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License and Use of the Licensed Application


The products made available through our service are licensed to you, not sold, for use only according to the terms of this license. If a product comes with a separate license agreement, the terms of that agreement will apply, provided you accept it. The licensor (the "Application Provider") retains all rights not explicitly granted to you. The product covered by this license is referred to as the “Licensed Application.”


a. Scope of License:


The license granted to you by the Application Provider is non-transferable and limited to personal use of the Licensed Application on any iPhone or iPod Touch you own or control, and only as permitted by the Usage Rules outlined in Section 9.b of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on devices you do not own or control, nor may you distribute or make the application available over a network for use on multiple devices simultaneously. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You are also prohibited from copying (except as explicitly allowed by this license and the Usage Rules), decompiling, reverse engineering, disassembling, attempting to derive the source code, modifying, or creating derivative works based on the Licensed Application or any updates (unless applicable law permits otherwise or the licensing terms for open-source components allow such actions). Any attempt to do so is a violation of the Application Provider's and its licensors' rights. Violating this restriction could result in legal action, including prosecution and damages. The terms of the license will also apply to any upgrades provided by the Application Provider that replace or supplement the original product, unless the upgrade is accompanied by a separate license agreement, in which case that license will apply.


b. Consent to Use of Data:


By using the Licensed Application, you agree that the Application Provider may collect and use technical data and related information, including but not limited to data about your device, system and application software, and peripherals. This data will be gathered periodically to facilitate software updates, product support, and other services related to the Licensed Application. This information will be used in a form that does not personally identify you, and it may be used to improve the Application Provider's products or provide services and technologies to you. Note: The Application Provider does not store any information regarding what you type while using the Licensed Application.


c. Termination:


This license is effective until terminated by either you or the Application Provider. Your rights under this license will automatically terminate without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies, whether full or partial, of the application.


d. Services and Third-Party Materials:


The Licensed Application may grant you access to services and websites operated by the Application Provider and third parties (collectively, “Services”). Using these Services may require Internet access and acceptance of additional terms of service. You acknowledge that you may encounter content that may be offensive, indecent, or objectionable while using these Services, and that the Application Provider is not responsible for such content. Additionally, some Services may provide content, data, or links to third-party websites (“Third-Party Materials”). The Application Provider does not warrant or endorse, and is not responsible for evaluating, the accuracy or legality of such Third-Party Materials. You agree to use the Services at your own risk. The Application Provider is not responsible for any damages or issues that arise from third-party Services or content. Furthermore, location data provided by any Services is only for basic navigation and should not be relied upon in critical situations.


e. No Warranty:


You acknowledge and agree that your use of the Licensed Application is at your own risk. The Licensed Application and any related services are provided “as is” and “as available,” with all faults, and without any warranty of any kind. The Application Provider expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. The Application Provider does not guarantee that the Licensed Application will meet your requirements, operate without interruptions, or be free from errors. If defects are found, you bear the full cost of repair or correction. Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.


f. Limitation of Liability:


To the extent permitted by law, in no event shall the Application Provider be liable for any personal injury, incidental, special, indirect, or consequential damages, including but not limited to damages for loss of profits, data, or business interruption, arising from your use or inability to use the Licensed Application. This applies regardless of the legal theory (contract, tort, etc.), even if the Application Provider has been advised of the possibility of such damages. In no case shall the Application Provider's total liability exceed fifty dollars ($50.00).


g. Export Control:


You may not export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction where you obtained it. Specifically, the application may not be exported to any U.S. embargoed countries or individuals on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce’s Denied Persons List. By using the Licensed Application, you confirm that you are not located in such a country or on any restricted list and that you will not use the application for prohibited purposes.


h. U.S. Government Use:


The Licensed Application and associated documentation are "Commercial Items," as defined by 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." These items are licensed to U.S. Government end users only as Commercial Items, with only those rights granted to all other end users under the terms of this agreement. Unpublished rights are reserved under U.S. copyright laws.


i. Governing Law:


This license and your use of the Licensed Application are governed by the laws of the State of California, excluding its conflicts of law rules. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.