QuickRecipe Companion™ EULA
QuickRecipe Companion™ is Copyright © 2021 QuickRecipe Companion, LLC
QuickRecipe Companion’s (“QR Companion”) License Agreement for: QuickRecipe Companion™
IMPORTANT-READ CAREFULLY: This QR Companion License Agreement is a legally binding license agreement between you and QuickRecipe Companion, LLC for the QR Companion Licensed Application identified above and as further defined in this License Agreement.
BY DOWNLOADING, INSTALLING, EXECUTING, OR OTHERWISE USING THE LICENDED APPLICATION OR SERVICE IN ANY MANNER, SUCH ACTS INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT DESIRE TO ACCEPT THIS LICENSE AGREEMENT OR AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED APPLICATION TO THE PLACE FROM WHICH YOU OBTAINED IT.
THE LICENSED APPLICATION IS PROTECTED BY U.S. COPYRlGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. QR COMPANION IS AND SHALL REMAIN THE OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE LICENSED APPLICATION AND SHALL REMAIN THE OWNER OF ALL COPIES OF THE LICENSED APPLICATION. THE LICENSED APPLICATION IS LICENSED TO YOU ON A NON-EXCLUSIVE, NON-ASSIGNABLE, NON-TRANSFERABLE, LIMITED, PERSONAL BASIS, NOT SOLD.
YOU ACKNOWLEDGE AND AGREE: (A) THAT YOU ARE NOT AN OWNER OF THE LICENSED APPLICATION OR ANY COPIES OF THE LICENSED APPLICATION; (B) THAT YOU ARE A MERE LICENSEE OF THE LICENSED APPLICATION AND ANY COPIES OF THE LICENSED APPLICATION WITHOUT ANY RIGHT TO FURTHER TRANSFER OR DISTRIBUTE THE LICENSED APPLICATION OR ANY COPIES OF THE LICENSED APPLICATION OR PROVIDE ACCESS TO THE LICENSED APPLICATION IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT; (C) NOT TO CHALLENGE THE ENFORCEABILITY OR VALIDITY OF THIS LICENSE AGREEMENT; AND (D) NOT TO INITIATE ANY PROCEEDINGS INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. Acknowledgement. You acknowledge that this License Agreement is between QR Companion and you only, and that Google, Inc. (“Google”) is not a party to this License Agreement. You acknowledge that QR Companion is solely responsible for the Licensed Application as further defined in section 2 below and the content thereof. QR Companion is willing to license the Licensed Application to you only upon the condition that you accept all the terms contained in this License Agreement and accept all of its conditions. If you do not accept all the terms and conditions of this License Agreement, then QR Companion is unwilling to license the Licensed Application to you, and you will have no right to download, install, execute or use the Licensed Application.
2. Scope of License. Subject to your compliance with the terms and conditions of this License Agreement and the payment of any applicable fees, as a condition to the license granted herein, QR Companion grants you a non-exclusive, non-transferable and personal license to install and execute the Licensed Application solely for your personal use on any Android device that you own or control or subscribe to and in connection accordance with Google Play Terms of Service or Google Terms of Service, provided, however, that such grant does not, and will not, include any and all patent rights, and specifically excludes such rights. QR Companion reserves all rights in the Licensed Application not expressly granted to you in this Licensed Agreement. “Licensed Application” means the object code version of the QR Companion software application licensed hereunder, including without limitation, all associated materials, all user documentation, and any modified, updated, or enhanced versions of such programs that QR Companion may provide.
3. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, recipe text, images, audio clips, digital downloads, data compilations, and software, is the property of QuickRecipe Companion, LLC. or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of QuickRecipe Companion, LLC., with copyright authorship for this collection by QuickRecipe Companion, LLC, and protected by international copyright laws.
4. Restrictions. QR Companion’s grant to you of the non-exclusive, non-transferable, limited personal license to install, execute, and use the Licensed Application in a manner consistent with its design, documentation, and your order, is further conditioned upon your compliance with the following conditions: except as expressly specified in this License Agreement you may not: (a) reproduce, publicly perform or display, create derivative works of or otherwise modify, disassemble, reverse compile or reverse engineer any part of the Licensed Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Licensed Application to any third party; or (c) make or grant access to the functionality of the Licensed Application through a network or file-sharing service through any hosting, application services provider, service bureau or any other types of services. Any future release, update, or other addition to functionality of the Licensed Application shall be subject to the terms and conditions of this License Agreement.
5. Maintenance and Support. You acknowledge that neither QR Companion nor Google will have any obligation to provide any maintenance or support of the Licensed Application.
5.1 You acknowledge that the Licensed Application and any applicable service, if any, have not been completely tested in all situations. Without limiting the provisions of this section, you acknowledge and agree that QR Companion has no obligation under this License Agreement to correct any defects or errors in the Licensed Application or the service provided to you under this License Agreement, regardless of whether you inform QR Companion of such defects or errors or QR Companion otherwise is, or becomes aware of, such defects or errors.
The Licensed Application and the service are provided “AS IS”, without warranty of any kind. QR COMPANION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OF ACCURACY, OF QUIT ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. QR COMPANION DOES NOT WARRANT AGAINST INTERFERENCE WITH ENJOYMENT OF THE LICENSED APPLICATION. YOUR USE OF THE LICENSED APPLICATION OR THE SERVICE IS AT YOUR OWN RISK. QR COMPANION DOES NOT WARRANT THAT THE LICENSED APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE LICENSED APPLICATION OR THE SERVICE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, OR THAT THE OPERATION OF THE LICENSED APPLICATION OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QR COMPANION OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Some jurisdictions do not allow the exclusion of certain warranties, so the above limitation may not apply to you.
5.2 Interactions with Other Users. You agree that you are solely responsible for your transactions or other interactions, either through the Licensed Application or through other means of communication, with other users of the Licensed Application. You acknowledge that that QR Companion has no liability for any such interactions. QR Companion may monitor or become involved in disputes between you and other users of the Licensed Application but has no obligation to do so.
5.3 Third Party Sites and Content. You understand that the Licensed Application may contain or send you link to third party websites, applications or features not owned or controlled by QR Companion (“Third Party Sites”), and that links to Third Party Sites may also appear in Content available to you through the System. The System may also enable interactions between the Licensed Application and a Third-Party Site through applications that connect the Licensed Application, or your profile on the Licensed Application, with a Third-Party Site.
Through Third Party Sites you may be able to access Content from third parties that QR Companion does not control and/or share your Content with others. YOU ACCESS THIRD PARTY SITES ENTIRELY AT YOUR OWN RISK, AND QR COMPANION WILL HAVE NO LIABILITY FOR YOUR USE OF OR ACCESS TO THIRD PARTY SITES AND/OR THIRD-PARTY CONTENT.)
6. Disclaimer of Warranty.
7. Product Claims. Both parties acknowledge that, except as set forth in Section 12, to the extent expressly provided under the terms and conditions of this License Agreement, QR Companion is solely responsible for addressing any claims made by you or any third party relating to the Licensed Application or your possession and/or use of the 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 or similar legislation.
7.1 Licensed Not Sold. The Licensed Application is licensed, not sold. You own the media or mobile device on which the Licensed Application may be installed or executed, but QR Companion retains ownership of the Licensed Application and/or any service, including all intellectual property rights therein, including, but not limited to, any and all copyrights, trademark, trade dress, trade secret, and patent rights, whether foreign or domestic. The Licensed Application and/or any applicable service is protected by United States copyright law and international treaties.
As a further condition to the license granted herein, you will not delete or in any manner alter the copyright, trademark, patent and other proprietary rights notices or markings appearing on the Licensed Application or service delivered to you.
7.2 Feedback. QR Companion has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that you provide to QR Companion, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict QR Companion’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. You hereby grant QR Companion a perpetual, irrevocable right and license to exploit Feedback in any and every way. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of QR Companion’s applications/apps products or services.)
9. Term and Termination.
9.1 Term. This License Agreement and the licenses granted hereunder are effective on the date you accept the terms and conditions of this License Agreement and shall continue unless this License Agreement is terminated by either party pursuant to this section.
9.2 Termination. QR Companion may terminate this License Agreement immediately for any or no reasons without notice to you. You may terminate this License Agreement at any time by destroying all copies of the Licensed Application in your possession or control. This License Agreement will automatically terminate without notice if you breach any term or condition of this License Agreement.
9.3 Survival. The following sections shall survive termination or expiration of this License Agreement for any reason; 2 (“Scope of License”), 5 (“Disclaimer of Warranty”), 7 (“Ownership”), 8.3 (“Survival”), 11 (“Limitation of Liability”), 12 (“Your Indemnification of QR Companion”), 16 (“Injunctive Relief”) and 17 (“General”) and 18-22 (Open Source Software, Communications from QR Companion, . Independent Contractors, Notices and Amendment).
10. Privacy: You consent to our collection of certain information about your usage of the Licensed Application or the service, including, device identifier, recipe selections, recipe indexes, ingredient selections, and errors in processing the same. We may create Anonymous Information records from such information by excluding use of this Anonymous Information for internal purposes, such as analyzing usage patterns so that we may enhance the Licensed Application or the service, and to use and disclose any Anonymous Information at our discretion (including sharing it with or providing to third parties). “Anonymous information” means information that is not associated with or linked to your personally identifiable information; Anonymous Information does not permit the identification of individual persons. QR Companion’s entire Privacy Statement is located at: http://www.QRCompanion.com and is incorporated by in this Agreement by reference.
10.1 Prohibited Content. You agree that you will not use the Licensed Application or applicable Service to send any Prohibited Content. “Prohibited Content” is an image, content, index, list or link that, (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic, obscene or sexually explicit in nature, (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person, (iii) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iv) promotes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing links to pirated computer programs, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated images, videos, or links to pirated images, music, videos, or movies or enables the unauthorized download or streaming of content or media or otherwise infringes the intellectual property rights of others, including patent, trademark in addition to copyright and trade secret or other proprietary right of any party; (v) is involved in the exploitation of persons under the age of eighteen (18); (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or rights of publicity, or providing or creating computer viruses and other harmful code or content that interferes with, disrupts, damages, harms, or accesses in an unauthorized manner machines, hardware, devices servers, networks, data other properties or services of QR Companion or any other party, including but not limited to, Android users, Google or any network operator; (vii) solicits passwords or personally identifying information for commercial or unlawful purposes from other users; (viii) creates a spammy user experience, whether by posting repetitive content or misleading information about an application’s purpose, (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms or conditions of this License Agreement or creates liability for us or our users.
10.2 Lawful Use. You will use the Licensed Application and applicable service in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. You may not use the Licensed Application or the service for the transmission of “junk mail” or “chain letters”, unsolicited mass mailing, or “spamming.” The Licensed Application is for the personal use of users only.
11. Acceptable Use. You are solely responsible for any and all user generated content, if any, that you send using the Licensed Application or any applicable service.
12. Limitation of Liability. IN NO EVENT WILL QR COMPANION BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE USE OR PERFOMANCE OF THE LICENSED APPLICATION OR THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT QR COMPANION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. QR COMPANION’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED FIFTY U.S. DOLLARS (U.S. $50.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If applicable law limits the application of the provisions of this paragraph 11, QR Companion’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, QR Companion’s liability limits and other rights set forth in this paragraph 11 apply likewise to QR Companion’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
13. Your indemnification of QR Companion. You agree to defend QR Companion from any third-party claim in connection with your use of the Licensed Application or any applicable service or the transmission or your viewing of your indexes or ingredients and you agree to indemnify and hold QR Companion harmless against any liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys’ fees and court costs), actually incurred in connection with any claim described above. In the event of such third-party claim, QR Companion will: (a) promptly notify you in writing of the claim; (b) provide you, at your expense, with all reasonable information and assistance to defend or settle the claim, and (c) grant you the sole authority and control of the defense and settlement of the claim, provided that you will not settle without the advance written consent of QR Companion to the terms of the settlement.
14. Legal Compliance. You may not use or otherwise export or re-export the Licensed Application or service 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) to any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application or service, you represent and warrant as a condition to the license granted under this License Agreement 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 a U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Licensed Application or service for any purpose prohibited by United States law.
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.
15. Developer Contact Information: If you have any questions, complaints, or claims regarding this Agreement or the Licensed Application, you may contact our support staff by emailing: email@example.com
17. Injunctive Relief. You acknowledge and agree that any use of the Licensed Application or the service in breach of this Agreement is likely to cause QR Companion irreparable harm for which damages will not be an adequate remedy, and that QR Companion will, therefore, be entitled to temporary, preliminary, and permanent injunctive relief in any court of competent jurisdiction to restrain such breach, without prejudice to any other right or remedy and without posting of a bond and without proof of actual damages.
18. General: This License Agreement will be governed by and construed in accordance with the laws of the state of Illinois, U.S.A. without regard to or application of conflicts of law rules or principles. You hereby consent to the non-exclusive personal jurisdiction and venue in the state and federal courts located or have a presence in Cook County, Illinois, U.S.A. for any lawsuit arising from or related to this License Agreement. You may not assign or transfer this License Agreement or any rights granted hereunder, by operation of laws or otherwise, without QR Companion’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this License Agreement, the exercise by either party of any of its remedies under this License Agreement will be without prejudice to its other remedies under this License Agreement or otherwise. The failure by either party to enforce any provision of this License Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this License Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This License Agreement and the terms and conditions incorporated herein by reference are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, and understandings or communications between the parties, oral or written, regarding its subject matter, unless you and QR Companion have executed a separate agreement.
19. Open Source Software: Certain items of third-party code provided by QR Companion with the Licensed Application (“Open Source Software”) may be subject to certain “open source” or “free software” licenses. This Open Source Software is licensed under the terms of the license that accompanies such Open Source Software as indicated within the Licensed Application. Nothing in this License Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
20. Communications from QR Companion: You consent to receive email and/or text messages from QR Companion in connection with our use of the Licensed Application. Standard text messaging charges required by Your mobile carrier will apply to text messages we send you.
21. Independent Contractors: The parties are independent contractors. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
22. Notices: QR Companion may send notices to you by email [or by text to your mobile device] at the email address [or mobile number] provided by you, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to this Agreement to QR Companion by email to firstname.lastname@example.org, and such notices will be deemed received 72 hours after they are sent. In addition, you are on notice and agree that: (a) for claims of copyright infringement, the complaining party may contact email@example.com; and (b) QR Companion will terminate the accounts of subscribers who are repeat copyright infringers.
23. Amendment: QR Companion may amend this Agreement from time to time by posting an amended version at its website and sending you written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless you first give QR Companion written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions for 30 days following the Proposed Amendment Date (unless either you or QR Companion first terminates this Agreement pursuant to paragraph 8, Term & Termination). Your continued use of the Licensed Application following the effective date of an amendment will confirm your consent to the Amendment. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions of this paragraph 22, QR Companion may revise any applicable AUP, DMCA Policy and Privacy Statement at any time by posting a new version of the either of them at QR Companion’s website, and such new version will become effective on the date it is posted; provided if such amendment materially reduces your rights or protections, notice and consent will be subject to the requirements above in this paragraph 23.
AS STATED ABOVE, BY DOWNLOADING, INSTALLING, EXECUTING, OR OTHER WISE USING IN ANY MANNER THE LICENSED APPLICATION OR SERVICE, INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AS A LICENSEE.
QuickRecipe Companion and QuickRecipe and Design are trademarks or marks of QuickRecipe Companion, LLC. All other trademarks are the property of their respective owners; specifically, Android, Google, and Google Play are marks of Google, Inc. and use of the Google, Inc. marks are subject to Google Brand Permissions.
QuickRecipe Companion not affiliated with, endorsed or sponsored by any of the authors, contributors, editors, publishers, agents or distributors of the cookbooks to which QuickRecipe Companion Sites and Services make reference to and QR Companion Sites and Services not licensed, sold, distributed, and/or offered by any of the authors, contributors, editors, publishers, agents or distributors of the referenced cookbooks.
Addendum for Apple App Store Licenses
Notwithstanding anything to the contrary set forth in the above Licenses Agreement (the “EULA”), If you obtained a license to the Licensed Application through the use of Apple’s App Store (but only if You obtained your license to the Licensed Application through Apple’s App Store), the following additional terms and condition shall apply:
1. Acknowledgement: Both parties acknowledge that the EULA is concluded between you and QR Companion only, and not with Apple, and You acknowledge that QR Companion is solely responsible for the Licensed Application and the content thereof. Any usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date, the Apple Media Services Terms and Conditions shall control.
2. Scope of License: Subject to your compliance with the terms and conditions of the EULA set forth above and this Addendum to the same the license granted you for the Licensed Application a non-exclusive and non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: You acknowledge that Apple shall not be responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: You agree that the QR Companion is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed, the EULA and this Addendum to the same. In the event of any failure of the Licensed Application to conform to any applicable warranty, if any, you may notify Apple, 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 QR Companion’s sole responsibility.
5. Product Claims: Both parties acknowledge that QR Companion, not Apple, is responsible for addressing any claims you may have, if any, or any third party relating to the Licensed Application or you 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, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks, if applicable. The EULA may not limit QR Companion’s liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights: Both parties acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, QR Companion, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. 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.
8. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Licensed Application (i.e. you must not be in violation of any applicable wireless data service agreement when using the Licensed Application).
9. Third Party Beneficiary: Both parties 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 you as a third party beneficiary thereof.
10. Apple Minimum Terms Control: You acknowledge and agree that if any of the terms and conditions of the EULA and this Addendum to the same are inconsistent or in conflict with Apple’s applicable Instructions for Minimum Terms for Developer’s End User License Agreement, the terms and conditions of Apple’s Instructions for Minimum Terms of Developer’s End User License Agreement shall apply.
IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU DO NOT HAVE A RIGHT TO DOWNLOAD, INSTALL OR USE THE LICENSED APPLICATION.
Apple and iPhone are marks of Apple, Inc. and use of the Apple, Inc. marks are subject to Apple, Inc. App Store Marketing Resources and Identity Guidelines.