END-USER LICENSE AGREEMENT (“EULA”), EMC FOR iOS
- License. Subject to the Usage Rules set forth in the App Store Terms of Service, EMC grants You a limited, non-exclusive, non-transferable and revocable license to use the Software on an iPhone OS product that You own or control.
- Maintenance & Support. You acknowledge that any maintenance and support services for the Software, if any, will be provided by EMC and that Apple has no obligation whatsoever to furnish any such services for the Software.
- No Warranty. YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMC, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Notwithstanding the foregoing, in the event the Software does not conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price You paid for the Software, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EMC’s sole responsibility.
- Product Claims. You acknowledge that EMC, not Apple, is responsible for addressing any claims from You or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Limitation of Liability. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT EMC, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR IN ANY WAY RELATING TO THE SOFTWARE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF EMC, ITS SUPPLIERSS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SOFTWARE IS LIMITED TO TWENTY US DOLLARS ($20). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EMC.
- Intellectual Property Rights & Protection. You acknowledge that in the event of any third party claim that the Software, or your possession and use of the Software, infringes that third party’s intellectual property rights, EMC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. EMC respects the intellectual property of others and requires that users of the Software do the same. When You use the Software, You may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, EMC will terminate the accounts of repeat infringers.
- Legal Compliance & Acceptable Use. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You specifically agree that You will not use the Software to (i) violate any laws or regulations; (ii) infringe the intellectual property or other rights of third parties; or (iii) transmit any materials that contain viruses or other harmful computer code or files such as Trojan Horses, worms or time bombs.
- Third Party Agreements. You must comply with any applicable third party terms of agreement when using the Software. In particular, You acknowledge that use of the Software may result in increased charges from your wireless carrier and that You are solely responsible for paying such charges.
- Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and, on your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.
- General. This EULA and the relationship between You and EMC will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts to resolve any dispute or claim arising from this EULA. As to intellectual property rights, You specifically agree that EMC may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. You agree that any claim or cause of action related to this EULA or the use of the Software must be filed within one (1) year after the cause of action arose or be forever barred. You may not assign or transfer any of your rights or obligations under this EULA to a third party without the prior written consent of EMC. EMC may freely assign this EULA.
- Contacting EMC. If You have any questions, complaints or claims with respect to the Software, please contact EMC at:
176 South Street
Hopkinton, MA 01748
Last revised: April 23, 2014