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. Mighty Fine Apps 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 Mighty Fine Apps 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 Mighty Fine Apps 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.
LIABILITY
7.
WARRANTY
7
7
7
(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:
11.
TERMINATION
The license is valid until terminated by Mighty Fine Apps LLC or by You. Your rights under this license will terminate
automatically and without notice from Mighty Fine Apps 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 California
15
.2
Collateral
agreements, changes and amendments are only valid if laid down in writing. The preceding
clause can only be waived in writing.