EULA for the Licensed Application - Quick2257
You acknowledge that this EULA is concluded between you, the end user only, and not Apple. The developer, not Apple, is responsible for the Licensed Application and the content thereof. In addition to the Minimum Terms of Service required for all iTunes mobile applications, found here, http://www.apple.com/legal/itunes/appstore/dev/minterms the Quick2257 requires that the user agree to the following terms and conditions:
1) “You” as used
in this agreement means the end user that purchases or uses the
Quick2257 application (“application or "Licensed Application”).
2) The “developer”
mean “Lawrence G. Walters” or his successors or assigns.
3) This agreement may be accepted using electronic signatures.
4) You acknowledge
that this agreement, or portions of it, may be modified by the
developer, and understand that you must agree to any such new terms,
when presented, prior to continuing to use the application.
5) You may use the application only for legal purposes.
6) The developer
does not maintain any legal records generated by the application, and
any legal maintenance requirements are imposed solely on the user,
producer, or other person upon whom such legal obligations are imposed.
7) The only
information maintained by the developer in connection with the
application is that which is provided by you during the registration
process.
8) By agreeing to
accept “Legal Updates” during the registration process, the user
expressly consents to receive electronic messages relating to
developments in the law applicable to adult content producers.
9) This application
is intended solely as a productivity enhancement device, and is not a
substitute for legal or other professional services. Nothing contained
in this agreement, the product description, or the application is
intended as legal advice. The user is expected to use the application
only in connection with competent legal advice. Failure to
generate and properly maintain all Section 2257 records in connection
with the production of depictions of actual or simulated sexually
explicit conduct is a serious crime.
10) You understand and
acknowledge that other records beyond those generated by Quick2257 may
be required to comply with federal statutes and regulations. In
addition, state and federal law relating to adult content production
routinely changes. The developer is not responsible for any
changes in the law that impact the use of the application.
11) In the event of any failure of the Licensed Application to
conform to any warranty not disclaimed herein, 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 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 not disclaimed herein is the
developer's sole responsibility. DISCLAIMER OF WARRANTY: The developer,
his agents, employees, affiliates, attorneys and contractors disclaim
any express or implied warranty regarding compliance with any legal
records keeping or maintenance requirements is provided in connection
with the use of this application. The developer further disclaims any
warranty of fitness for a particular purpose. This disclaimer of
warranty is intended to be apply to the fullest extent permitted by
law. Void where prohibited.
12) The user releases the
developer, and holds the developer harmless, from any and all claims
arising from the use or misuse of the application, to the maximum
extent provided by law.
13) The developer retains all
intellectual property associated with the application, including
without limitation, copyrights, trademarks, service marks, trade names,
trade dress, trade secrets and the like. The license granted to
the end-user for the Licensed Application is limited to a non-
transferable license to use the Licensed Application on any Mac
Product(s) that the end-user owns or controls and as permitted by the
Usage Rules set forth in the terms of service applicable to the Mac App
Store. The term “QUICK2257” is a trademark of the
developer. All intellectual property rights are reserved by the
developer.
14) If any provision of these
terms are held invalid for any reason by a court or arbitrator, the
remaining provisions shall be enforced to the fullest extent of the
law.
15) This agreement shall be
interpreted in accordance with the laws of the state of Florida.
16) In the event of any dispute
arising from this agreement, or the use of the application in any
manner, the parties agree to submit their dispute to binding
arbitration in Seminole County, Florida, using the rules of the American
Arbitration Association. The arbitration shall be confidential,
and conducted by an impartial arbitrator with a minimum of 5 years’
experience in the area of e-commerce. The arbitrator shall not be
permitted to certify a class or award consequential, exemplary or
punitive damages.
17) You agree that any damages
that may be awarded as a result of a breach of this agreement or based
on any claim arising from the use of the application shall be limited
to a refund of the purchase price paid for the application.
18) You must agree to all of
the terms set forth herein to download or use the application.
19) Developer Name and Address: Lawrence G. Walters,
Esq., 195 W. Pine Ave., Longwood, FL 32750, Phone: 407.975.9150; email quick2257@firstamendment.com. Support is limited to normal business hours, Eastern Time.
20) You represent and warrant that 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) he/she is not listed on any U.S. Government list of prohibited
or restricted parties.
21) 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,
the developer, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
22) Developer and you acknowledge that Developer, not Apple, is
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 or similar legislation.
23) You must comply with applicable third party terms of agreement when using the application.
24) The parties 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.
25) In the event of any conflict between this EULA and the Minimum
Terms imposed by the Mac App Store ("Usage Rules"), the Usage Rules
prevail.