Software License Agreement
Agave ISY Controller for iPhone/iPad End-User License Agreement (EULA)
Last updated: December 31, 2018
This End-User-License Agreement (this “Agreement”) is a legal contract between you as an individual or an Entity (as defined below), and EIP LLC. This agreement is not between you and Apple. EIP LLC is solely responsible for Agave.
Read the terms and conditions of this agreement carefully before downloading, installing, obtaining a license key, or otherwise accessing or using Agave ISY Controller for iPhone/iPad proprietary software accompanied by this agreement (the "Software", "Agave").
This software is licensed to you under this agreement, not sold to you. By downloading, installing, obtaining a license key, or otherwise accessing or using Agave, you acknowledge that you have read this agreement, that you understand it, and that you accept and agree to be bound by its terms. If you are accepting this agreement on behalf of a company, organization, educational institution, or agency, instrumentality or department of a government (an "Entity") as its authorized legal representative, then you represent and warrant that you have the power and authority to bind such entity to these terms, and references to "You" herein refer to both you, the individual end user, and the entity on whose behalf you are accepting this agreement.
If at any time you are not willing to be bound by the terms of this agreement, you should click the "I Do Not Accept" or similar button, terminate the download and/or installation process, immediately cease and refrain from accessing or using the software and uninstall any copies you may have. This agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between you and EIP LLC concerning the software, and this agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with EIP LLC relating to the software, whether orally or in writing.
Scope of License
The license granted to you for Agave is a non-transferable license to use Agave on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Store Terms of Service. Agave may be accessed and used only by the account used to purchase Agave (unless, at some future date, Apple makes in-app purchases available for access and use by other accounts associated with the purchaser via Family Sharing).
Maintenance and Support
EIP LLC is solely responsible for providing any maintenance and support services with respect to Agave. You must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Agave.
Agave is provided without warranty, express or implied. You should make use of the extensive free trial to ensure that Agave is suitable for your needs prior to purchase. In the event of any failure of Agave to conform to your expectations, you may notify Apple, and Apple may choose to refund the purchase price for Agave. To the extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Agave, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
You acknowledge that EIP LLC, not Apple, is responsible for addressing any claims of you or any third party relating to Agave or your possession and/or use of Agave, including, but not limited to: (i) product liability claims; (ii) any claim that Agave fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, as permitted by applicable law.
Intellectual Property Rights
You acknowledge that, in the event of any third party claim that Agave or your possession and use of Agave infringes that third party’s intellectual property rights, EIP LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You must 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.
Developer Name and Address
Any questions, complaints, or claims with respect to Agave should be directed firstname.lastname@example.org
3155 Bluestem Dr. #377
West Fargo, ND 58078
Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using Agave. For example (but not limited to these examples), you must not be in violation of your wireless data service agreement or any terms for use of your Universal Devices ISY device or the Universal Devices ISY Portal.
Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.