END USER LICENSE AGREEMENT (EULA)
This End User License Agreement ("EULA") is a binding legal agreement between you ("End-User" or "you") and Nucurate. This EULA governs your use of Nucurate application (the "Licensed Application").
By downloading, installing, or using the Licensed Application, you acknowledge that you have read and understood this EULA and agree to be bound by its terms.
1. Acknowledgement
You and Nucurate acknowledge that this EULA is concluded between you and Nucurate only, and not with Apple Inc. ("Apple"). Nucurate, not Apple, is solely responsible for the Licensed Application and the content thereof. The terms of this EULA do not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).
2. Scope of License
The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control 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
Nucurate is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You and Nucurate acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty
Nucurate 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, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. 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 Nucurate's sole responsibility.
5. Product Claims
You and Nucurate acknowledge that Nucurate, not Apple, is responsible for addressing any claims of yours or any third party relating to the Licensed Application or your 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. This EULA does not limit Nucurate's liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights
You and Nucurate acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Nucurate, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. 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.
8. Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, you must not be in violation of your wireless data service agreement when using the Licensed Application.
9. Third Party Beneficiary
You and Nucurate 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 this EULA against you as a third-party beneficiary thereof.
10. Governing Law
This EULA is governed by and construed in accordance with the internal laws of the State/Province of [Your State/Province], without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the Licensed Application shall be instituted exclusively in the federal or state/provincial courts located in DE.
11. Developer Name and Address
If you have any questions, complaints, or claims with respect to the Licensed Application, they should be directed to Nucurate at:
Company Name: Nucurate
Email Address: privacy@nucurate.com