Journey (referred to in this End User License Agreement as “Licensor”) is the Licensor of the Products. By downloading or using the Products or Licensed Applications, you are deemed to have agreed and accepted the following terms and conditions.
1. Contract
You agree that this End User License Agreement (“License”) is between You and the Licensor only. If You have any questions with respect to the Licensed Applications or Products you may contact the following persons for further information:
Two App Studio Pte. Ltd.
Email Address: help at 2appstudio.com
2. License Only
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this License, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The Licensor reserves all rights not expressly granted to You. The Product that is subject to this License is referred to in this License as the “Licensed Application.” Scope of License: This License granted to You for the Licensed Application by Licensor is limited to a non-transferable license to use the Licensed Application on any iPhone, iPod touch, iPad or iOS Product (“Apple Mobile Device”) that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This License does not allow You to use the Licensed Application on any Apple Mobile 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 (except as and only to the extent 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). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by the Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Consent to Use of Data
You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. The Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
4. Consent for location based services
You acknowledge that some of the Licensed Applications downloaded by You may provide location-based service or functionality, or use location-based API’s for real time navigation (including but not limited to turn by turn route guidance and other routing). If You download and/or use such Licensed Applications, You expressly consent to Your location data being collected, transmitted or otherwise used by the Licensor or third parties. You agree that use of any Licensed Applications which has real time route guidance applications is at Your sole risk and that the location data may not be accurate.
5. Termination
The License is effective until terminated by You or the Licensor. You or the Licensor may elect to terminate the License at any time. Your rights under this License will also terminate automatically without notice from the Licensor 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. Licensor may at any time without giving You prior notice terminate the License and withdraw or deny Your access to the Licensed Application at any time and You may no longer use the Licensed Application.
6. Services; Third Party Materials.
6.1. The Licensed Application may enable access to Licensor’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service and You will not violate any such additional terms of service.
6.2. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
6.3. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
6.4. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
6.5. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Mobile Devices are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
7. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. No Maintenance or Support Services
You acknowledge that neither the Licensor nor Apple Inc or its subsidiaries have any obligation whatsoever to furnish any maintenance or support services with respect to the Products or Licensed Applications.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’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.
10.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
11.
Licensor retains all unpublished-rights reserved under the copyright laws of Singapore.
12. Indemnity
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Licensor’s request, defend Licensor, its directors, officers, employees, independent contractors and agents (each a “Licensor Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes expenses and costs, including without limitation, attorneys’ fees and court costs (collectively “Losses”), incurred by a Licensor Indemnified Party and arising from or related to any of Your breach of any terms and conditions of this End User License Agreement. You further acknowledge that the Licensed Applications may contain or incorporate third party software. If you fail to comply with the terms of this License You may also be in breach of third party software licenses and legal action may be taken against You or the Licensor by the third party for such default. You agree that You will indemnify the Licensor against all Losses arising from any breaches of third party software licenses incurred by You.
13. Apple Inc as Third Party Beneficiaries
You acknowledge that Apple Inc and its subsidiaries are third party beneficiaries to this License and upon acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against You as a third party beneficiary thereof. Notwithstanding Apple Inc’s rights under this License, You acknowledge that Apple Inc and its subsidiaries have no obligation whatsoever to furnish any maintenance or support services with respect to the Products or Licensed Applications.
14.
This Licence is to be read in conjunction with the Terms of Service posted on the Apple iTunes Store (App Store) where the Products are made available. In case of any conflict between the terms of this Licence and the Apple Terms of Service, the former shall prevail.
15. No Waiver
The failure of Licensor to enforce at any time any of the provisions of this License shall not be construed to be a waiver of the rights of Licensor thereafter to enforce any such provisions.
16. No Assignment
All rights and obligations under this License are personal to You and You shall not assign any such rights and obligations to any third party.
17. Entire Agreement
This License contains the entire agreement between You and the Licensor hereto regarding the subject matter hereof, and supersedes all prior agreements, understandings and negotiations regarding the same.
18. Variation
The Licensor may amend the terms of this License at any time.
19. Severance
Should any one or more of the provisions of this License be held invalid or unenforceable by a court of competent jurisdiction, it shall be considered severed from this License and shall not serve to invalidate the remaining provisions thereof. The Parties shall make a good faith effort to replace any invalid or unenforceable provision with a valid and enforceable one such that the objectives contemplated by them when entering this License may be realized.
20. Governing law
The laws of the Republic of Singapore, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.