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. Keaps App, LLC , not Apple, is solely
responsible for the licensed Application and the content thereof.
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
.
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 Keaps App, 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
Keaps App, 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
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.
5. USE OF
DATA
6. USER GENERATED
CONTRIBUTIONS
1.
The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
2.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Application, and other users of the Application to use your Contributions
in any manner contemplated by the Application and these Terms of
Use.
3.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Application and these Terms of Use.
4.
Your Contributions are not false, inaccurate, or misleading.
5.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8.
Your Contributions are not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a specific
person or class of people.
9.
Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy
or publicity rights of any third party.
11. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
12. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Terms of Use, or
any applicable law or regulation.
Any use of the Application in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the
Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of
the Application or making Contributions accessible to the Application by
linking your account from the Application to any of your social networking
accounts, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use copy, reproduce, disclose, sell, resell,
publish, broad cast, retitle, archive, store, cache, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial advertising, or otherwise, and to
prepare derivative works of, or incorporate in other works, such as
Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the
Application. You are solely responsible for your Contributions to the
Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2)
to re-categorize any Contributions to place them in more appropriate
locations in the Application; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8.
LIABILITY
9.
WARRANTY
(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.
11.
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.
12.
CONTACT
INFORMATION
For general inquiries, complaints, questions or claims
concerning the licensed Application, please contact:
13.
TERMINATION
The license is valid until terminated by Keaps App, LLC or by You. Your rights under
this license will terminate automatically and without notice from Keaps App, 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.
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.
This license agreement is governed by the laws of Georgia