This LessonKeeper App End User License Addendum ("EULA") is between you and John Nastos (individual proprietor -- creator of LessonKeeper) ("LessonKeeper") and governs your use of LessonKeeper for iOS/macOS.
1. Acknowledgement: This agreement is between You and LessonKeeper only, and not with Apple. LessonKeeper, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Limited License: LessonKeeper grants you a limited, non-exclusive, non-transferrable, revocable license to use the LessonKeeper Apps for your personal or commercial purposes. You may only use the LessonKeeper Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
3. Maintenance and Support: LessonKeeper will attempt to respond to support emails and requests in a timely fashion to resolve issues. However, a resolution of the issue is not guaranteed. To the extent that any maintenance or support is required by applicable law, LessonKeeper, not Apple, shall be obligated to furnish any such maintenance or support. This clause refers only to LessonKeeper itself and not the surrounding Apple software, including issues with iTunes, the App Store, iOS, macOS, etc.
4. Warranty: The LessonKeeper apps are sold on an "as is" basis. As such, LessonKeeper disclaims all warranties about the LessonKeeper Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, LessonKeeper, not Apple, shall be solely responsible for such warranty.
5. Product Claims: LessonKeeper does not make any warranties concerning the LessonKeeper Apps. To the extent you have any claim arising from or relating to your use of the LessonKeeper Apps, LessonKeeper, 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 LessonKeeper 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.
6. 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.
7. Third Party Intellectual Property Claims: LessonKeeper shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the LessonKeeper Apps. To the extent LessonKeeper is required to provide indemnification by applicable law, LessonKeeper, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the LessonKeeper Apps or your use of it infringes any third party intellectual property right.
8. Third Party Terms Agreement: You must comply with applicable third party terms of agreement when using LessonKeeper (eg. your wireless service agreement). Your right to use this application will terminate immediately if you violate any provision of this EULA.
9. Third Party Beneficiary: You and LessonKeeper 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 the End-User as a third party beneficiary thereof.
Refer to the LessonKeeper privacy policy for addtional information regarding privacy and the use of your data.
Developer name and address:
John Nastos
1831 NE 60th Ave, Portland, OR 97213
Questions and comments should be directed to: info@lessonkeeperapp.com