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. Gotchu LLC , 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 Gotchu LLC '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 Gotchu 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 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 Gotchu LLC or by
You. Your rights under this license will terminate automatically and without notice from
Gotchu LLC 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 Illinois excluding its conflicts of law rules.