服务条款
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. Any App subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider (“Licensor”) reserves all rights not expressly granted to you under this Standard EULA.
a. Scope of License
Licensor grants you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously. You may not transfer, redistribute, or sublicense the Licensed Application. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application except as permitted by applicable law.
b. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information — including technical information about your device, system and application software, and peripherals — gathered periodically to facilitate software updates, product support, and other services. Licensor may use this information in anonymized form to improve its products or provide services 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 third-party services and websites (“External Services”). You agree to use External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any External Services and shall not be liable for them. You agree not to use External Services to harass, abuse, stalk, threaten, or defame any person or entity. External Services may not be available in all languages or regions. Licensor reserves the right to change, suspend, or disable access to any External Services at any time without notice.
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 IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
f. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY EXCEED FIFTY DOLLARS (US$50.00).
g. Export Compliance
You may not use or export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which it was obtained. The Licensed Application may not be exported into U.S.-embargoed countries or to anyone on applicable restricted-party lists. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list.
h. U.S. Government Rights
The Licensed Application and related documentation are “Commercial Items” as defined at 48 C.F.R. §2.101. They are licensed to U.S. Government end users only as Commercial Items and with only the rights granted to all other end users under the terms herein.
i. Governing Law
This Agreement and your relationship with the Application Provider shall be governed by the laws of the applicable jurisdiction. If you are a citizen of an EU country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. The United Nations Convention on the International Sale of Goods does not apply to this Agreement.