This Metronomics App End User License Addendum ("EULA") is between you and John Nastos (individual proprietor -- creator of Metronomics) ("Metronomics") and governs your use of Metronomics for iOS/macOS.
1. Acknowledgement: This agreement is between You and Metronomics only, and not with Apple. Metronomics, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Limited License: Metronomics grants you a limited, non-exclusive, non-transferrable, revocable license to use the Metronomics Apps for your personal or commercial purposes. You may only use the Metronomics 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: Metronomics 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, Metronomics, not Apple, shall be obligated to furnish any such maintenance or support. This clause refers only to Metronomics itself and not the surrounding Apple software, including issues with iTunes, the App Store, iOS, macOS, etc.
4. Warranty: The Metronomics apps are sold on an "as is" basis. As such, Metronomics disclaims all warranties about the Metronomics Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Metronomics, not Apple, shall be solely responsible for such warranty.
5. Product Claims: Metronomics does not make any warranties concerning the Metronomics Apps. To the extent you have any claim arising from or relating to your use of the Metronomics Apps, Metronomics, 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 Metronomics 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: Metronomics shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Metronomics Apps. To the extent Metronomics is required to provide indemnification by applicable law, Metronomics, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Metronomics 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 Metronomics (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 Metronomics 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.
Developer name and address:
John Nastos
1831 NE 60th Ave, Portland, OR 97213
Questions and comments should be directed to: info@metronomicsapp.com