PAIRSHARE APPLICATION END USER LICENSE AGREEMENT
IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BUTTON AND YOU MAY NOT USE THE APPLICATION TO WHICH TO THIS AGREEMENT APPLIES. YOU FURTHER AGREE AS FOLLOWS:
1.1. The PairShare software application is licensed, not sold, to You by PairShare, LLC ("PairShare", "us", "we") for use strictly in accordance with the terms and conditions of this Agreement and the applicable usage rules established by any third party mobile service provider or the third party from whom You are downloading this Application that relates to Your Mobile Device ("Usage Rules"), which are incorporated herein by reference. When we refer to the “Application” we are referring to: (i) the PairShare software application for Your Mobile Device, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection (i). When we refer to “Your Mobile Device” we are referring to a single mobile telephone or handheld device controlled by You.
1.2. By using the Application You are representing that You are of legal age (18 years and over) and of legal competence to enter into a binding agreement with PairShare and are not otherwise prohibited from using or receiving the Application pursuant to any applicable Usage Rules and/or the laws of the local or national jurisdiction from which You are accessing or using the Application. If You are not able to make the representations in the preceding sentence, You are prohibited from accepting this Agreement and using the Application, however, any unauthorized use of the Application by You shall be subject to this Agreement until Your unauthorized usage terminates. By using the Application on behalf of any third party You are representing to us that You are an authorized representative of that third party and that Your use of the Application represents their acceptance of the Agreement.
1.3. Certain Usage Rules are described in Section 11.12 of this Agreement, however it is Your responsibility to determine what Usage Rules apply to Your use of the Application, as they may be applicable to You depending on (i) Your Mobile Device; (ii) the method by which You downloaded the Application; (iii) the third party from whom You downloaded the Application; and (iv) the jurisdiction in which You live or reside.
1.4. We recommend that You retain a copy of this Agreement and the applicable Usage Rules in either electronic or tangible format for Your subsequent reference. You can access a Web-based version of this Agreement by visiting PairShare.com/eula.htm.
2. LICENSE: GRANT OF RIGHTS. Provided that You are not in breach of this Agreement, PairShare grants to You a limited, personal, non-commercial, revocable, non-exclusive, non-transferrable, limited right and license (without a right to sublicense) to install and use the Application on Your Mobile Device, solely so long as Your use is strictly in accordance with all of the terms and conditions of this Agreement and the applicable Usage Rules.
3. LIMITATIONS ON LICENSE.
3.1. You agree that You shall not, and shall not cause or permit others, to: (i) decompile, reverse engineer, disassemble, hack, attempt to derive the source code of, or decrypt the Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (iii) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of PairShare or its affiliates, partners, suppliers or each of their respective licensors or otherwise obscure or modify the any manner in which the notices are displayed by means of the Application; (v) install, use or permit the Application to exist on more than one of Your Mobile Device(s) at a time or on any other mobile device or computer, other than by means of Your separate downloads of the Application, each of which are subject to a separate licenses (this restriction however does not limit Your right to reinstall the Application on Your Mobile Device for which it was originally downloaded); (vi) make the Application or Your Mobile Device available over a network or other environment permitting access or use by multiple third party mobile devices or users at the same time; (vii) use the Application to attempt to interfere with the proper functioning and display of the proper operation and usage of the Application by any other authorized users and third parties; or (viii) use any proprietary information or other third party intellectual property for any reason, unless You have first obtained such third party’s express written consent.
You agree you shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or any part thereof without PairShare’s prior written consent.
3.2. You acknowledge that You may elect to use or to not use the Application, in Your sole discretion. You agree that You will not use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended. By using the Application, You agree that You will not copy, reproduce, perform publicly, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any materials that are not wholly owned or otherwise controlled by You. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION FOR OTHER THAN PERSONAL, NON COMMERCIAL PURPOSES AND OTHER THAN AS EXPRESSLY PERMITTED IN THIS AGREEMENT IS IN VIOLATION OF THIS AGREEMENT AND MAY BE IN VIOLATION OF INTERNATIONAL TREATIES, FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES OR OTHER LIABILITIES UNDER APPLICABLE LAWS.
3.3. You acknowledge that You are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify PairShare of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release PairShare from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
3.4 PairShare, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application. You acknowledge and agree that PairShare has no obligation to make available to You any subsequent versions of the Application. You also agree that You may be required to enter into a renewed version of this Agreement if You want to download, install or use a new version of the Application.
4. INTELLECTUAL PROPERTY NOTICE. You acknowledge and agree that as between You and PairShare, (i) the Application, and any related material, (including the design, graphics, information, software, and other elements contained therein or related thereto), (ii) the algorithms, source and object code of the Application, (iii) the PairShare company names, logos, and all related product names, design marks and slogans, and (iv) any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights associated therewith (collectively, the "Intellectual Property,"), are the sole property of PairShare, its, affiliates, licensors, suppliers or other third parties. Except as expressly and unambiguously provided herein, You do not possess, and PairShare does not grant to You, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by PairShare, its affiliates and/or any third party owner of such rights. You acknowledge and agree that You, and not PairShare or any third party mobile device platform or service provider, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, or any other harm or damages resulting from Your use of or access to the Application and any related materials.
You will not take any action to jeopardize, limit or interfere with the Intellectual Property rights. You acknowledge and agree that any unauthorized use of the Intellectual Property rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws.
5. EXPORT CONTROL AND LEGAL COMPLIANCE. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that You will not use the Services for any purposes prohibited by United States law.
6. WARRANTY DISCLAIMER. Any use of the Application and any use of the Internet generally shall be at Your sole risk. PairShare disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, licensure of any third party content that You may elect to use, or operability or availability of information.
THE APPLICATION IS PROVIDED STICTLYON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PAIRSHARE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE APPLICATION. PAIRSHARE DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APPLICATION, OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. PAIRSHARE DOES NOT WARRANT THAT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
PAIRSHARE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY, THROUGH, OR IN CONNECTION WITH THE APPLICATION; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE APPLICATION.
NO ADVICE OR INFORMATION PROVIDED BY PAIRSHARE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.
NONE OF PAIRSHARE, ITS AFFILIATES, OR ANY ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE APPLICATION OR ANY THIRD PARTY PROVIDER CONTENT OR SERVICES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, ADVERTISEMENT, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE APPLICATION (INCLUDING WITHOUT LIMITATION, THOSE ACCESSED USING THIRD PARTY PROVIDER CONTENT OR SERVICES), (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL IN CONNECTION WITH ANY APPLICATION, OR (4) THE INTERNET GENERALLY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
THE APPLICATION SHOULD NOT BE USED OR RELIED ON IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR IN WHICH THE FAILURE OR INACCURACY OF THE APPLICATION COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
NEITHER PAIRSHARE, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT THE MOBILE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT THE DAMAGE TO YOUR MOBILE DEVICE, LOSS OF THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT PAIRSHARE AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL PAIRSHARE OR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE OF, MISUSE OF OR RELIANCE ON THE APPLICATION FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF PAIRSHARE OR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE APPLICATION, (2) THE MATERIAL OR THE INTERNET GENERALLY, (3) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY APPLICATION OR ANY THIRD PARTY PROVIDER CONTENT OR SERVICES, OR (4) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ACCESSED USING THE APPLICATION. NEITHER PAIRSHARE, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM OR SERVICE PROVIDERS, ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS OR OTHER MATERIAL ACCESSIBLE FROM THE APPLICATION.
YOU, AS THE USER OF THE APPLICATION, ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAIRSHARE'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF TWENTY DOLLARS ($20.00).
You agree to indemnify and hold PairShare and, as applicable, our parent(s), subsidiaries, affiliates, partners, officers, directors, agents and employees, licensors, suppliers harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of: (i) Your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of Your agreement with PairShare on the basis of this Agreement); (ii) Your violation of any law, or Your violation of the rights of a third party, including the infringement by You of any intellectual property or other right of any person or entity; (iii) Your use of any third party provider content and services including, without limitation, (a) any information, software or other material viewed or accessed by You through any third party provider content and services (including without limitation, any advertisement or coupon for products or services using any third party provider content and services), (b) any transactions initiated or conducted by You through any third party provider content and services (including, without limitation, any taxes associated therewith and any use by third parties of Your credit card information), (c) any products or services that You bid on, purchase or otherwise obtain through any third party provider content and services (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (d) any reservations You make through any third party content and service, and (e) the conduct of sellers of any products or services that You bid on, purchase or otherwise obtain through any third party provider content and service).
The foregoing indemnity obligations will survive any termination of this Agreement.
PairShare reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, which will not excuse Your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without the express consent and approval of PairShare.
9. TERMINATION. PairShare may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by PairShare. Upon the termination of this Agreement, You (i) acknowledge and agree that all rights and licenses to use the Application shall terminate; (ii) shall cease all use of and uninstall the Application from Your Mobile Device; and (iii) shall remove the Application from all mobile devices, hard drives, networks, and other storage media in Your possession or under Your control. PairShare reserves the right to terminate or disable all or any portion of the Application via an update of the Application.
10. REMEDIES AVAILABLE TO US. PairShare reserves the right to seek any and all remedies available at law or in equity in connection with Your violation of this Agreement.
11. THIRD PARTY BENEFICIARY. You acknowledge that this Agreement is between You and PairShare. Except as provided in this Section 9, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Notwithstanding the foregoing, You acknowledge and agree that each of PairShare’s associated mobile device platform and service providers are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, such associated mobile device platform and service providers will have the right to enforce this Agreement against You in its capacity as a third party beneficiary to this Agreement.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by You and PairShare. Our failure to enforce our rights and remedies available to us with respect Your breach of this Agreement shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of this Agreement.
13.1 ASSIGNMENT. You may not assign this Agreement or otherwise transfer this Agreement, in whole or in part; any attempt to do so shall be void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
13.2 SEVERANCE. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement will continue in effect and remain fully enforceable.
13.3 LIMITED TIME TO BRING CLAIM. You acknowledge and agree that that it is the intent of both You and PairShare to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Application must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
13.4 COMPLIANCE WITH LAW. You are responsible for compliance with applicable laws, regulations and ordinances related to Your use of the Application. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which You use and enjoy the Application.
13.5 CHOICE OF LAW, VENUE, DISPUTE RESOLUTION. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and You agree to submit to personal jurisdiction in San Francisco County, California. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction. Some jurisdictions do not allow governing law provisions, so certain of the foregoing governing law provisions may not apply to You.
You agree to exclude, in its entirety, the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of Your state of resident in the United States, or, if You reside outside the United States, under the laws of the country in which the subject Application is directed.
Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Some jurisdictions do not allow arbitration provisions, so certain of the foregoing arbitration provisions may not apply to You.
13.6 RELATIONSHIP OF THE PARTIES. You agree that You and PairShare are not partners or joint venturers and that this Agreement does not create any fiduciary duty or comparable relationship of trust between the parties, and that neither party can obligate or bind the other party in any way.
13.7 NOTICES AND CONTACT INFORMATION. In all communications with PairShare, You should specify Your name and account information. Any legal notices required to be given under this Agreement shall be given in writing and shall be delivered to the following address:
3856 Willowview Court
Santa Rosa, Ca 95403
Legal notice to us shall be effective when directed to our Legal Department and received at our address.
13.8 ENTIRE AGREEMENT. Except as expressly stated herein, this Agreement constitutes the entire agreement between You and PairShare with respect to Your use of the Application, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between You and PairShare with respect to Your use of the Application and/or the subject matter of this Agreement.
13.9 HEADINGS. The headings in this Agreement are for convenience only and have no legal or contractual effect.
13.10 SURVIVAL. The provisions of this Agreement relating to Intellectual Property ownership, restrictions on use, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.
13.11 USAGE RULES, ADDITIONAL OBLIGATIONS/RIGHTS RELATED TO YOUR MOBILE DEVICE.
Without limitation, Your use of the Application with any Apple® device, including iPhone®, iPod touch® and iPad™ mobile digital device, is subject to all of the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, which may be updated by Apple Inc. in its sole discretion from time to time, the applicable provisions of which are incorporated herein by this reference. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to You the purchase price for the Application, if any; and, to the maximum extent permitted by applicable law. Apple Inc. will have no other warranty obligation whatsoever to You with respect to the Application. Apple, Inc. has no obligation, whatsoever, to furnish any maintenance or support with respect to the Application. Apple Inc. is not liable for any claims by You or any third party relating to the Application, or to Your possession or Your use of the Application, including, but not limited to, (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.