Application End User Licensing Agreement
SECTION 1. ACKNOWLEDGMENT
This End User Licensing Agreement (“EULA”) applicable to any Novawave Application (“App”) being sold on the Apple App Store and the Google Play Store is set forth between COMPLETE PERFORMANCE COMMERCE PTE LTD SINGAPORE (“Licensor”) and You ( the “User”) and not with Apple. Licensor is solely responsible for the App and the content thereof. The EULA may not provide for usage rules that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date. Licensor acknowledges that as of Effective Date, it had the opportunity to review the Apple or Google Media Services Terms and Conditions. By accepting this EULA, you are also accepting the Novawave Terms and Conditions found on https://www.getnovaware.com/en/terms.html
SECTION 2. SCOPE OF LICENSE
The license granted to the User of the App is a non-transferable license to use the App on Apple or Android products you own or control as permitted by the Usage Rules set forth in the Apple or Google Media Services Terms and Conditions (“Usage Rules”), except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by the Licensor that replace or supplement the original App unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your Apple or Android Device to a third party, you must remove the App from the Apple or Android Device before doing so. You may not copy (except as permitted by this EULA and the Usage Rules) reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, 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 App).
SECTION 3. MAINTENANCE AND SUPPORT
The Licensor is solely responsible for providing maintenance and support services for the App as required under the law. Both Licensor and User acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services for the App.
In the event a refund of the purchase price of the App is necessary, Licensor may provide Apple or Google, its subsidiaries, and agents with end-user consumption information from the App in order to inform and improve the refund process. The Licensor shall provide notice to the User and/or obtain consent from the User in compliance with the Documentation and applicable laws.
SECTION 4. CONSENT TO USE OF DATA
You agree that the 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 App. The 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.
SECTION 5. WARRANTY
The Licensor is solely responsible for any App warranties, express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, the User has the right to inform Apple or Google, and Apple or Google will refund the purchase price of the App to that User.
To the maximum extent possible, neither Apple nor Google will have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses will be the Developer’s sole responsibility.
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE APP IS AT HIS OR HER SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP 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 NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. PROVIDED, IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE USER.
SECTION 6. PRODUCT CLAIMS
Both the Licensor and User acknowledge that the Licensor is responsible for addressing any claims of the User or any third party relating to the Application or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App 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 App’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Licensor’s liability to the User beyond what is permitted by applicable law.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE 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 THE USER’S USE OF OR INABILITY TO USE THE APP, 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.
PROVIDED, IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE USER. In no event shall the Licensor’s total liability to the user for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIFTY US Dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails its essential purpose.
SECTION 7. TERMINATION
This EULA is effective until terminated by the User or by the Licensor. The User’s rights under the EULA shall terminate automatically if s/he fails to comply with any of its terms.
SECTION 8. IP RIGHTS
Both Licensor and User acknowledge that in the event of any third-party claim that the App or the User’s possession and use thereof infringes the third party’s IP rights, the Licensor will be solely responsible for the investigation, defense, settlement, and discharge of any such IP infringement claim.
SECTION 9. LEGAL COMPLIANCE
The User represents and warrants that s/he is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, and that s/he is not listed on any US government list of prohibited or restricted parties.
SECTION 10. LICENSOR NAME AND ADDRESS
The Licensor confirms that the following contact information below is true and correct and may be used by the User and other third parties to send questions, complaints, or claims with respect to the App:
LICENSOR NAME: COMPLETE PERFORMANCE COMMERCE PTE LTD SINGAPORE
LICENSOR ADDRESS: 33 Ubi Avenue 3, #08-03, Vertex, Singapore
LICENSOR NUMBER: +65-6347 5958 (Singapore)
SECTION 11. THIRD PARTY TERMS OF AGREEMENT
Where applicable, the User must comply with all third-party terms of agreement when using the App.
EXTERNAL SERVICES. The App may enable access to the Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). The User agrees to use the External Services at his or her sole risk. The 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 version of the App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by the Licensor or its agents. The User shall not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of the Licensor or any third party. The User agrees not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and in the event that the User breaches this agreement, the Licensor is not responsible for any such use. External Services may not be available in all languages or in the User’s Home Country, and may not be appropriate or available for use in any particular location. To the extent that the User chooses to use such External Services, the User is solely responsible for compliance with any applicable laws. The 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 the User.
SECTION 12. THIRD PARTY BENEFICIARY
The Licensor and User acknowledge and agree that either Apple and its subsidiaries or Google and its subsidiaries, depending on whether the User purchased the App from the App Store or from the Play Store, are the third-party beneficiaries of the EULA. Upon the User’s acceptance of the terms and conditions of the EULA, either Apple or Google will have the right to enforce the EULA against the User as a third-party beneficiary thereof.
SEC. 13. OTHER RESTRICTIONS
The User may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the Application may not be exported or reexported (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 App, the User represents and warrants that s/he is not located in any such country or on any such list. The User also agrees that s/he 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.
The App 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.
SECTION 14. APPLICABLE LAW
This EULA and the relationship between User, Developer, Apple, and/or Google shall be governed by the laws of the State of Singapore. All parties agree to submit to the personal and exclusive jurisdiction of the courts of the State of Singapore.
Except to the extent expressly provided in the following paragraph, this EULA and the relationship between the User and the Licensor shall be governed by the laws of the State of Singapore, excluding its conflicts of law provisions. If (a) the User is not a U.S. citizen; (b) the User does not reside in the U.S.; (c) the User is not accessing the Service from the U.S.; and (d) the User is a citizen of one of the countries identified below, the User hereby agrees that any dispute or claim arising from this EULA shall be governed by the applicable law set forth in this paragraph and the preceding paragraph, without regard to any conflict of law provisions, and the User hereby irrevocably submits to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If the User is a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of the User’s 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.