User Agreement
END USER LICENSE AGREEMENT
Applepieintimates.com is licensed to You (End-User) by Apple Pie Intimates Mnfct, located and registered at 189 Hampton Green, Staten Island, NY, 10312 ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from , 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. referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License
Agreement and are not bound by any provisions or obligations with
regard to the Licensed Application, such as warranty, liability,
maintenance and support thereof. Apple Pie Intimates, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). Apple Pie Intimates Mnfct acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Applepieintimates.com when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Applepieintimates.com is to be used on devices that operate with.
1. THE APPLICATION
You
acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and
application software, and peripherals, offer product support, facilitate
the software updates, and for purposes of providing other services to
you (if any) related to the Licensed Application. Licensor may also use
this information to improve its products or to provide services or
technologies to you, as long as it is in a form that does not personally
identify you.
Applepieintimates.com ("Licensed Application") is a piece of software created to facilitate garment purchase — and customized for mobile devices ("Devices"). It is used to purchase clothing garments.
The
Licensed Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use
this Licensed Application. You may not use the Licensed Application in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 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, in which case the terms of that new license will govern.
2.2
You may not share or make the Licensed Application available to third
parties (unless to the degree allowed by the Usage Rules, and with Apple Pie Intimates Mnfct prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.3
You may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works or updates
of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with Apple Pie Intimates Mnfct prior written consent).
2.4 You may not copy (excluding when expressly authorized by this license
and the Usage Rules) or alter the Licensed 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 Usage Rules, 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. If you sell
your Devices to a third party, you must remove the Licensed Application
from the Devices before doing so.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 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
3.1
Licensor attempts to keep the Licensed 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.
3.2
You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use the
Licensed Application satisfies the technical specifications mentioned
above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and
support services for this Licensed Application. You can reach the
Licensor at the email address listed in the Overview for this Licensed Application.
4.2 Apple Pie Intimates Mnfct and
the End-User acknowledge that the Services have 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://applepieintimates.com/privacy.
6. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Licensed Application or
making Contributions accessible to the Licensed Application by linking
your account from the Licensed 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 Licensed Application.
You are solely responsible for your Contributions to the Licensed
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 recategorize
any Contributions to place them in more appropriate locations in the
Licensed Application; and (3) to prescreen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
7. 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. WARRANTY
9.1
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.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly
modified, handled inappropriately or culpably, combined or installed
with inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if there
are any other reasons outside of Apple Pie Intimates Mnfct sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Apple Pie Intimates Mnfct about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ten (10) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Apple Pie Intimates Mnfct reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In
the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and
Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the
Licensed Application, and any other losses, claims, damages,
liabilities, expenses, and costs attributable to any negligence to
adhere to any warranty.
9.6 If
the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the
Licensed Application was made available to the user. The statutory
periods of limitation given by law apply for users who are consumers.
Apple Pie Intimates Mnfct and the End-User acknowledge that Apple Pie Intimates Mnfct,
and not the Services, is responsible for addressing any claims of the
End-User or any third party relating to the Licensed Application or the
End-User’s possession and/or use of that Licensed Application,
including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
10. TERMINATION
The license is valid until terminated by Apple Pie Intimates Mnfct or by You. Your rights under this license will terminate automatically and without notice from Apple Pie Intimates Mnfct 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, full or partial, of the Licensed Application.
Apple Pie Intimates Mnfct represents and warrants that Apple Pie Intimates Mnfct will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
Apple Pie Intimates Mnfct and the End-User acknowledge that, in the event of any third-party
claim that the Licensed Application or the End-User's possession and use
of that Licensed Application infringes on the third party's
intellectual property rights, Apple Pie Intimates Mnfct, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
