Effective Date: November 29, 2018
The following combined Terms of Service and End User License Agreement (“EULA”) constitute an agreement between you and Firelit Studios (“Licensor”). Apps made available through the Apple App Store are licensed, not sold, to you. Your license to Licensor’s Apps is subject to your prior acceptance of this EULA. Any App that is subject to this EULA is referred to herein as the “Licensed Application.” Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE LICENSED APPLICATION, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE LICENSED APPLICATION. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Licensor reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Licensor’s website. You will be deemed to have accepted such changes by continuing to use the Licensed Application. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
Subject to this EULA and its terms and conditions, Licensor grants to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by Usage Rules set forth in the Apple App Store Terms of Service (“Apple Usage Rules”). The terms of this 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.
YOU MAY ONLY USE THE LICENSED APPLICATION FOR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY NOT USE ANY END PRODUCTS CREATED THROUGH USE OF THE LICENSED APPLICATION IN ANY COMMERCIAL ACTIVITIES WHATSOEVER. YOU AGREE THAT YOU WILL NOT EXTRACT OR TRACE THE INTELLECTUAL PROPERTY INCLUDED WITHIN THE LICENSED APPLICATION (SUCH AS FONTS AND BACKGROUND IMAGES) FOR USE IN OTHER APPLICATIONS.
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 (except as provided for Apple-branded products in the Apple Usage Rules). You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license or by Apple 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).
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. In such an event, you must cease and desist from any further usage of the Licensed Application and destroy all copies and reproductions of the Licensed Application that may exist on any of your devices.
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 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.
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.
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.
This EULA is concluded between you and Licensor only and not Apple. Licensor is solely responsible for the Licensed Application and the content thereof. If there is a conflict between the terms of this EULA and the EULA or Terms of Service of the Apple App Store, the terms of the App Store shall prevail. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. In the event of any failure of the Licensed Application to conform to any warranty which may be applicable, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. You and the Licensor acknowledge that the Licensor, and not Apple, are responsible for addressing your or any third party’s claims relating to the Licensed Application or your 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 Apple HealthKit and HomeKit frameworks. You and the Licensor 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, you or the Licensor as may be applicable, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.You and the Licensor acknowledge and agree that Apple and their subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of the EULA, they 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.
Licensor may assign or delegate this EULA in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this EULA without Licensor’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
You hereby agree that if the terms of this EULA are not specifically observed, Licensor will be irreparably damaged, and therefore you agree that Rovio shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
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.
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.
Except to the extent expressly provided in the following paragraph, this Agreement shall be governed by the laws of Malaysia, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia, to resolve any dispute or claim arising from this Agreement. If (a) you are not a Malaysian; (b) you do not reside in Malaysia; (c) you are not accessing the Service from Malaysia; 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.
Any questions, complaints or claims with respect to the Licensed Application should be directed to Firelit Studios at firstname.lastname@example.org or addressed to: Firelit Studios, 21 Jalan Bukit Travers, Federal Hill, Kuala Lumpur 50480, Malaysia.