INFLIGHTO END USER LICENSE AGREEMENT

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END USER LICENSE AGREEMENT

INFLIGHTO PTY LTD End­ User License Agreement EULA ("Agreement")

 

Last updated: 2 September 2017

 

Please read this End ­User License Agreement ("Agreement") carefully before downloading or using the INFLIGHTO ("Application").

 

By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

 

If you do not agree to the terms of this Agreement, DO NOT download or use the INFLIGHTO Application.

 

License

INFLIGHTO PTY LTD grants you a revocable, non-­exclusive, non-­transferable, limited license

to download, install and use the Application solely for your personal, non­-commercial purposes

strictly in accordance with the terms of this Agreement and Terms of Use.

 

Acknowledgment

INFLIGHTO PTY LTD and the End-User acknowledges that this EULA is concluded between INFLIGHTO PTY LTD and the End-User only, and not with Apple.

 

Scope of License

The license granted to the End-User is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via

Family Sharing or volume purchasing.

 

Restrictions

You agree not to, and you will not permit others to: license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

 

Maintenance and Support

INFLIGHTO PTY LTD is responsible for providing any maintenance and support

services with respect to the Licensed Application as required under applicable law.

INFLIGHTO PTY LTD and the End-User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

Warranty

INFLIGHTO PTY LTD is responsible for any warranty in accordance with the Tems of Use of the INFLIGHTO APP.  In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the

purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.  Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be in accordance with the INFLIGHTO Terms of Use.

 

Product Claims

INFLIGHTO PTY LTD and the End-User acknowledge that, Apple, are NOT 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: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.  Any product claims are in accordance with the Terms of Use of the INFLIGHTO APP.

 

Intellectual Property Rights

INFLIGHTO PTY LTD 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 that third party’s intellectual property rights INFLIGHTO PTY LTD, and NOT Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

Legal Compliance

The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

 

Modifications to Application

IN-FLIGHTO PTY LTD reserves the right to modify, suspend or discontinue, temporarily or

permanently, the Application or any service to which it connects, with or without notice and without

any liability to you as an End User.

 

 

Term and Termination

This Agreement shall remain in effect until terminated by you or INFLIGHTO PTY LTD.

INFLIGHTO PTY LTD may, in its sole discretion, at any time and for any or no reason,

suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from INFLIGHTO PTY LTD, in

the event that you fail to comply with any provision of this Agreement. You may also terminate this

Agreement by deleting the Application and all copies thereof from your mobile device.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies

of the Application from your mobile device.

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be

changed and interpreted to accomplish the objectives of such provision to the greatest extent

possible under applicable law and the remaining provisions will continue in full force and effect.

 

Amendments to this Agreement

INFLIGHTO PTY LTD reserves the right, at its sole discretion, to modify or replace this

Agreement at any time which will be published on the inflighto.com website and Applications.

 

The End User agrees to this EULA, Terms of Use of the INFLIGHTO APP and the compliance with the usage rules for Licensed Applications in accordance with the App Store Terms of Service at 13 September, 2016 or as varied from time to time which the End User has had the opportunity to review.

 

 

Third Party Terms of Agreement

The End-User must comply with applicable third party terms of agreement when using the INFLIGHTO APP and must not be in violation of their wireless data service agreement when using this Application.

 

Third Party Beneficiary

INFLIGHTO PTY LTD and the End-User acknowledge and agree that Apple, and Apple’s

subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

 

Contact Information

If you have any questions about this Agreement, please contact us.

INFLIGHTO PTY LTD

[email protected]

+61 490 888 018

 

Developer Name and Address:

Inflighto Pty Ltd

P.O. Box 752
Sydney NSW
Australia 2001