End User License Agreement
This End User License Agreement (the "EULA") is a binding agreement between you and FaceUp Studio governing your right to use the FaceUp Studio application (the "Licensed Application"). Where you obtained the Licensed Application from the Apple App Store, the Apple-Standard EULA also applies and is incorporated by reference.
1. Acknowledgement
You and FaceUp Studio acknowledge that this EULA is concluded between you and FaceUp Studio only, and not with Apple Inc. ("Apple"). FaceUp Studio, not Apple, is solely responsible for the Licensed Application and its content. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.
2. Scope of license
FaceUp Studio grants you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by FaceUp Studio that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application.
3. Maintenance and support
FaceUp Studio is solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this EULA, the documentation, or as required under applicable law. Apple has no obligation to provide any maintenance and support services for the Licensed Application.
4. Warranty
FaceUp Studio 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 has 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 FaceUp Studio's sole responsibility.
5. Product claims
You and FaceUp Studio acknowledge that FaceUp Studio, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, 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.
6. Intellectual property rights
You and FaceUp Studio acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, FaceUp Studio, not Apple, will be solely responsible for the investigation, defence, 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. Developer name and address
Any questions, complaints, or claims with respect to the Licensed Application should be directed to:
- FaceUp Studio
- Email: support@faceup.studio
9. Third-party terms of agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application.
10. Third-party beneficiary
You and FaceUp Studio 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.
Apple-Standard EULA reference
The Apple-Standard End User License Agreement, which applies to applications obtained through the App Store, is available at: apple.com/legal/internet-services/itunes/dev/stdeula. Where this EULA and the Apple-Standard EULA differ, the more specific FaceUp Studio terms apply, except where the Apple-Standard EULA is required to be controlling under Apple's developer agreements.