PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE ALLISONHOUSE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. General. The software, documentation and any fonts accompanying this License, whether on disk, in read only memory, on any other media or in any other form (collectively the "Software" are licensed, not sold, to you by AllisonHouse LLC ("AllisonHouse") for use only under the terms of this License, and AllisonHouse reserves all rights not expressly granted to you. The rights granted herein are limited to AllisonHouse's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but AllisonHouse and/or AllisonHouse's licensor(s) retain ownership of the Software itself. The terms of this License will govern any software upgrades provided by AllisonHouse that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions. (a) This License is limited to a non-exclusive, non-assignable, non-transferable license to use the Software on any iPhone or iPod touch or iPad that you own or control and as permitted by the "Usage Rules" set forth in the App Store Terms and Conditions. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software. (b) You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing any use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of AllisonHouse and its licensors of the Software. If you breach this restriction, you may be subject to prosecution and damages.
3. Consent to Use of Data. You agree that AllisonHouse and its subsidiaries may collect and use technical and related information, including but not limited to 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 Software. AllisonHouse may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from AllisonHouse if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Upon such termination, all provisions of this License except for the License Grant in Section 1 will survive termination and continue in effect.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE 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 SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ALLISONHOUSE AND ALLISONHOUSE'S LICENSORS (COLLECTIVELY REFERRED TO AS "ALLISONHOUSE" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, 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. ALLISONHOUSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. YOU ACKNOWLEDGE THAT THE SOFTWARE IS INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES; THAT IT INCORPORATES INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH ALLISONHOUSE HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY ALLISONHOUSE, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN BEST JUDGEMENT, OR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES, IN ANY GIVEN SITUATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALLISONHOUSE OR A ALLISONHOUSE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OR APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ALLISONHOUSE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR 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 SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ALLISONHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AllisonHouse'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 three dollars ($3.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Customer Remedies. If the Software does not perform substantially in accordance with the accompanying documentation, your exclusive remedy shall be to notify Apple Inc. ("Apple"), and Apple will refund the purchase price for the Software.
8. Indemnification. You shall indemnify and hold harmless AllisonHouse and its respective suppliers of data from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilization of the Software or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of AllisonHouse, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of AllisonHouse. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of this License.
9. Due Authority. By accepting this License, you acknowledge and confirm that you are at least eighteen (18) years of age and competent to enter into a contract, and you agree to be bound by the terms and conditions of this License.
10. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed counties 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 Software, 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 the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical, or biological weapons.
11. Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Third Party Beneficiary. WSI Corporation, Apple Inc. and Apple's subsidiaries (collectively referred to as "Apple" for the purposes of this Section) are third party beneficiaries of this License, and upon your acceptance of the terms and conditions of this License Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
13. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents, without giving effect to its conflicts of laws provisions. DuPage County, State of Illinois, or the United States District Court for the Northern District of Illinois shall be the sole and exclusive venue for any litigation, proceeding, or other action which may be brought or arise out of or in connection with this License. This License shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
14. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modifications of this License will be binding unless in writing and signed by AllisonHouse. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
15. Product Claims or Questions. Any claims by you or any third party relating to the Software or to your possession and/or use of the Software, including, but not limited to (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation shall be directed to AllisonHouse. Questions, complaints, or claims related to the Software should be directed to:
AllisonHouse LLC
2206 N. Main
Suite 166
Wheaton, IL 60187
[email protected]
16. YOU SHOULD PRINT AND RETAIN A COPY OF THIS LICENSE FOR YOUR RECORDS.
Revised November 1, 2010.