Linedata C-APPS SALES APPLICATION - END USER LICENSE AGREEMENT (“EULA”)
By downloading and using the Linedata C-APPS Sales Application (the “App”), you accept that your use of the App is subject to the terms and conditions of the Master Software License and Support Agreement entered into between you and Linedata (the “MSA”), as supplemented by the following terms and conditions:
- Acknowledgement: You acknowledge that this EULA is entered into between you and Linedata only, and not with Apple. You further acknowledge that Linedata, not Apple, is solely responsible for the App and the content thereof.
- Scope of License: The license terms governing the use of the App are contained in the MSA and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: Linedata shall be solely responsible for providing any maintenance and support services with respect to the App, as specified in the MSA. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: Linedata shall be solely responsible for any express warranties, as specified in the MSA. If a fee is required by Apple to download the App, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will provide you with a fee refund. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Linedata’s sole responsibility.
- Product Claims: You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Linedata, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, pursuant to the terms and conditions of the MSA.
- Legal Compliance: You must 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.
- Contact details: Linedata L&C Inc, General Counsel, 1111 3rd avenue suite 950, Seattle, WA 98101 Tel: 1 800 298 8486 Email: support@capitalstream.com
- Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App e.g., internet service provider.
- Third Party Beneficiary: You and Linedata acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.
- Governing Law. This EULA shall be governed by and interpreted in accordance with the internal laws of the State of Delaware, and, where such laws are preempted by the laws of the United States, by the internal laws of the United States, in each case without regard to (a) conflicts of laws principles, and (b) the applicability, if any, of the United Nations Convention on Contracts for the International Sale of Goods.
Date: 30/01/2019