Last updated: Aug 08, 2020
This Mobile App End User License Agreement (the “EULA”) is a binding legal agreement between you, as an individual or entity, and Thanh Nguyen. By downloading, installing, starting or in any way using this application (including all content, materials and information therein) for Android, iOS or any other mobile platform, as applicable (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, then do not use the Software.
You agree that installation or any use of the Software signifies that you have read, understood, and agree to be bound by the EULA and the Terms and Conditions for Use of the Site, and where the licensee is an entity and not an individual, you have the legal authority to accept and agree to this EULA on behalf of such entity.
- Parties. This EULA is between you and Thanh Nguyen only, and not Apple, Inc. (“Apple“). Thanh Nguyen, not Apple, is solely responsible for the Thanh Nguyen iOS Apps and their content. Although Apple is not a party to this EULA, Apple has the right to enforce this Mobile Addendum against you as a third party beneficiary relating to your use of the Thanh Nguyen iOS Apps.
- Application Store Rules. You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the Software (for example, the Apple App Store). If you download and use the iOS version of the Software, you, the end-user of the Software, acknowledge that this EULA is entered into by and between Thanh Nguyen and you and not with Apple Inc. Notwithstanding the foregoing, you acknowledge that Apple Inc. and its subsidiaries are third party beneficiaries of this EULA and that Apple Inc. has the right (and is deemed to have accepted the right) to enforce this EULA. You acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions. This EULA incorporates by reference the Licensed Application End User License Agreement (“LAEULA”) published by Apple Inc. For purposes of this EULA, the Software is considered the “Licensed Application” as defined in the LAEULA and Thanh Nguyen is considered the “Application Provider” as defined in the LAEULA. If any terms of this EULA conflict with the terms of the LAEULA, the terms of this EULA will control. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to the Software (including a third party claim that the Software infringes that third party’s intellectual property rights) or your use or possession of the Software, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. For other mobile operating systems, additional terms may apply to your downloading, installation and use of the Software, as set out in your agreement with the app store or other download facility that you use.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on the Software;
- Use the Software for any purpose other than as described herein;
- Copy or reproduce the Software except as described in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or Remove or alter any proprietary notices or marks on the Software.
- Warranty. Thanh Nguyen DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. Thanh Nguyen EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS SO THEY MAY NOT APPLY TO YOU.
- Third Party Intellectual Property Claims. Thanh Nguyen shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Thanh Nguyen iOS Apps. To the extent Thanh Nguyen is required to provide indemnification by applicable law, Thanh Nguyen, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Thanh Nguyen iOS Apps or your use of it infringes any third party intellectual property right.
- Product Claims. Thanh Nguyen does not make any warranties concerning the Thanh Nguyen iOS Apps. To the extent you have any claim arising from or relating to your use of the Thanh Nguyen iOS Apps, Thanh Nguyen, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Thanh Nguyen iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this EULA shall be deemed an admission that you may have such claims.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Thanh Nguyen SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Thanh Nguyen HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL Thanh Nguyen’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO Thanh Nguyen FOR THE SOFTWARE. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- U.S. 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.
- Right to Terminate or Modify Software or EULA. Thanh Nguyen may modify the Software and this EULA with notice by publishing notice on Thanh Nguyen’s website, including but not limited to charging fees for the Software, changing the functionality or appearance of the Software, or changing the license scope or other terms of the EULA. In the event Thanh Nguyen modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Thanh Nguyen may terminate your use of the Software, the EULA or the Thanh Nguyen Service at any time, with or without notice.
- Contact Information. Should you have any questions, complaints, or claims relating to the Thanh Nguyen iOS Apps, please contact us at email@example.com