AutoAp, Inc.’s End-User License Agreement
2. Scope of License: This EULA grants to the end-user for the Solution a non-transferable license to use the Solution on any iOS device that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: The Company is solely responsible for providing any maintenance and support services with respect to the Solution, as specified in the EULA, or as required under applicable law. The end-user acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution.
4. Warranty: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of The Company to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Solution to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be The Company’s sole responsibility.
5. Product Claims: The Company and the end-user acknowledge that The Company, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Solution or the end-user’s possession and/or use of the Solution, including, but not limited to: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA does not limit The Company’s liability to the end-user beyond what is permitted by applicable law.
6. Intellectual Property Rights: AutoAp and the end-user acknowledge that, in the event of any third party claim that the Solution or the end-user’s possession and use of that Solution infringes that third party’s intellectual property rights, The Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The end-user represents and warrants that (i) s/he is 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 (ii) s/he is not listed on any U.S. Government list of prohibited or restricted parties.
8. Third Party Beneficiary: The Company the end-user acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
9. Developer Name and Address: End-user questions, complaints or claims with respect to the Solution can be directed to: AutoAp, Inc. 15455 NW Greenbrier Parkway, Suite 140, Beaverton, OR 97006. Phone: 503-951-6150, email: legal (=at=) autoap (=dot=) com.