This End User License Agreement (“Agreement”) is between the end user (“You”) of the Licenced Application and Hydrotechnik UK Limited and governs use of this app made available through the Apple App Store. By installing the Licensed Application, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Licensed Application.
This Agreement is between you and Hydrotechnik UK Limited only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Hydrotechnik UK Limited, not Apple, is solely responsible for the Licensed Application and its content.
The Licensed Application may collect and use information about your usage of the Licensed Application, including certain types of information from and about your device. Hydrotechnik UK Limited may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Licensed Application.
Hydrotechnik UK Limited grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application for your personal, non-commercial purposes. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, 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 transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), 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 (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
Restrictions on Use
In addition to the above scope of license there are other restrictions on use. You may not use this Licensed Application for projects within the entertainment industry. This will include, but is not limited to, usage in theatres, festivals, gigs and performances. You may not use this Licensed Application for projects within hazardous areas such as offshore or areas deemed as requiring any level of ATEX certification. If You breach these restriction, You may be subject to litigation and damages.
Hydrotechnik UK Limited disclaims all warranties about the Licensed Application to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Hydrotechnik UK Limited, not Apple, shall be solely responsible for such warranty.
Maintenance and Support
Hydrotechnik UK Limited does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Hydrotechnik UK Limited, not Apple, shall be obligated to furnish any such maintenance or support.
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.
Hydrotechnik UK Limited, not Apple, is responsible for addressing any claims by you relating to the Licensed Application or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
Third Party Intellectual Property Claims
Hydrotechnik UK Limited shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Licensed Application. To the extent Hydrotechnik UK Limited is required to provide indemnification by applicable law, Hydrotechnik UK Limited, not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Licensed Application or your use of it infringes any third party intellectual property right.
Third Party Beneficiary
Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
In the unlikely event you are not fully satisfied with the Licensed Application or have any questions, or require support please contact:
Hydrotechnik UK Limited 1,Central Park,Lenton Lane,Nottingham,NG7 2NR
- Email: email@example.com
- Telephone: +44 (0) 1159 003550