LICENSED APPLICATION END USER LICENSE AGREEMENT
Acknowledgement: Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of this Custom End User License Agreement ("Custom EULA"). Your license to any App under this Custom EULA is granted by Peekaboo Studios (the "Application Provider"). Any App that is subject to this Custom EULA is referred to herein as the "Licensed Application." The Application Provider reserves all rights in and to the Licensed Application not expressly granted to you under this Custom EULA. The Application Provider is solely responsible for the Licensed Application and the content thereof.
Scope of license: The license granted to you 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 App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support: The Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Custom EULA, or as required under applicable law. Your acceptance of this Custom EULA acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty: The Application Provider 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; 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 will be the sole responsibility of the Application Provider.
Product Claims: Your acceptance of this Custom EULA acknowledges that the Application Provider, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the 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 any Licensed Application’s use of the HealthKit and HomeKit frameworks. The Application Provider’s liability is not limited beyond what is permitted by applicable law.
Intellectual Property Rights: Your acceptance of this Custom EULA acknowledges 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, the Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: Your acceptance of this Custom EULA represents and warrants 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.
Developer Name and Address: The Application Provider can be contacted with any questions, complaints, or claims with respect to the Licensed Application at Peekaboo Studios LLC, PO Box 1761, Westerville, Ohio, 43086. 614-212-4688.
Third Party Terms of Agreement: Your acceptance of this Custom EULA acknowledges that you must comply with applicable third party terms of agreement when using the Licensed Application.
Third Party Beneficiary: Your acceptance of this Custom EULA acknowledges, and you agree, that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA in accordance with your acceptance of the terms and conditions as a third party beneficiary thereof.