You need to acknowledge that the EULA (End-User License Agreement) is concluded between you and us only, not with Apple. We are solely responsible for providing any maintenance and support services and contents with respect to the licensed application. Apps made available through the App Store are licensed, not sold, to you. Once license was provided, the license is granted by Apple and us. We reserve all rights in and to our app not expressly granted to you under this terms.
We grant to you a nontransferable license to use our app, Tuner & Metronome that you own and control. This terms will govern any content, materials, or services accessible from or purchased within our app as well as upgrades provided by us that replace or supplement our original app. You may not distruibute 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 can restore the license if you change or format the device. Length of purchased licence is 1 year and will automatically renew every 1 year unless auto-renew is turned off at least 24 hours before the end of the current period. You can cancel anytime at Account Settings after purchase.
You agree that we may collect and use technical data and related information - including but not limited to technical information about your device, system and application software, and peripherals - that is gathered periodically to facilliate the provision of software updates, produce support, and other services to you. We may use this information, as long as it is in a form that does not personally identify you, to improve our app and to provide far better services or technologies to you.
We are solely responsible for our product warranties, whether express or implied by law, to the extent not effectively disclaimed. You may notify Apple in the event of any failure of the licensed application to conform to any applicable warranty, and Apple will refund the purchase price for the licensed application to you; and that, to the maximum extent permitted by applicable law. Apple will have 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 our sole responsibility.
We, not Apple, are responsible for addressing any claims of your relating to the licensed application or possession and/or use of our app.
You must acknowledge that, in the event of any third party claim that the licensed application or your possession and use of the application infringes that third party's intellectual property rights, We will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement.
You must represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third party terms of agreement when using our app. You must ackowledge and agree that Apple, and Apple's subsidiaries, and third part beneficiaries of EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and wil be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You may not use or otherwise export or re-export the licensed application except as authorized by United States law and the laws of the jurisdiction in which the licensed application was obtained. By using the licensed application, you represent and warrant that you are not located on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
If you have any questions, complaints or claims with respect to our app. Please contact:
Sung Ho Lee ([email protected])
104-1004 Gyeonginro 661, Guro-gu Seoul, Republic of Korea
This document was last updated on July, 25 2018