By downloading the Licensed Application from Apple's software
distribution platform ( "App Store" )
and
Google's software distribution platform ( "Play Store" ) , 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. App
Store and Play Store are referred to in this License Agreement as
"Services."
The parties of this License Agreement acknowledge that the Services are not a
Party to this License
Agreement and are not bound by any provisions or obligations with regard to the Licensed
Application, such as warranty, liability, maintenance and support thereof.
aelivra , not the Services, is solely responsible for the Licensed Application and the
content thereof.
TABLE OF CONTENTS
The Licensed 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 Licensed Application. You may not use the Licensed Application in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2
.
2 This
license will also
govern any updates of the Licensed Application provided by
Licensor that replace, repair, and/or supplement the first
Licensed 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 Licensed Application available to third
parties (unless to the degree allowed by the Usage Rules, and
with aelivra 's prior written
consent), sell, rent, lend, lease or otherwise redistribute the
Licensed Application.
2
.
4 You
may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works
or updates of, adapt, or attempt to derive the source code
of the Licensed Application, or any part thereof (except
with aelivra 's prior written
consent).
2
.
5 You
may not copy (excluding when expressly authorized by this license and the Usage
Rules) or alter the Licensed 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 Usage
Rules, 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. If you sell
your Devices to a third party, you must remove the Licensed
Application from the Devices before doing so.
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
Licensed 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
or
Play Store Overview
for this Licensed Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and application software, and
peripherals, offer product support, facilitate the software updates, and for purposes of providing
other services to you (if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies to you, as long as it is
in a form that does not personally identify you.
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 Licensed Application, and other users of the
Licensed Application to use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
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 Licensed Application and this License
Agreement.
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 this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates
this License
Agreement and may result in, among other things, termination or suspension of your rights to use the
Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or
making Contributions accessible to the Licensed Application by linking your account from the
Licensed 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 Licensed Application. You are solely
responsible for your Contributions to the Licensed 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
recategorize any Contributions to place them in more
appropriate locations in the Licensed Application; and (3) to prescreen 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 US Government embargo, or
that has been designated by the US Government as a
"terrorist supporting" country; and that You
are not listed on any US 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 aelivra or by You. Your rights under this license will
terminate automatically and without notice from aelivra if You fail
to adhere to any term(s) of this license . Upon License
termination, You shall stop all use of the
Licensed Application, and destroy all copies, full or partial, of the Licensed
Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License
Agreement,"
both Apple and Google and their
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, both Apple and Google 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
the State of legal@aelivra.co
excluding its conflicts of law rules.