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. Ilya Kovalenko ,
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 Ilya Kovalenko '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 Ilya Kovalenko '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 contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical handicap.
14. 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 Ilya Kovalenko or by You. Your rights under this license will
terminate automatically and without notice from Ilya Kovalenko 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
Belarus
excluding its conflicts of law rules.