End User License Agreement

1. The agreement

This End User License Agreement (the “Agreement”) is a legal contract between you and Espyeon LLC (“Espyeon”) governing your installation and use of any software application published by us, together with its updates, documentation and any content supplied with it (the “Application”).

By downloading, installing or using the Application, you accept this Agreement. If you do not accept it, do not install or use the Application, and delete any copy in your possession.

This Agreement supplements our Terms of Service and Privacy Policy. Where it conflicts with the Terms of Service on the subject of application licensing, this Agreement controls.

2. Licence grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the Application on any device that you own or control, as permitted by the usage rules of the app store you obtained it from. If you obtained the Application from the Apple App Store, this licence is also subject to the Usage Rules in Apple’s Media Services Terms and Conditions, including any permitted Family Sharing. The Application is licensed to you, not sold.

3. Restrictions

You may not, and may not permit any third party to:

• copy, modify, adapt, translate or create derivative works of the Application, except as expressly permitted by this Agreement or by non-waivable law;
• reverse engineer, decompile or disassemble the Application, or attempt to derive its source code, except to the extent that applicable law expressly prohibits this restriction;
• rent, lease, lend, sell, redistribute, sublicense or commercially exploit the Application;
• remove, obscure or alter any proprietary notice, label or mark on the Application;
• circumvent or disable any security, licensing or access-control mechanism; or
• use the Application to develop a competing product, or in any way that violates applicable law or our Acceptable Use Policy.

4. Ownership

The Application is protected by copyright and other intellectual property laws and treaties. Espyeon LLC and its licensors retain all right, title and interest in and to the Application, including all intellectual property rights in it. You receive no rights other than the limited licence expressly granted in section 2. Any third-party open-source components included in the Application are licensed under their own terms, which are made available within the Application or on request, and which prevail over this Agreement to the extent of any conflict for those components.

5. Updates and changes

We may make updates, upgrades, bug fixes and new versions available. Depending on your device settings, these may install automatically. This Agreement governs any update unless the update is accompanied by its own licence, in which case that licence governs. We are not obliged to provide any update, to maintain any particular feature, or to continue publishing the Application, and we may discontinue it at any time without liability to you.

6. Data and privacy

Your use of the Application is subject to our Privacy Policy and to the privacy disclosure published on the Application’s store listing. You are responsible for the data you put into the Application, and — except where the Application offers a sync or backup feature that you have enabled — for maintaining your own backups of it.

7. In-app purchases and subscriptions

Where the Application offers paid content or subscriptions, those transactions are processed by the app store that supplied the Application, under that store’s terms. Subscriptions renew automatically until cancelled through that store’s account settings. Refunds are governed by that store’s policy. We do not process, and never receive, your payment card details.

8. Term and termination

This Agreement takes effect when you first install or use the Application and continues until terminated. It terminates automatically and without notice if you breach any of its terms. We may also terminate it if we discontinue the Application. On termination you must cease all use and delete every copy of the Application in your possession. Sections 4, 9, 10, 11 and 12 survive termination.

9. Disclaimer of warranties

10. Limitation of liability

11. Apple-specific terms

The following applies where you obtained the Application from the Apple App Store. You acknowledge and agree that:

• This Agreement is between you and Espyeon LLC only, and not with Apple Inc. (“Apple”). Espyeon LLC, not Apple, is solely responsible for the Application and its content.
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
• In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Espyeon LLC.
• Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• In the event of a third-party claim that the Application or your possession and use of it infringes that third party’s intellectual property rights, Espyeon LLC, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it, 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 of it.

Contact information for any question, complaint or claim regarding the Application is Contact@espyeon.com.

12. General

This Agreement is governed by the laws of the State of Ohio, without regard to conflict-of-laws principles. The dispute-resolution, arbitration and class-action waiver provisions of our Terms of Service apply to this Agreement and are incorporated by reference. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the remainder will continue in effect. Our failure to enforce a provision is not a waiver of it. You may not assign this Agreement; we may. This Agreement, together with the documents it references, is the entire agreement between you and us regarding the Application.