- IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and IMSAR LLC for the Licensed Application (defined below) that accompanies this EULA. Apple is not party to this EULA. IMSAR, not Apple, is solely responsible for the Licensed Application and the content thereof.
- “Licensed Application” means Visual Guidance, including associated media, printed materials, and “online” or electronic documentation.
- YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING OR OTHERWISE USING THE LICENSED APPLICATION. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED APPLICATION.
- Grant of License. Provided that you comply with all terms and conditions of this EULA, IMSAR grants you a non-transferable license to use the Licensed Application on any Apple-branded Products owned or controlled by you, as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Licensed Application may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
- Additional Software. This EULA applies to updates, supplements, and add-on components of the Licensed Application that IMSAR may provide to you or make available to you after the date you obtain your initial Licensed Application, unless IMSAR provides other terms along with the update, supplement, or add-on component.
- Updates, Upgrades, and Support. To use the Licensed Application identified as an upgrade or an update, you must first be licensed for the Licensed Application identified by IMSAR as eligible for the upgrade or update. After upgrading or updating, you may no longer use the Licensed Application that formed the basis for your upgrade eligibility. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- Reservation of Rights and Ownership. IMSAR reserves all rights not expressly granted to you in this EULA. The Licensed Application is protected by copyright and other intellectual property laws and treaties. IMSAR owns the title, copyright, and other intellectual property rights in the Licensed Application. The Licensed Application is licensed, not sold. In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third-party’s intellectual property rights, IMSAR, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of the intellectual property infringement claim.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Licensed Application, nor may you allow any other party to do so.
- Disclaimer of Warranties. To the maximum extent permitted by law, IMSAR provides the Licensed Application and support services (if any) AS IS AND WITH ALL FAULTS regardless of any express or implied warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
- IMSAR also hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Licensed Application, and the provision of or failure to provide support or other services, information, software, and related content through the Licensed Application or otherwise arising out of the use of the Licensed Application.
- THERE IS ALSO NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED APPLICATION.
- To the extent that any product warranties are implied by law, despite the disclaimer of such warranties above, IMSAR, not Apple, is solely responsible for those warranties.
- Responsibility for Product Claims. IMSAR and you acknowledge that IMSAR, not Apple, is responsible for addressing any claims of 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 requirements; and (iii) claims arising under consumer protection or similar legislation.
- IMSAR Contact Information. If you have any questions, complaints, or claims related to the Licensed Application, you may direct them to IMSAR using the contact information available at https://www.imsar.com/index.php/contact/.
- Exclusion of Incidental, Consequential, and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMSAR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED APPLICATION.
- Damages under this provision include, but are not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty (including of good faith or of reasonable care), for negligence, and for any other pecuniary or other loss whatsoever.
- Actions arising out of or in any way related to the use of or inability to use the Licensed Application under this provision include, but are not limited to, actions to provide or fail to provide support or other services, information, and related content through the Licensed Application; actions otherwise arising out of the use of the Licensed Application; or actions otherwise under or in connection with any provision of this EULA, even in the event of fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of IMSAR. IMSAR is not liable for damages for these actions even if IMSAR has been advised of the possibility of damages.
- Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever, the entire liability of IMSAR under any provision of this EULA and your exclusive remedy hereunder shall be limited to the lesser of the actual damages you incur in reasonable reliance on the Licensed Application and the amount actually paid by you for the Licensed Application.
- The damages mentioned in this provision include, but are not limited to, all damages referenced in this EULA and all direct or general damages in contract or under any other legal theory.
- The foregoing limitations, exclusions, and disclaimers (including Sections III.3, III.6, and III.7) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
IV. Other Provisions
- Termination. Without prejudice to any other rights, IMSAR may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
- Entire Agreement. This EULA (including any addendum or amendment to this EULA which is included by IMSAR with the Licensed Application) is the entire agreement between you and IMSAR relating to the Licensed Application and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Licensed Application or any other subject matter covered by this EULA. Extended warranty and support packages purchased by the end user will extend this agreement as specified in the terms of the extended warranty and support agreement.
- Severability. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
- Compliance with Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application.
- Third-Party Beneficiary. You and IMSAR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA. 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 of the EULA.
- Legal Compliance. By accepting the terms and conditions of this EULA, 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.
- Governing Law. This EULA shall be interpreted and construed in accordance with the laws of the State of Utah, without regard to Utah’s conflict of law principles. The federal and state courts within the state of Utah have exclusive jurisdiction to adjudicate any dispute arising out of this EULA. By accepting the terms and conditions of this EULA, you hereby submit to the jurisdiction and venue of those courts.
- Subject to Change. The terms of this EULA are subject to change without notice, and, if the terms of this EULA are changed, you will be bound by the new terms by maintaining the installation of or continuing to use the Licensed Application.