LICENSED APPLICATION END USER LICENSE AGREEMENT (EULA)
Apps made available through the App Store are licensed, not sold, to the End User. The End User’s license to each App is subject to the End User’s prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. The End User’s license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and the End User’s license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to the End User under this Standard EULA.
1. Acknowledgement:
By using this Licensed Application, SheeksFreaks LLC and the End-User acknowledge that the EULA is concluded between SheeksFreaks LLC and the End-User only, and not with Apple, and SheeksFreaks LLC, not Apple, is solely responsible for the Licensed Application and the content thereof. The EULA does not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of January 2022. By using this Licensed Application, both SheeksFreaks and the End User acknowledge they have had the opportunity to review the Apple Media Services Terms and Conditions found here: https://www.apple.com/legal/internet-services/itunes/.
2. Scope of License:
The license granted to the End User is a nontransferable license to use the Licensed Application on any Apple-branded products that the End User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/ ), except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Licensed Application)
3. Maintenance and Support:
Sheeks Freaks LLC and its development team are solely responsible for providing any maintenance and support services for the Licensed Application as specified in this EULA or as required by law. By using this Licensed Application, SheeksFreaks LLC and the End User acknowledge that Apple has no obligation to furnish andy maintenance and/or support services with respect to the Licensed Application.
4. Warranty:
( No Warranty ) THE LICENSED APPLICATION AND THE INFORMATION INCLUDED HEREIN ARE FOR EDUCATIONAL AND INFORMATION PURPOSES ONLY. You should consult your own investment, legal, tax, and/or similar professionals regarding your specific situation and any specific decisions.
SheeksFreaks LLC is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of information provided on the Licensed Application. Any reliance you place on such information is therefore strictly at your own risk.
The Licensed Application (including all of its content) is provided to the End User “as is.” SheeksFreaks LLC makes no representations or warranties as to the accuracy, reliability, or completeness of any information on the Licensed Application. Past performance of any investment strategy presented on the Licensed Application is not necessarily indicative of future results. There is the possibility of loss and all investment involves risk including the loss of principal.
SheeksFreaks LLC 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 Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SheeksFreaks LLC.
5. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE END USER’S USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO THE END USER. In no event shall Licensor’s total liability to the End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
6. Product Claims:
By using this Licensed Application, SheeksFreaks LLC and the End User acknowledge that SheeksFreaks LLC, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End User’s possession and/or use of that Licensed Application, including, but not limited to: (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 the Licensed Application’s use of the HealthKit and HomeKit frameworks.
7. Intellectual Property Rights:
SheeksFreaks LLC owns and maintains the Licensed Application. Except as specifically permitted, nothing contained in this EULA, Terms of Use, or the Licensed Application itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Licensed Application, including without limitation the “SheeksFreaks” service mark. No act of downloading or otherwise copying from the Licensed Application will transfer title to any software or material to any user hereof. SheeksFreaks reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Licensed Application.
By using this Licensed Application, SheeksFreaks LLC and the End User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, SheeksFreaks LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
8. Legal Compliance:
By using this Licensed Application, the End-User represents and warrants that (i) he/she 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
9. Developer Name and Address:
SheeksFreaks LLC is the developer of this Licensed Application. The contact information that may be used by the End User for questions, complaints, or claims with respect to the Licensed Application is as follows:
Mailing Address: SheeksFreaks LLC P.O. Box 371851 Denver, CO 80237
Email Address: info@sheeksfreaks.com
Phone Number: 970-627-7365
10. Third Party Terms of Agreement:
The End-User must comply with all applicable third-party terms of agreement when using this Licensed Application.
11. Third-Party Beneficiary:
By using this Licensed Application, SheeksFreaks and the End-User acknowledge and agree 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 has 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.
12. Termination:
This Standard EULA is effective until terminated by the End User or Licensor. The End User’s rights under this Standard EULA will terminate automatically if the End User fails to comply with any of its terms.