This End User License Agreement ("EULA") is between you and Software Network + Communication GmbH ("Licensor"). It governs your use of the Smart Business Plattform application ("Licensed Application") obtained through the Apple App Store. Use of the Licensed Application is also subject to the Terms of Use.
01Acknowledgement
You and the Licensor acknowledge that this EULA is concluded between you and the Licensor only, and not with Apple Inc. ("Apple"). The Licensor, not Apple, is solely responsible for the Licensed Application and its content.
02Scope of license
The Licensor grants you a non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The license applies only while you hold a valid account issued by the Licensor. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble or modify it, except where mandatory law permits.
03Maintenance and support
The Licensor is solely responsible for providing maintenance and support for the Licensed Application, as required by applicable law. Apple has no obligation to provide any maintenance or support services for the Licensed Application.
Support contact: info@snc-it.com
04Warranty
The Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the Licensed Application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the Licensor's sole responsibility.
05Product claims
The Licensor, not Apple, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession and/or use of it, including:
- (i) product liability claims,
- (ii) any claim that the Licensed Application fails to conform to an applicable legal or regulatory requirement,
- (iii) claims arising under consumer protection, privacy or similar legislation.
06Intellectual property rights
If a third party claims that the Licensed Application, or your possession and use of it, infringes that third party's intellectual property rights, the Licensor, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
07Legal compliance
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.
You also agree to comply with applicable EU sanctions and export-control law.
08Developer name and address
Software Network + Communication GmbH
Am Breiten Graben 31
31558 Hagenburg, Germany
Email: info@snc-it.com
Direct any questions, complaints or claims about the Licensed Application to this address.
09Third-party terms
When using the Licensed Application, you must comply with applicable third-party terms of agreement. This includes the terms of your mobile network or Wi-Fi provider.
10Third-party beneficiary
You and the Licensor acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Once you accept this EULA, Apple has the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.
11Liability, term and governing law
The Licensor's liability is governed by section 7 of the Terms of Use. This license is effective until terminated. It ends automatically when your account ends, or if you breach this EULA. When it ends, you must stop using the Licensed Application and delete it. German law applies, excluding the CISG.