END USER LICENSE AGREEMENT
Symptoms Tracker ("the apps") and any accompanying documentation is sold in the Apple App Store.
OneVault (“the apps”) and any accompanying documentation is licensed by Subscription and not sold.
The apps are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. BDP Corporation or its subsidiaries, affiliates, and suppliers (collectively “BDP Corp”) own intellectual property rights in the apps. The Licensee’s (“you” or “your”) license to download, use, copy, or change the apps are subject to these rights and to all the terms and conditions of this End User License Agreement (“EULA”, “Agreement”, “Terms”, “Terms of Service”, or “Service Agreement”)
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING, OR COPYING THE APPS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE APPS.
This Agreement entitles you to install and use the apps on any mobile device or computer that you own and control. This Agreement does not permit the installation or use of the apps on mobile devices that are owned and controlled by other users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user. The terms of the license Agreement will govern any upgrades provided by BDP Corp that replace and/or supplement the apps, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Restrictions on Transfer
Without first obtaining the express written consent of BDP Corp, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublease, or otherwise transfer your rights to the apps.
Restrictions on Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the apps.
Restrictions on Alteration
You may not modify the apps or create a derivative work of the apps or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files, databases or libraries in any portion of the apps.
Restrictions on Copying
You may not copy any part of the apps except to the extent that licensed use inherently demands the creation of a backup copy using either iTunes or iCloud Backup.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY BDP CORP, BDP CORP MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE APPS.
BDP Corp makes no warranty that the apps will meet your requirements or operate under your specific conditions of use. BDP Corp makes no warranty that operation of the apps will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE APPS SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE APPS TO MEET YOUR REQUIREMENTS. BDP Corp WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY DEVICE OR COMPUTER.
UNDER NO CIRCUMSTANCES SHALL BDP Corp, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPS. WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BDP Corp OR ANY OTHER PARTY, EVEN IF BDP Corp IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTEND THAT THE APPLICABLE JURISDICTION LIMITS BDP CORP'S ABILITY TO DISCLAIM ANY IMPLIED WARRENTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTEND PERMITTED.
We reserve the right, at our discretion, to modify or replace the terms any time. If a revision is material, we will make reasonable efforts to post the changes in the App Store at least 30 days prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the apps after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the apps.
While all amounts paid are non-refundable, certain refund requests may be considered by BDP Corp on a case-by-case basis and granted at the sole discretion of BDP Corp.
Subscription Fee Changes (OneVault only)
BDP Corp in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current billing cycle.
BDP Corp will provide you with reasonable prior notice by posting any change in Subscription fees to the App Store, giving you an opportunity to terminate your Subscription before such changes becomes effective.
Your continued use of the App after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You are entitled to cease using the apps at any time and for any reason without notice to us, but you will continue to be charged for subscription apps until you cancel your account by changing your Subscriptions Settings. Cancellation of the current Subscription will take effect at the end of the current Subscription period.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement is the correction or replacement of the apps. Selection of whether to correct or replace shall be solely at the discretion of BDP Corp. BDP Corp reserves the right to substitute a functionally equivalent copy of the apps as a replacement. If BDP Corp is unable to provide a replacement or substitute App or corrections to the apps, your sole alternate remedy shall be a refund of the unused portion of the Subscription price for the apps.
All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation or damage determined by BDP Corp to have been caused by you. All limited warranties on the apps are granted only to you and are non-transferable. You agree to indemnify and hold BDP Corp harmless from all claims, judgements, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of New York, without regard to New York’s conflict or choice of law provisions
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.