1. Your Acceptance
1. By using or visiting the Authenticator App 2FA Auth Ltd website or any Authenticator App 2FA Auth Ltd products, softwares, data feeds, and services provided to you on, from, or through the Authenticator App 2FA Auth Ltd website, you signify your agreement to these terms and conditions. If you do not agree to any of these terms please do not use the Service.
2. This Service is provided by Authenticator App 2FA Auth Ltd on an “AS IS” and “AS AVAILABLE” basis and Authenticator App 2FA Auth Ltd reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree to be bound by such modifications. Authenticator App 2FA Auth Ltd is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Service
1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” may include the text, software, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Authenticator App 2FA Auth Ltd, including but not limited to all products, software and services offered via the Authenticator App 2FA Auth Ltd website and mobile devices applications.
2. The Service may contain links to third party websites that are not owned or controlled by Authenticator App 2FA Auth Ltd. Authenticator App 2FA Auth Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Authenticator App 2FA Auth Ltd will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Authenticator App 2FA Auth Ltd from any and all liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
3. Authenticator App 2FA Auth Ltd Accounts
1. In order to access some features of the Service, you will have to create a Authenticator App 2FA Auth Ltd account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Authenticator App 2FA Auth Ltd immediately of any breach of security or unauthorized use of your account.
2. Although Authenticator App 2FA Auth Ltd will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Authenticator App 2FA Auth Ltd or others due to such unauthorized use.
4. Authenticator App 2FA Auth Ltd Premium Accounts
1. Premium Member and Premium Publisher accounts are based on periodic subscription fees which is available for all users. You can refer to our premium package plans for more details on premium accounts subscriptions.
2. The subscriptions fees will be billed according to the respective payment method chosen by the user. Users who use Authenticator App 2FA Auth Ltd credits, their subscription will be automatically renewed provided that they have enough credits in their accounts.
3. You agree to pay for all charges and fees incurred in connection with your username and password for Authenticator App 2FA Auth Ltd Premium Subscription Service. All fees and charges are non-refundable. If you would like to cancel your subscription, switch to another premium service package or if you believe someone has accessed your account without your authorization, please contact us.
4. A premium account is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
5. You are responsible for the content you publish and distribute on Authenticator App 2FA Auth Ltd. You warrant that you own or have necessary licenses, rights, consents and permissions to publish the contents.
6. You agree not to publish and create any premium listings for contents that violate our Terms of Service. Authenticator App 2FA Auth Ltd has the right to remove the listings without any prior notice and fees or charges will not be refunded.
7. You understand that your subscription or access to the contents of the Site will be suspended if you violate the Terms of Service. Suspended accounts will not be restored and fees or charges will not be refunded.
5. General Use of the Service-Permissions and Restrictions
Authenticator App 2FA Auth Ltd hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Service or the Content without Authenticator App 2FA Auth Ltd’s prior written authorization, unless Authenticator App 2FA Auth Ltd makes available the means for such distribution through functionality offered by the Service.
2. You agree not to alter or modify any part of the Service.
3. You agree not to access Content through any technology or means other than the download page of the Service itself or other explicitly authorized means Authenticator App 2FA Auth Ltd may designate.
4. You agree not to use the Service for any of the following commercial uses unless you obtain Authenticator App 2FA Auth Ltd’s prior written approval:
– the sale of access to the Service;
– the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
– the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Authenticator App 2FA Auth Ltd appears on the same page and is of sufficient value to be the basis for such sales.
5. Prohibited commercial uses do not include:
– uploading an original material to Authenticator App 2FA Auth Ltd, or maintaining an original profile on Authenticator App 2FA Auth Ltd, to promote your business or enterprise;
– any use that Authenticator App 2FA Auth Ltd expressly authorizes in writing.
6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Authenticator App 2FA Auth Ltd servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Authenticator App 2FA Auth Ltd grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Authenticator App 2FA Auth Ltd reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
7. You agree not to create posts, publish or distribute contents to Authenticator App 2FA Auth Ltd of any kind that is, within the sole dicretion of Authenticator App 2FA Auth Ltd, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
– Infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secrets, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights. Files/contents should not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Authenticator App 2FA Auth Ltd all of the license rights granted herein;
– Promotes the infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
– Contains improper, incorrect and fake contents in any way that contents are with a different preview and incorrect title;
– Contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
– Is offensive, abusive, threatening, harassing, stalking, promoting violence, racism, harm, hatred or bigotry against any group or individual;
– Is libellous, defamatory or promotes information that you know is false or illegal;
– Violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;
– Solicits information from anyone under the age of 18;
– Is pornographic, sexually explicit or contains nudity;
– Is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
– Is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling).
8. In your use of the Service, you will comply with all applicable laws.
9. Authenticator App 2FA Auth Ltd reserves the right to discontinue any aspect of the Service at any time.
6. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
1. All brand, product and service names used in this Service which identify Authenticator App 2FA Auth Ltd or third parties and their products and services are proprietary marks of Authenticator App 2FA Auth Ltd and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Authenticator App 2FA Auth Ltd or any third party with respect to any such image, logo or name.
2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Authenticator App 2FA Auth Ltd on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Authenticator App 2FA Auth Ltd or the respective licensors of the Content. Authenticator App 2FA Auth Ltd and its licensors reserve all rights not expressly granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Authenticator App 2FA Auth Ltd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Authenticator App 2FA Auth Ltd with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Authenticator App 2FA Auth Ltd, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7. Your Content and Conduct
1. As a Authenticator App 2FA Auth Ltd account holder you may submit Content to the Service (wallpapers, ringtones, etc). You understand that Authenticator App 2FA Auth Ltd does not guarantee any confidentiality with respect to any Content you submit.
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Authenticator App 2FA Auth Ltd all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3. You retain all of your ownership rights in your Content. However, by submitting Content to Authenticator App 2FA Auth Ltd, you hereby grant Authenticator App 2FA Auth Ltd a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Authenticator App 2FA Auth Ltd’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Authenticator App 2FA Auth Ltd may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.
4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Authenticator App 2FA Auth Ltd all of the license rights granted herein.
5. Authenticator App 2FA Auth Ltd does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Authenticator App 2FA Auth Ltd expressly disclaims any and all liability in connection with Content. Authenticator App 2FA Auth Ltd does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Authenticator App 2FA Auth Ltd will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Authenticator App 2FA Auth Ltd reserves the right to remove Content without prior notice.
6. Authenticator App 2FA Auth Ltd has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
8. Account Termination Policy
1. Authenticator App 2FA Auth Ltd will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. Authenticator App 2FA Auth Ltd reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity. Authenticator App 2FA Auth Ltd may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
9. Google Analytics Tracking
1. Authenticator App 2FA Auth Ltd has changed its Analytics tracking code to support Display Advertising. The features we have implemented is the Google Analytics Demographics and Interest Reporting. You can choose to opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
2. Authenticator App 2FA Auth Ltd will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that is based on the DoubleClick cookie unless Authenticator App 2FA Auth Ltd have robust notice of, and the your prior affirmative (i.e., opt-in) consent to, that merger. We encourage you to read more on Google Analytics opt-out browser add-on.
3. Authenticator App 2FA Auth Ltd may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics. This helps Authenticator App 2FA Auth Ltd better understand how our Service is being used and to help tailor content and advertising on the Service.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Authenticator App 2FA Auth Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Authenticator App 2FA Auth Ltd MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Authenticator App 2FA Auth Ltd DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Authenticator App 2FA Auth Ltd WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL Authenticator App 2FA Auth Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Authenticator App 2FA Auth Ltd SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12.
These Terms shall be governed by and construed in accordance with the laws of the United States of America. Authenticator App 2FA Auth Ltd makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Authenticator App 2FA Auth Ltd, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
15. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Authenticator App 2FA Auth Ltd without restriction.
16. General
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Authenticator App 2FA Auth Ltd, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Authenticator App 2FA Auth Ltd that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service and any other legal notices published by Authenticator App 2FA Auth Ltd on the Service, shall constitute the entire agreement between you and Authenticator App 2FA Auth Ltd concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Authenticator App 2FA Auth Ltd’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Authenticator App 2FA Auth Ltd reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Authenticator App 2FA Auth Ltd AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute 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 and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor 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 facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. 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. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. 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. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. 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.
i. 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.