END USER LICENSE AGREEMENT
FOR STOCK SNIPS MOBILE APPLICATION FOR iOS
This end-user license agreement ("Agreement" or "EULA") is a legally binding agreement between Stock Snips, Inc. ("Stock Snips", "Licensor" or "Application Provider") and the person, company or organization ("You" or "Your") that desires to use the mobile application "Stocksnips", as may be updated from time to time (the "Licensed Application") being made available by Licensor. The Licensed Application, as made available through Apple Inc."s ("Apple") App Store (the "App Store") is licensed, not sold, to You. By clicking "I Agree" or by installing and/or using the Licensed Application, You are confirming your acceptance of this Agreement and you are agreeing to become bound by the terms and conditions of this Agreement.
The Application Provider reserves all rights not expressly granted to You. The Licensed Application is to be used on the following Apple-branded products running iOS - the iPad and the iPhone, (collectively, the " Devices").
A. TERMS REQUIRED BY APPLE
1. Acknowledgement. You acknowledge that this EULA is concluded between You and Licensor, and not with Apple. Licensor is solely responsible for the Licensed Application and the content thereof. This Agreement does not provide for usage rules for the Licensed Application that are less restrictive than the usage rules set forth for licensed applications in, or are otherwise in conflict with, the App Store Terms and Conditions (the "Usage Rules").
2. Scope of License. As set forth more fully in Section B.1. of this Agreement, the license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on the Devices that You own or control or as permitted by the Usage Rules as set forth in the App Store Terms and Conditions.
2. Maintenance and Support. Licensor shall be solely responsible for providing any maintenance and support services with respect to the Licensed Application. Licensor and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
3. Warranty. Licensor shall be solely responsible for any 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, you must notify Licensor. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the Licensed Application, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of Licensor.
4. Licensed Application Claims. Licensor and You acknowledge that Licensor, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or Your possession and/or use of the 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 or similar legislation.
5. Intellectual Property Rights. Licensor and You acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party"s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Legal Compliance. You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
7. Licensor Contact Information. Please direct Your questions, complaints or claims to Stock Snips at 235 Alpha Drive, Pittsburgh, Pennsylvania 15238 or via email to osagelabs@gmail.com
8. Third Party Beneficiary. Licensor and You acknowledge and agree that Apple, and Apple"s subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
B. ADDITIONAL TERMS
1 . Scope of License . This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable, non-exclusive license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and 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 rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, 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 any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2 . Consent to Use of Data and Personally Identifiable Information. (a) You agree that Application Provider may collect and use technical data and related information, including but not limited to technical 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 Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
(b) In order to access the Licensed Application, You may be required to submit certain "personally identifiable information" ("PII") which is defined as information that can be used to identify You as an individual. Examples of PII include Your first and last name, email address, street address, telephone number, credit card number, and other information that permits Licensor or a third party to contact you either physically or online. You are free not to provide the requested PII. However, if You do not provide certain PII, You may not be able to use the Licensed Application.
3. Privacy Policy. At all times, Your information, including PII, will be treated in accordance with Stock Snip"s Privacy Policy, which is incorporated by reference into this Agreement and can be viewed at:\u00a0http://www.stocksnips.co/privacy-policy.
4. Purchase of Licensed Application. (a) Licensor will provide a free trial of the Licensed Application (the "Free Trial Period"). Only one Free Trial Period is permitted per person, per email address.
(b) Upon the expiration of the Free Trial Period, You will be given the opportunity to purchase a subscription to the Licensed Application for a fee. Once You have successfully purchased Your subscription, You will receive an email from Licensor indicating that the Licensed Application has been purchased for the period selected (the "Subscription Period"). Paid fees are non-refundable unless Licensor terminates Your subscription as set forth below. You acknowledge and agree that the Licensed Application will automatically renew for an additional Subscription Period at the then-current fee if You do not cancel Your subscription more than 24 hours prior to the expiration of the then-expiring Subscription Period.
(b) You represent and warrant that: (i) you have the legal right to use the credit card used in connection with the purchase of Your subscription to the Licensed Application and (ii) the information You provide in connection with purchase of Your subscription is true, correct, and complete.
(c) Licensor reserves the right to refuse Your order for a subscription to use the Licensed Application if fraud or an unauthorized or illegal transaction is suspected.
5. Purpose. The Licensed Application aggregates and analyzes news related to public companies listed on Nasdaq and the NYSE.
6. DISCLAIMER. (a) THIS LICENSED APPLICATION DOES NOT PROVIDE TAX, LEGAL OR INVESTMENT ADVICE. The contents of the Licensed Application, including but not limited to text, graphics, images, data, graphs, audio, videos, computer programs and other material and information provided to You, either directly or indirectly, by the Licensed Application (collectively, the "Contents") are for informational purposes only. THE CONTENTS PROVIDED IN OR THROUGH THIS LICENSED APPLICATION ARE NOT A SUBSTITUTE FOR THE ADVICE OF A TAX, LEGAL OR INVESTMENT PROFESSIONAL. LICENSOR, ITS AFFILIATES, PARTNERS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON CONTENTS, INCLUDING BUT NOT LIMITED TO, THE SALE OR PURCHASE OF ANY STOCK, PRODUCT, SERVICE OR OTHER MATTER.
(b) NOTHING PROVIDED BY OR THROUGH THE LICENSED APPLICATION, INCLUDING BUT NOT LIMITED TO CONTENTS, IS INTENDED TO BE NOR SHOULD IT BE CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OR AN OFFER TO BUY, OR A RECOMMENDATION FOR A SECURITY.
7. Intellectual Property Rights. (a) You agree that the Contents contain proprietary information and material that is owned by Licensor and/or its agents or licensors or third parties, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such Contents in any way whatsoever except as permitted under this EULA or in any manner that infringes any intellectual property rights of Licensor and/or its agents or licensors or a third party. No portion of the Contents may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Contents, in any manner, and You shall not exploit the Contents in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
(b) You further agree not to use the Licensed Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You agree that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Licensed Application.
8 . Third Party Sites and Information. The Licensed Application may provide links or references to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under the control of Licensor You acknowledge that Licensor is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Licensor responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by the Licensor or any warranty of any kind, either express or implied. Different terms and conditions and privacy policies may apply to Your use of any other site. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any content, products or services available on or through any such third party site.
9 . Termination. The license is effective until Your subscription is terminated by You or the Licensor. Licensor reserves the right to terminate Your subscription for the Licensed Application at any time for any reason or no reason. If Licensor terminates Your subscription for any reason other than Your breach of this Agreement or any other terms to which You have agreed to be legally bound, You will receive a partial refund of the fee You prepaid, if any. Your refund will consist of all prepaid fees for each complete month remaining in Your Subscription Period. Upon termination of Your subscription, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
10. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION 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 LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES 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 ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. 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 YOUR USE 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 YOU. In no event shall Licensor"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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12 . Export Control. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries 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 Licensed Application, 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 these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
13 . Government End Users. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. "2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 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, if at all, 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.
14. Compliance with Laws. Although the Licensed Application may be accessible worldwide, Licensor makes no representation that the Licensed Application is appropriate or available for use in locations outside the United States, including accessing the Licensed Application from locations where its contents are illegal and/or prohibited. Those who choose to access the Licensed Application agree to use the Licensed Application in compliance with all applicable laws, including local laws of the country or region in which You reside or in which You download or use the Licensed Application.
15. Governing Law. The Licensed Application (excluding any linked sites) is controlled by Licensor from its offices within the Commonwealth of Pennsylvania, United States of America and can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the Commonwealth of Pennsylvania, by licensing the Licensed Application, You and the Licensor agree that the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters, including but not limited to any legal suit, action or proceeding arising out of or related to this Agreement and/or Your use of the Licensed Application. You and the Licensor also agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction located in Allegheny County, the Commonwealth of Pennsylvania, with respect to all such matters.
16. Complete Agreement. This Agreement constitutes the entire Agreement between You and Licensor relating to the Licensed Application, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Licensor.