By downloading the Licensed Application from Apple's software
distribution platform ( "App Store" )
and
Google's software distribution platform ( "Play Store" ) , and any update thereto (as
permitted by this License Agreement), You indicate that
You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept
this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the
Services are not a Party to this License Agreement and are not bound by
any provisions or obligations with regard to the Licensed Application, such as
warranty, liability, maintenance and support thereof. Full
Cycle Tech (Pty) Ltd , not the Services, is solely responsible for
the Licensed Application and the content thereof.
TABLE OF CONTENTS
The Licensed Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this Licensed
Application. You may not use the Licensed Application in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2
.
2
This
license
will
also
govern
any
updates
of
the
Licensed
Application
provided
by
Licensor
that
replace,
repair,
and/or
supplement
the
first
Licensed
Application,
unless
a
separate
license
is
provided
for
such
update,
in
which
case
the
terms
of
that
new
license
will
govern.
2
.
3
You may
not
share or
make the
Licensed
Application
available
to third
parties
(unless
to the
degree
allowed
by the
Usage
Rules,
and with
Full
Cycle
Tech
(Pty)
Ltd
's
prior
written
consent),
sell,
rent,
lend,
lease or
otherwise
redistribute
the
Licensed
Application.
2
.
4
You
may
not
reverse
engineer,
translate,
disassemble,
integrate,
decompile,
remove,
modify,
combine,
create
derivative
works
or
updates
of,
adapt,
or
attempt
to
derive
the
source
code
of
the
Licensed
Application,
or
any
part
thereof
(except
with
Full
Cycle
Tech
(Pty)
Ltd
's
prior
written
consent).
2
.
5
You
may
not
copy
(excluding
when
expressly
authorized
by
this
license
and
the
Usage
Rules)
or
alter
the
Licensed
Application
or
portions
thereof.
You
may
create
and
store
copies
only
on
devices
that
You
own
or
control
for
backup
keeping
under
the
terms
of
this
license
,
the
Usage
Rules,
and
any
other
terms
and
conditions
that
apply
to
the
device
or
software
used.
You
may
not
remove
any
intellectual
property
notices.
You
acknowledge
that
no
unauthorized
third
parties
may
gain
access
to
these
copies
at
any
time.
If
you
sell
your
Devices
to
a
third
party,
you
must
remove
the
Licensed
Application
from
the
Devices
before
doing
so.
2
.
6
Violations
of
the
obligations
mentioned
above,
as
well
as
the
attempt
of
such
infringement,
may
be
subject
to
prosecution
and
damages.
2
.
7
Licensor
reserves
the
right
to
modify
the
terms
and
conditions
of
licensing.
2
.
8
Nothing
in
this
license
should
be
interpreted
to
restrict
third-party
terms.
When
using
the
Licensed
Application,
You
must
ensure
that
You
comply
with
applicable
third-party
terms
and
conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and support
services for this Licensed Application. You can reach the Licensor at the email
address listed in the App Store
or
Play Store Overview for this Licensed
Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically
collect and use technical data and related information about your device,
system, and application software, and peripherals, offer product support,
facilitate the software updates, and for purposes of providing other services to
you (if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies to
you, as long as it is in a form that does not personally identify
you.
6. USER-GENERATED CONTRIBUTIONS
1. The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You are
the creator and owner of or have the necessary
licenses , rights, consents,
releases, and permissions to use and to
authorize us, the Licensed
Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this
License Agreement.
3. You have
the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and
every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Licensed Application and this
License Agreement.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or
unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous , slanderous, or otherwise
objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any third
party.
11. Your
Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
13. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable
law or regulation.
Any use of the Licensed Application in violation of the
foregoing violates this License Agreement and may result in,
among other things, termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Licensed Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed Application to any of your
social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store, cache,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial advertising, or otherwise, and to prepare
derivative works of, or incorporate in other works, such as Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media,
or technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place
them in more appropriate locations in the Licensed Application; and (3) to
prescreen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8. LIABILITY
9. WARRANTY
(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 Your Licensed
Application’s use of the HealthKit and HomeKit
.
11. LEGAL COMPLIANCE
You
represent and warrant that You are not located in a country that
is subject to a US Government embargo, or that has been
designated by the US Government as a "terrorist supporting" country; and
that You are not listed on any US Government list of prohibited
or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
13. TERMINATION
The license is valid until
terminated by Full Cycle Tech (Pty) Ltd or
by You. Your rights under this
license will terminate
automatically and without notice from Full Cycle
Tech (Pty) Ltd if You fail to adhere to any term(s) of
this license . Upon License termination, You shall
stop all use of the Licensed Application, and destroy all copies, full
or partial, of the Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User
License Agreement,"
both Apple and Google and their
subsidiaries shall be third-party beneficiaries of this End User License
Agreement and — upon Your acceptance of the terms and conditions of this License
Agreement, both Apple and Google
will have the right (and will be deemed to have accepted the right) to enforce this End
User License
Agreement against You as a third-party beneficiary thereof.
This License Agreement is governed by the laws of
South Africa
excluding its conflicts of law rules.