END USER LICENSE
AGREEMENT
Last
updated
August 27,
2020
Chemistry is licensed to You (End-User) by
getchemistry.io, located at __________,
Sydney,
__________
2010
, Australia
(hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by
this License Agreement), You indicate that You agree to be bound by all of the terms and
conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License
Agreement and is not bound by any provisions or obligations with regard to the Application, such
as warranty, liability, maintenance and support thereof. getchemistry.io
, not Apple, is solely responsible for the licensed Application and the content
thereof.
This
License Agreement may not provide for usage rules for the Application that are in
conflict with the latest
App Store Terms of
Service
. getchemistry.io acknowledges that it had the opportunity
to review said terms and this License Agreement is not conflicting with them.
All
rights not expressly granted to You are reserved.
Chemistry
(hereinafter: Application) is a piece of software created to Solve
chemical equations, provide chemical tables and schemes - and customized for Apple
mobile devices. It is used to use Periodic table and other tools that
helps learning chemistry.
The Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use this Application. You may not use the Application in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2.1
You are given a non-transferable, non-exclusive,
non-sublicensable license to install and use the
Licensed Application on any Apple-branded Products that
You (End-User) own or control and as permitted by the
Usage Rules set forth in this section and the App Store
Terms of Service, with the exception that such licensed
Application may be accessed and used by other accounts
associated with You (End-User, The Purchaser) via Family
Sharing or volume purchasing.
2
.
2
This license will also govern any updates of the
Application provided by Licensor that replace, repair,
and/or supplement the first Application, unless a
separate license is provided for such update in which
case the terms of that new license will govern.
2
.
3 You
may not share or make the Application available to third
parties (unless to the degree allowed by the Apple Terms and
Conditions, and with getchemistry.io
's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Application.
2
.
4
You may not reverse engineer, translate, disassemble,
integrate, decompile, integrate, remove, modify,
combine, create derivative works or updates of, adapt,
or attempt to derive the source code of the Application,
or any part thereof (except with
getchemistry.io's prior written consent).
2
.
5
You may not copy (excluding when expressly authorized
by this license and the Usage Rules) or alter the
Application or portions thereof. You may create and
store copies only on devices that You own or control for
backup keeping under the terms of this license, the App
Store Terms of Service, and any other terms and
conditions that apply to the device or software used.
You may not remove any intellectual property notices.
You acknowledge that no unauthorized third parties may
gain access to these copies at any time.
2
.
6
Violations of the obligations mentioned above, as well
as the attempt of such infringement, may be subject to
prosecution and damages.
2
.
7
Licensor reserves the right to modify the terms and
conditions of licensing.
2
.
8
Nothing in this license should be interpreted to
restrict third-party terms. When using the Application,
You must ensure that You comply with applicable
third-party terms and conditions.
3. TECHNICAL
REQUIREMENTS
3.
1
Licensor attempts to keep the Application updated so
that it complies with modified/new versions of the
firmware and new hardware. You are not granted rights to
claim such an update.
3.
2
Licensor reserves the right to modify the technical
specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR
SUPPORT
4.1
getchemistry.io is not
obligated, expressed or implied, to provide any
maintenance, technical or other support for the
Application.
4.2 getchemistry.io
and the
End-User acknowledge that Apple has no obligation whatsoever
to furnish any maintenance and support services with respect
to the licensed Application.
5. USE OF
DATA
You
acknowledge that Licensor will be able to access and
adjust Your downloaded licensed Application content and
Your personal information, and that Licensor's use of
such material and information is subject to Your legal
agreements with Licensor and Licensor's privacy policy:
https://getchemistry.io/privacy-policy/ios/
.
6.
LIABILITY
6.1 Licensor's
responsibility in the case of violation of obligations
and tort shall be limited to intent and gross
negligence. Only in case of a breach of essential
contractual duties (cardinal obligations), Licensor
shall also be liable in case of slight negligence. In
any case, liability shall be limited to the foreseeable,
contractually typical damages. The limitation mentioned
above does not apply to injuries to life, limb, or
health.
6.2 Licensor takes no
accountability or responsibility for any damages caused
due to a breach of duties according to Section 2 of this
Agreement. To avoid data loss, You are required to make
use of backup functions of the Application to the extent
allowed by applicable third-party terms and conditions
of use. You are aware that in case of alterations or
manipulations of the Application, You will not have
access to licensed Application.
7.
WARRANTY
getchemistry.io and the End-User acknowledge that, in the event of any
third-party claim that the licensed Application or the End-User's possession and use of that licensed
Application infringes on the third party's intellectual property rights,
getchemistry.io, and not Apple, will be solely responsible for the investigation, defense,
settlement and discharge or any such intellectual property infringement claims.