2.1 You are given a
non-transferable, non-exclusive,
non-sublicensable license to install and
use the Licensed Application on any
Apple-branded Products that You (End-User)
own or control and as permitted by the
Usage Rules set forth in this section and
the App Store Terms of Service, with the
exception that such licensed Application
may be accessed and used by other accounts
associated with You (End-User, The
Purchaser) via Family Sharing or volume
purchasing.
2.2 This license will also govern any
updates of the Application provided by
Licensor that replace, repair, and/or
supplement the first Application, unless a
separate license is provided for such
update in which case the terms of that new
license will govern.
2.3 You may not share or make the
Application available to third parties
(unless to the degree allowed by the Apple
Terms and Conditions, and with
Big Developers Ltd's prior written consent), sell, rent,
lend, lease or otherwise redistribute the
Application.
2.4 You may not reverse engineer,
translate, disassemble, integrate,
decompile, integrate, remove, modify,
combine, create derivative works or
updates of, adapt, or attempt to derive
the source code of the Application, or any
part thereof (except with
Big Developers Ltd's prior written consent).
2.5 You may not copy (excluding when
expressly authorized by this license and
the Usage Rules) or alter the Application
or portions thereof. You may create and
store copies only on devices that You own
or control for backup keeping under the
terms of this license, the App Store Terms
of Service, and any other terms and
conditions that apply to the device or
software used. You may not remove any
intellectual property notices. You
acknowledge that no unauthorized third
parties may gain access to these copies at
any time.
2.6 Violations of the obligations
mentioned above, as well as the attempt of
such infringement, may be subject to
prosecution and damages.
2.7 Licensor reserves the right to
modify the terms and conditions of
licensing.
2.8 Nothing in this license should be
interpreted to restrict third-party terms.
When using the Application, You must
ensure that You comply with applicable
third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a
firmware version
1.0.0 or
higher. Licensor recommends using the latest
version of the firmware.
3.2 Licensor attempts to keep the
Application updated so that it complies
with modified/new versions of the firmware
and new hardware. You are not granted
rights to claim such an update.
3.3 You acknowledge that it is Your
responsibility to confirm and determine
that the app end-user device on which You
intend to use the Application satisfies
the technical specifications
mentioned above.
3.4 Licensor reserves the right to
modify the technical specifications as it
sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Big Developers Ltd
is not obligated, expressed or implied, to
provide any maintenance, technical or
other support for the Application.
4.2 Big Developers Ltd and the End-User acknowledge that
Apple has no obligation whatsoever 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:
https://www.amareapp.com/privacypolicy.
6. USER GENERATED CONTRIBUTIONS
The
Application may invite you to chat,
contribute to, or participate in blogs,
message boards, online forums, and other
functionality, and may provide you with
the opportunity to create, submit, post,
display, transmit, perform, publish,
distribute, or broadcast content and
materials to us or in the Application,
including but not limited to text,
writings, video, audio, photographs,
graphics, comments, suggestions, or
personal information or other material
(collectively, "Contributions").
Contributions may be viewable by other
users of the Application and through
third-party websites or applications. As
such, any Contributions you transmit may
be treated as non-confidential and
non-proprietary. When you create or make
available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of
any third party.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use
and to authorize us, the Application, and other users of the
Application to use your Contributions in any manner
contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission
of each and every identifiable individual person in your
Contributions to use the name or likeness or each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or
publicity rights of any third party.
11. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
12. Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual
preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use,
or any applicable law or regulation.
Any use of the Application in violation of the foregoing
violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the
Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application
or making Contributions accessible to the Application by
linking your account from the Application to any of your
social networking accounts, you automatically grant, and you
represent and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and
voice) for any purpose, commercial advertising, or otherwise,
and to prepare derivative works of, or incorporate in other
works, such as Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media
channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided
by you in any area in the Application. You are solely
responsible for your Contributions to the Application and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations in the Application; and (3) to
pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the
case of violation of obligations and tort
shall be limited to intent and gross
negligence. Only in case of a breach of
essential contractual duties (cardinal
obligations), Licensor shall also be
liable in case of slight negligence. In
any case, liability shall be limited to
the foreseeable, contractually typical
damages. The limitation mentioned above
does not apply to injuries to life, limb,
or health.
8.2 Licensor takes no accountability
or responsibility for any damages caused
due to a breach of duties according to
Section 2 of this Agreement. To avoid data
loss, You are required to make use of
backup functions of the Application to the
extent allowed by applicable third-party
terms and conditions of use. You are aware
that in case of alterations or
manipulations of the Application, You will
not have access to licensed
Application.
9. WARRANTY