END USER LICENSE AGREEMENT
Last updated July 06, 2020
Furious Rhymes is licensed to You (End-User) by HYDL LLC (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple
AppStore, and any update thereto (as permitted by this License
Agreement), You indicate that You agree to be bound by all of the terms
and conditions of this License Agreement, and that You accept this
License Agreement.
The parties of this License Agreement acknowledge
that Apple is not a Party to this License Agreement and is not bound by
any provisions or obligations with regard to the Application, such as
warranty, liability, maintenance and support thereof. HYDL LLC, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. HYDL LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Furious Rhymes (hereinafter: Application) is a piece of software created to __________ - and customized for Apple mobile devices. It is used to view rhyming words.
The
Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use
this Application. You may not use the Application in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2.1
You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Apple-branded
Products that You (End-User) own or control and as permitted by the
Usage Rules set forth in this section and the App Store Terms of
Service, with the exception that such licensed Application may be
accessed and used by other accounts associated with You (End-User, The
Purchaser) via Family Sharing or volume purchasing.
2.2
This license will also govern any updates of the Application provided
by Licensor that replace, repair, and/or supplement the first
Application, unless a separate license is provided for such update in
which case the terms of that new license will govern.
2.3
You may not share or make the Application available to third parties
(unless to the degree allowed by the Apple Terms and Conditions, and
with HYDL LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4
You may not reverse engineer, translate, disassemble, integrate,
decompile, integrate, remove, modify, combine, create derivative works
or updates of, adapt, or attempt to derive the source code of the
Application, or any part thereof (except with HYDL LLC's prior written consent).
2.5
You may not copy (excluding when expressly authorized by this license
and the Usage Rules) or alter the Application or portions thereof. You
may create and store copies only on devices that You own or control for
backup keeping under the terms of this license, the App Store Terms of
Service, and any other terms and conditions that apply to the device or
software used. You may not remove any intellectual property notices. You
acknowledge that no unauthorized third parties may gain access to these
copies at any time.
2.6
Violations of the obligations mentioned above, as well as the attempt
of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8
Nothing in this license should be interpreted to restrict third-party
terms. When using the Application, You must ensure that You comply with
applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1
Licensor attempts to keep the Application updated so that it complies
with modified/new versions of the firmware and new hardware. You are not
granted rights to claim such an update.
3.2
You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use the
Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and
support services for this licensed Application. You can reach the
Licensor at the email address listed in the App Store Overview for this
licensed Application.
4.2 HYDL LLC and
the End-User acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the
licensed Application.
5. USE OF DATA
You
acknowledge that Licensor will be able to access and adjust Your
downloaded licensed Application content and Your personal information,
and that Licensor's use of such material and information is subject to
Your legal agreements with Licensor and Licensor's privacy policy: https://furious-rhymes.flycricket.io/privacy.html.
6. LIABILITY
6.1
Licensor takes no accountability or responsibility for any damages
caused due to a breach of duties according to Section 2 of this
Agreement. To avoid data loss, You are required to make use of backup
functions of the Application to the extent allowed by applicable
third-party terms and conditions of use. You are aware that in case of
alterations or manipulations of the Application, You will not have
access to licensed Application.
7. WARRANTY
7.1
Licensor warrants that the Application is free of spyware, trojan
horses, viruses, or any other malware at the time of Your download.
Licensor warrants that the Application works as described in the user
documentation.
7.2
No warranty is provided for the Application that is not executable on
the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if
by Yourself or by third parties, or if there are any other reasons
outside of HYDL LLC's sphere of influence that affect the executability of the Application.
7.3 You are required to inspect the Application immediately after installing it and notify HYDL LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of __________ days after discovery.
7.4 If we confirm that the Application is defective, HYDL LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In
the event of any failure of the Application to conform to any
applicable warranty, You may notify the App-Store-Operator, and Your
Application purchase price will be refunded to You. To the maximum
extent permitted by applicable law, the App-Store-Operator will have no
other warranty obligation whatsoever with respect to the App, and any
other losses, claims, damages, liabilities, expenses and costs
attributable to any negligence to adhere to any warranty.
7.6 If
the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the
Application was made available to the user. The statutory periods of
limitation given by law apply for users who are consumers.
HYDL LLC and the End-User acknowledge that HYDL LLC,
and not Apple, is responsible for addressing any claims of the End-User
or any third party relating to the licensed Application or the
End-User’s possession and/or use of that licensed Application,
including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii)
claims arising under consumer protection, privacy, or similar
legislation, including in connection with Your Licensed Application’s
use of the HealthKit and HomeKit.
9. LEGAL COMPLIANCE
You
represent and warrant that You are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a "terrorist supporting" country; and that You are
not listed on any U.S. Government list of prohibited or restricted
parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
__________
__________
__________, __________ __________
United States
hydl@pm.me
11. TERMINATION
The license is valid until terminated by HYDL LLC or by You. Your rights under this license will terminate automatically and without notice from HYDL LLC
if You fail to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the Application, and destroy all
copies, full or partial, of the Application.
HYDL LLC represents and warrants that HYDL LLC will comply with applicable third-party terms of agreement when using licensed Application.
In
Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," Apple and Apple's subsidiaries
shall be third-party beneficiaries of this End User License Agreement
and - upon Your acceptance of the terms and conditions of this license
agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this End User License Agreement against
You as a third-party beneficiary thereof.
HYDL LLC
and the End-User acknowledge that, in the event of any third-party
claim that the licensed Application or the End-User's possession and use
of that licensed Application infringes on the third party's
intellectual property rights, HYDL LLC, and
not Apple, will be solely responsible for the investigation, defense,
settlement and discharge or any such intellectual property infringement
claims.
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
15.1 If
any of the terms of this agreement should be or become invalid, the
validity of the remaining provisions shall not be affected. Invalid
terms will be replaced by valid ones formulated in a way that will
achieve the primary purpose.
15.2 Collateral
agreements, changes and amendments are only valid if laid down in
writing. The preceding clause can only be waived in writing.