This End-User License Agreement (“EULA”) is a legal agreement between you (“the End-User”, “Your”, or “You”) and our Cheerin application (“Application”, “Software”, “Our”, “Us”, or “We”).
This EULA agreement governs your acquisition and use of our Cheerin software directly from Cheerin or indirectly through a Cheerin authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Cheerin software. It provides a license to use the Cheerin software and contains warranty information and liability disclaimers.
1. Acknowledgement: We and the End-User acknowledge that the EULA is concluded between Us and the End-User only, and not with Apple, and We, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which We acknowledge We have had the opportunity to review).
2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable 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, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. We and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, 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 that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.
5. Product Claims: We and the End-User acknowledge that We, 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 Our Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Our liability to the End-User beyond what is permitted by applicable law.
6. Intellectual Property Rights: We 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, We, 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 must represent and warrant 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.
8. Developer Name and Address to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed: Jonathan Soler, 7 rue Louis Fort, 69100 Villeurbanne, France. (+33 6 23 60 69 85) cheerin.app (at) gmail.com
9. Third Party Terms of Agreement: The End-User must comply with applicable third party terms of agreement when using Our Application.
10. Third Party Beneficiary: We 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 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.
If you register for a free trial of the Cheerin software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Cheerin software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Cheerin herewith regardless of whether other software is referred to or described herein. The terms also apply to any Cheerin updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
Cheerin hereby grants you a personal, non-transferable, non-exclusive licence to use the Cheerin software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Cheerin software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Cheerin software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- use the Software for any purpose that Cheerin considers is a breach of this EULA agreement
Intellectual Property and Ownership
Cheerin shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Cheerin.
Cheerin reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Cheerin.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. This EULA was created by App EULA Template Generator from App-Privacy-Policy.com for Cheerin
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of France.