SAFETYGRID TERMS OF SERVICE AND END USER SOFTWARE LICENSE AGREEMENT
Last Revision: May 16, 2011
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU HAVE QUESTIONS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT SAFETYGRID AT SALES@SAFETYGRID.NET.
1. Definitions
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means All Points Media Works, LLC and it’s assumed name SafetyGrid, with its main address located at All Points Media Works, LLC 31733 23 Mile Road, Chesterfield, Michigan, MI, United States.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) All Points Media Works, LLC or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (iii) related explanatory written materials or files (“Documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by All Points Media Works, LLC (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You or Your Company, unless otherwise indicated.
“Permitted Number” means five (5) unless otherwise indicated under a valid license (e.g. volume license) granted by All Points Media Works, LLC.
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“Company” means All Points Media Works, LLC
2. Software License
As long as you comply with the terms of this End User License Agreement (the “Agreement”), All Points Media Works, LLC grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a “Read Me” file located near such materials.
2.1 General Use
You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
2.2 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any device beyond the permitted number. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.
2.3 Stock Files
Unless stated otherwise in the “Read-Me” files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the ALL POINTS MEDIA WORKS, LLC value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
2.4 Privacy
All Points Media Works, LLC’s privacy policy can be found at the following URL:
http://sgrid.me/priv
2.4 Eligibility
The software and service is available only to individuals who are at least 18 years old or if under 18, only with parent’s permission. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration and other information you submit or provide to All Points Media Works, LLC is accurate and truthful. All Points Media Works, LLC may, in it’s sole discretion, refuse to offer the software and / or service to any person or entity and change it’s eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and Software is revoked in such jurisdictions.
3. Intellectual Property Rights
The Software and any copies that you are authorized by All Points Media Works, LLC to make are the intellectual property of and are owned by All Points Media Works, LLC and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of All Points Media Works, LLC and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 (“Software License”).
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested All Points Media Works, LLC to provide the information necessary to achieve such operability and All Points Media Works, LLC has not made such information available.
All Points Media Works, LLC has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by All Points Media Works, LLC or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the All Points Media Works, LLC Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
4. Transfer
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your devices on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your device after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same device; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation All Points Media Works, LLC may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY
The Software is being delivered to you “AS IS” and All Points Media Works, LLC makes no warranty as to its use or performance. All Points Media Works, LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, All Points Media Works, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Telecommunications and Location Based Services
All Points Media Works, LLC has no responsibility for providing you connectivity to the Internet, wireless access, or any other telecommunications or location based services, necessary for you to receive or interact with the software or services. Licensee understands and acknowledges that the signals from the licensee’s device are transmitted over these telecommunications systems and utilize these technologies for location services. As such, if there is a failure or degradation with any of these systems it will prevent the software and service from operating or produce significant delay in delivery of messages. These conditions are outside the control of All Points Media Works, LLC.
8. Monitoring
All Points Media Works, LLC agrees to provide monitoring services to Licensee as follows: When All Points Media Works, LLC receives an alarm signal from Licensee’s device, All Points Media Works, LLC will make every reasonable effort to automatically contact persons on Licensee’s notification list, as supplied by licensee during the sign up process. If Company has reason to believe that no urgent issue exists, then we can choose not to make notification calls. Subscriber agrees that to for Company to perform effective monitoring services Licensee’s co-operation is essential and therefore Subscriber agrees to test the alarm system at least monthly and notify Company if the system appears not to function normally. Subscriber further agrees to keep Subscriber’s contact information updated and current by notifying Company of any changes Via the system’s built in update option or to remove and re-add contacts with the correct information, in writing or through Company’s web site by logging in and giving appropriate information at the indicated prompts.
9. TAXES and FEES:
Any applicable taxes, sales taxes, permit fees, false alarm fees or assessments with regard to Subscriber’s alarm system or the monitoring thereof, are the responsibility of Subscriber. Should Company be assessed any such charges specifically regarding Subscriber’s alarm system or the monitoring thereof Company shall bill such charges to Subscriber’s credit card.
10.Third Party Indemnification
In the event any person not a party to this agreement, shall make a claim or file a lawsuit against the Company, for any reason relating to our duties and obligations pursuant to this agreement, you agree to indemnify defend and hold harmless Company, its agents, successors, assigns and employees.
11. Disclaimers
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, OR RELATED TO THE SOFTWARE OR OR ITS USE, OR PERFORMANCE OR NON-PERFORMANCE OF ANY SOFTWARE, HARDWARE, SERVICE, OR ANY THIRD PARTY PRODUCTS AND SERVICES REFERENCED HEREIN, ARE HEREBY EXCLUDED. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR PROVINCE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES AND CONDITIONS. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO THE SOFTWARE TO THE EXTENT THEY CANNOT BE EXCLUDED AS SET OUT ABOVE, BUT CAN BE LIMITED, ARE HEREBY LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU FIRST ACQUIRED THE SOFTWARE OR THE ITEM THAT IS THE SUBJECT OF THE CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL ALL POINTS MEDIA WORKS, LLC BE LIABLE FOR ANY TYPE OF DAMAGES RELATED TO THIS SOFTWARE OR ITS USE, OR PERFORMANCE OR NON-PERFORMANCE OF ANY SOFTWARE, HARDWARE, SERVICE, OR ANY THIRD PARTY PRODUCTS AND SERVICES REFERENCED HEREIN INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING DAMAGES: DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH ALL POINTS MEDIA WORKS, LLC PRODUCTS OR SERVICES, DOWNTIME COSTS, LOSS OF THE USE OF ALL POINTS MEDIA WORKS, LLC PRODUCTS OR SERVICES OR ANY PORTION THEREOF, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF ALL POINTS MEDIA WORKS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, ALL POINTS MEDIA WORKS, LLC SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO ALL POINTS MEDIA WORKS, LLC AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AUTHORIZED ALL POINTS MEDIA WORKS, LLC DISTRIBUTORS, MEMBERS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND INDEPENDENT CONTRACTORS
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF ALL POINTS MEDIA WORKS, LLC OR ANY AFFILIATES OF ALL POINTS MEDIA WORKS, LLC HAVE ANY LIABILITY ARISING FROM OR RELATED TO USE OF THE SOFTWARE AND OR SERVICE.
THE SOFTWARE AND SERVICES ARE NOT SUITABLE FOR USE IN MISSION CRTICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIREING FAIL-SAFE CONTROLS.
12. LIMITATION OF LIABILITY
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, All Points Media Works, LLC AND ITS SERVICE PROVIDERS, INCLUDING GEOS, HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE, COSTS OR EXPENSES WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THIS SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY YOU OR SOMEONE AUTHORIZED BY YOU TO UTILIZE THE SERVICE.
12.2 ALL POINTS MEDIA WORKS, LLC and GEOS EXCLUDES ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OF OMISSIONS OF THIRD PARTY PROVIDERS, INCLUDING GEOS, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE GPS SATELLITE SYSTEM, THE MOBILE COMMUNICATIONS INFRASTRUCTURE, THE MOBILE HANDSET, THIS SERVICE OR THE ALARM MONITORING AND RESPONSE PROVIDED BY GEOS.
12.3 ALL POINTS MEDIA WORKS, LLC AND ITS SERVICE PROVIDERS, INCLUDING GEOS, SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THIS AGREEMENT IN RESPECT TO ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY:
12.4 MATTER’S OUTSIDE OF ALL POINTS MEDIA WORKS’ OR ITS SERVICE PROVIDERS’ REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS INDUCED INTO DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR
12.5 FAILURE OF OR DELAY IN THE IERCC RESPONDING TO ALARM SIGNAL(S)
12.6 In no event shall Application Provider’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.
13. Export Rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
14. Governing Law
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This Agreement shall be governed by and interpreted in accordance with the laws of the state of Michigan, of the United States of America. The federal eastern district of Michigan or state courts located in within Macomb County in the state of Michigan shall have jurisdiction to hear any dispute under this Agreement. |
15. General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by an authorized member of All Points Media Works, LLC. Updates may be licensed to you by All Points Media Works, LLC with additional or different terms. This is the entire agreement between All Points Media Works, LLC and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
16.Notice to U.S. Government End Users
The Software and 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. For U.S. Government End Users, All Points Media Works, LLC agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
17. Compliance with Licenses
If you are a business or organization, you agree that upon request from All Points Media Works, LLC or All Points Media Works, LLC ‘s authorized representative, you will within thirty (30) days fully document and certify that use of any and all All Points Media Works, LLC Software at the time of the request is in conformity with your valid licenses from All Points Media Works, LLC.
If you have any questions regarding this Agreement or if you wish to request any information from All Points Media Works, LLC please use the address and contact information included with this product to contact the All Points Media Works, LLC office serving your jurisdiction.
All Points Media Works, LLC, SafetyGrid, and SafetyGrid LITE are either registered trademarks or trademarks of All Points Media Works, LLC in the United States and/or other countries.
18. Force Majeure
Notwithstanding any other provision of this Agreement, neither party shall be in default or breach of this Agreement for failure to fulfill it’s obligations when due to or contributed by causes beyond it’s reasonable control. An act of Force Majeure shall be deemed to include: an act of god such as without limitation a fire, flood, earthquake, epidemic, volcanic eruptions, adverse weather conditions, storm, hurricane, or other natural disaster, a strike, lock-out, labor dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the Internet or other telecommunications facility, network or means of telecommunication, computer virus or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.
19. Additional Terms applicable to Software for Apple Handheld Devices.
19.1 Acknowledgement: The Parties acknowledge that this Agreement is concluded between us only, and not with Apple and that Apple has no responsibility for the Software. Further, nothing herein abrogates or reduces Apple’s Usage Rules for the Software or is intended to conflict with, the App Store Terms of Service as of the Effective Date.
19.2 Scope of License: The license granted to you for the Software for use on Apple products is limited to a non-transferable license to use the Software on any iPhone or iPod touch that You own or control and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service.
19.3 Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
19.4 Warranty: In the event of any failure of the Software to conform to the warranty in this Agreement, You may notify Apple, and Apple will refund the purchase price for the Software to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this Agreement.
19.5 Product Claims: The Parties acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.
19.6 Intellectual Property Rights: The Parties acknowledge that, in the event of any third party claim that the Software or Your possession and use of that Software infringes that third party’s intellectual property rights, that Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
19.7 Legal Compliance: You represent that you are not located in a country subject to 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.
19.8 Third Party Beneficiary: The Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.