Application Provider may update the Licensed Application and/or the Services and/or this EULA from time to time in response to changing legal, technical or business developments. In such a case, Application Provider will take appropriate measures to inform You via the Licensed Application or the Services or otherwise, in accordance with the significance of the changes Application Provider makes. By continuing to access or use the Licensed Application and/or Services after updates become effective, You agree to be bound by the updated EULA.
According to this EULA, the Application Provider grants you with a non-transferable license to use for personal and non-commercial use the Licensed Application on any Apple iOS device that You own or control and in accordance with all applicable laws and Apple’s Usage Rules. This license does not allow You to use the Licensed Application on any Apple iOS device that You do not own or control.
You acknowledge and accept to comply with applicable third party terms of agreement related to the use of the Licensed Application.
The license covers all Apps published by Sharp Forks LTD.
You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application.
Application Provider may use any information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
This EULA shall commence on the date that you accept the same expressly or install or otherwise use the Licensed Application and shall end on the date of your disposal of the Licensed Application, save for earlier termination in accordance with this agreement. It is understood that the validity of this EULA and the validity of any purchase associated to the Licensed Application shall be construed independently from each other, this meaning that (i) the termination of such associated purchase shall not affect the validity of this EULA and (ii) the termination of this EULA shall not affect the validity of such associated purchase.
Your rights under this license will terminate automatically without notice from the Application Provider if You attempt to circumvent any technical protection measures used in connection with the Licensed Application and/or Services or you otherwise use the Licensed Application and/or Services in breach of the terms of this EULA. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Licensed Application and/or the Services may require Internet access and/or third party Services. In any case, the cost related to Internet access and third party Services – as well as any liability related to the above – shall be borne exclusively by You.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your Apple iOS device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
The Application Provider and/or its licensor retain all right, title and interest in and to the Licensed Application, the Services and any content of the same, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, characters names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. You hereby acknowledge that no title or ownership in the Licensed Application, the Services and any content of the same is being transferred or assigned hereby and this EULA is not to be construed as a sale of any rights in the same.
All designs, features, files, documents and content included in the applications, are the property of Sharp Forks LTD. Any unauthorized use will lead to a penalty of $100,000 per used file, document or feature.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on/trough the Licensed Application and/or the Service, or transmit to other users. You will not post or transmit to other users in any way whatsoever, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Any content You may create, draft, design or in any way produce using the Licenced Application is for Your personal and non-commercial use only.
To the extent not prohibited by law, in no event shall Application Provider be liable for any third party claim arising from your non-compliance with this EULA and/or any applicable law. You hereby undertake to indemnify and hold Application Provider harmless from any damage, loss, cost, fee borne by the same in relation to your non-compliance with this EULA and/or any third party claim in relation to Your use of Licensed Application and/or the Service (including the content that you publish or display).
You expressly acknowledge and agree that use of the Licensed Application and/or the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any Services performed or provided by/via the Licensed Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application Provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that defects in the licensed application or services will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Should the Licensed Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
It is understood that in the event of any failure of the Licensed Application to conform to any applicable warranties, You may notify Apple and require refund of the purchase price of the Licensed Application.
To the extent not prohibited by law, in no event shall Application Provider, or its licensor, be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages.
In no event shall Application Provider’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by Swiss law or United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Swiss law and/or United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Application Provider may assign this EULA or any right set out herein, in whole or in part, without your consent, to any person or entity at any time with or without the Licensed Application. You may not assign or delegate any rights or obligations under this EULA without Application Provider’s previous consent, and any unauthorized assignment and delegation by you is void.
Any failure by Application Provider to exercise or enforce any of its rights under this EULA does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Application Provider.
The laws of Switzerland, excluding its conflicts of law rules, shall govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Application Provider’s discretion (i) at your domicile’s competent Court; or (ii) at the Court of Geneva (Switzerland).