EULA
End User License Agreement
Executable is licensed to you (end-user) by Hyperlink Labs, LLC, located and registered at 1035 Palmetto Ave, Atlanta, Georgia 30309, United States("licensor"), for use only under the terms of this license agreement.
By downloading the licensed application from Apple's software distribution platform ("App Store"), and any update thereto (as permitted by this license agreement), you indicate that you agree to be bound by all of the terms and conditions of this license agreement, and that you accept this license agreement. App store is referred to in this license agreement as "services. "the parties of this license agreement acknowledge that the services are not a party to thislicense agreement and are not bound by any provisions or obligations with regard to thelicensed application, such as warranty, liability, maintenance and support thereof. Hyperlinklabs, llc, not the services, is solely responsible for the licensed application and the contentthereof.This license agreement may not provide for usage rules for the licensed application that are inconflict with the latest apple media services terms and conditions ("usage rules"). Hyperlinklabs, llc acknowledges that it had the opportunity to review the usage rules and this licenseagreement is not conflicting with them.Executable when purchased or downloaded through the services, is licensed to you for useonly under the terms of this license agreement. The licensor reserves all rights not expresslygranted to you. Executable is to be used on devices that operate with apple's operating systems("ios" and "mac os").
1. The Application
Executable ("Licensed Application") is a piece of software created to enable users to create mobile apps from their mobile devices, specifically customized for iOS mobile devices ("Devices"). It is used to develop mobile apps. The Licensed Application is not tailored to comply with industry-specific regulations such as Health Insurance Portability and Accountability Act (HIPAA) or Federal Information Security Management Act (FISMA). If your interactions would be subjected to such laws, you may not use this Licensed Application. Additionally, you may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Scope of License
1) You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules. This license allows the Licensed Application to be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2) This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application unless a separate license is provided for such update.
Executable may also share Personal Information with its third-party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other service we use to operate the Service and maintain a high-quality user experience. We do not permit our service providers to use the Personal Information we share for their marketing purposes.
3) You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules and with Hyperlink Labs, LLC's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.
4) You may not reverse engineer, translate, disassemble, integrate, decompile, modify, create derivative works, or attempt to derive the source code of the Licensed Application without Hyperlink Labs, LLC's prior written consent.
5) You may create and store copies of the Licensed Application only on devices that You own or control for backup keeping under the terms of this license and the Usage Rules. You may not remove any intellectual property notices. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
6) Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
7) Licensor reserves the right to modify the terms and conditions of licensing.
8) Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. Technical Requirements
1) Licensor attempts to keep the Licensed Application updated to comply with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
2) You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3) Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. Maintenance and Support
1) The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. For support, you can reach the Licensor at the email address listed in the App Store Overview for this Licensed Application.
2) Hyperlink Labs, LLC and the End-User acknowledge that the Services have no obligation to furnish any maintenance and support services with respect to the Licensed Application.
5. Use of Data
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be found at the bottom of the Licensed Application. Licensor may also collect and use technical data and related information about your device, system, and application software for product support, software updates, and other services related to the Licensed Application, as long as it is in a form that does not personally identify you.
6. User-Generated Contributions
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. By creating or making available any Contributions, you represent and warrant that:
- Your Contributions do not infringe the rights of any third party.
- You have the necessary licenses, rights, consents, releases, and permissions to use and authorize the use of your Contributions by the Licensed Application.
- You have consent from any identifiable individual person in your Contributions to use their name or likeness.
- Your Contributions are not false, inaccurate, misleading, or violate any applicable law.
- Your Contributions are not used for unauthorized advertising, promotions, pyramid schemes, or other forms of solicitation.
- Your Contributions do not contain obscene, violent, harassing, or abusive content.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable laws, including those concerning child pornography or promoting violence against a specific person or class of people.
- Your Contributions do not include offensive comments connected to race, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate any provision of this License Agreement or any applicable law or regulation.
7. Contribution License
By posting your Contributions to the Licensed Application or making Contributions accessible through social networking accounts linked to the Licensed Application, you grant the Licensor an unrestricted, non-exclusive, irrevocable, perpetual, worldwide right and license to host, use, reproduce, sell, publish, display, distribute, and prepare derivative works of your Contributions for any purpose, commercial advertising, or otherwise. This license applies to any media format and technology now known or developed in the future. You retain full ownership of your Contributions.
8. Liability
1) Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. In case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. Liability shall be limited to the foreseeable, contractually typical damages.
2) Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are required to make use of backup functions of the Licensed Application to avoid data loss.
8. Liability
1) Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. In case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. Liability shall be limited to the foreseeable, contractually typical damages.
2) Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are required to make use of backup functions of the Licensed Application to avoid data loss.
8. Liability
1) Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. In case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. Liability shall be limited to the foreseeable, contractually typical damages.
2) Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are required to make use of backup functions of the Licensed Application to avoid data loss.
9. Warranty
1) Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
2) No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately, combined with inappropriate hardware or software, used with inappropriate accessories, or affected by any other reasons outside of Hyperlink Labs, LLC's control.
3) You are required to inspect the Licensed Application immediately after installing it and notify Hyperlink Labs, LLC about any issues discovered within ninety (90) days after discovery.
4) If a defect is confirmed, Hyperlink Labs, LLC reserves the right to remedy the situation either by solving the defect or providing a substitute delivery.
5) If the Licensed Application fails to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. The Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application.
10. Product Claims
Hyperlink Labs, LLC and the End-User acknowledge that Hyperlink Labs, LLC, and not the Services, is responsible for addressing any claims relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including product liability claims, legal or regulatory requirements, and consumer protection or privacy legislation.
11. Legal Compliance
You represent and warrant that You are not located in a country that is subject to a US Government embargo or designated as a "terrorist supporting" country, and that You are not listed on any US Government list of prohibited or restricted parties.
12. Contact Information
For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:
Adeola Ayeni
Atlanta, GA 30309
United States
peta@hyperlink.me
13. Termination
The license is valid until terminated by Hyperlink Labs, LLC or by You. Your rights under this license will terminate automatically and without notice if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application and destroy all copies of the Licensed Application.
14. Third-Part Terms of Agreements and Beneficiary
Hyperlink Labs, LLC will comply with applicable third-party terms of agreement when using the Licensed Application. Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement, and Apple will have the right to enforce this End User License Agreement against You as a third-party beneficiary.
15. Intellectual Property Rights
Hyperlink Labs, LLC and the End-User acknowledge that Hyperlink Labs, LLC will be solely responsible for any third-party claim related to the Licensed Application's infringement of intellectual property rights.
16. Applicable Law
This License Agreement is governed by the laws of the State of Georgia, excluding its conflicts of law rules.
17. Miscellaneous
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Collateral agreements, changes, and amendments are only valid if laid down in writing.