This End User License Agreement ("Agreement") is a legal agreement between you and Arthur De Araujo, the developer of Birdsky ("Developer", "we", "us", or "our"). This Agreement governs your use of the Birdsky mobile application ("Application" or "App") and the services provided through it.
By downloading, installing, or using Birdsky, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not download, install, or use the Application.
Birdsky, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Birdsky is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
- THE APPLICATION
- SCOPE OF LICENSE
- TECHNICAL REQUIREMENTS
- MAINTENANCE AND SUPPORT
- USER-GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- LIABILITY
- WARRANTY
- PRODUCT CLAIMS
- LEGAL COMPLIANCE
- CONTACT INFORMATION
- TERMINATION
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
- INTELLECTUAL PROPERTY RIGHTS
- APPLICABLE LAW
- MISCELLANEOUS
1. THE APPLICATION
Birdsky is a social networking application designed specifically for bird enthusiasts, photographers, and nature lovers. The Application allows users to share bird photography, document sightings, connect with other birders, and participate in a community dedicated to avian appreciation and conservation.
2. SCOPE OF LICENSE
You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Android device that You own or control and as permitted by the Usage Rules set forth in the respective App Store Terms of Service.
This license does not allow You to use the Licensed Application on any Apple-branded or Android device that You do not own or control, and 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.
You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, 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.
3. TECHNICAL REQUIREMENTS
The Licensed Application requires a firmware version that is compatible with the minimum technical specifications outlined by the Developer. The Developer reserves the right to modify these requirements with updates to the Licensed Application.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
4. MAINTENANCE AND SUPPORT
The Developer is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Developer at the contact information provided below.
Arthur De Araujo and the App Store have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
6. CONTRIBUTION LICENSE
By posting Contributions to any part of the Licensed Application, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
7. LIABILITY
You acknowledge that Arthur De Araujo is not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the Licensed Application.
To the extent not prohibited by law, in no event shall Arthur De Araujo's total liability to You for all damages exceed the amount of fifty dollars ($50.00).
8. WARRANTY
Arthur De Araujo warrants that the Licensed Application will function substantially in accordance with the description of the Licensed Application set forth in the App Store for a period of ninety (90) days from the date of download.
If you notify Arthur De Araujo in writing of any defects or inaccuracies within such ninety (90) day period, Arthur De Araujo will, at his sole discretion, either fix the defect or inaccuracy or return the full purchase price (if any) of the Licensed Application.
THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES.
9. PRODUCT CLAIMS
Arthur De Araujo and the End-User acknowledge that Arthur De Araujo, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that 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 You are not listed on any U.S. Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries, feedback, complaints, or questions about the Licensed Application, please contact:
Arthur De Araujo
Email: [email protected]
12. TERMINATION
The license is valid until terminated by You or Arthur De Araujo. Your rights under this license will terminate automatically without notice from Arthur De Araujo if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Arthur De Araujo represents and warrants that Arthur De Araujo will comply with applicable third-party terms of agreement when using Licensed Application.
In accordance with Section 3 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Google and their subsidiaries shall be third-party beneficiaries of this End-User License Agreement and — upon Your acceptance of the terms and conditions of this license agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End-User License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Arthur De Araujo 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, Arthur De Araujo, and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This license agreement is governed by the laws of the United States which excludes its conflicts of law rules, and You and Arthur De Araujo agree to submit to the personal and exclusive jurisdiction of the courts located within the United States to resolve any dispute or claim arising from this Agreement.
16. MISCELLANEOUS
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
This Agreement constitutes the entire license agreement between You and Arthur De Araujo for the Licensed Application.
This Agreement may only be modified by a written amendment signed by Arthur De Araujo, or by a new agreement governing use of the Licensed Application issued by Arthur De Araujo.
This Agreement will not be construed against the party preparing it.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Arthur De Araujo may assign its rights under this Agreement without condition.