This End User License Agreement (“Agreement”) is between you and Alpaca Tracker and governs use of this app made available through the Apple App Store. By installing the Alpaca Tracker App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Alpaca Tracker App.
- 1. Parties - This Agreement is between you and Alpaca Tracker 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. Alpaca Tracker, not Apple, is solely responsible for the Alpaca Tracker App and its content.
- 2. Limited License Alpaca Tracker grants you a limited, non-exclusive, non-transferable, revocable license to use the Alpaca Tracker App. You may only use the Alpaca Tracker App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
- 3. Maintenance and Support - Alpaca Tracker does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Alpaca Tracker, not Apple, shall be obligated to furnish any such maintenance or support.
- 4. Warranty - Alpaca Tracker disclaims all warranties about the Alpaca Tracker App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Alpaca Tracker, not Apple, shall be solely responsible for such warranty.
- 5. Product Claims -Alpaca Tracker, not Apple, is responsible for addressing any claims by you relating to thAlpaca Tracker App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Alpaca Tracker App 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.
- 6. Third Party Intellectual Property Claims - Alpaca Tracker shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Alpaca Tracker App. To the extent Alpaca Tracker is required to provide indemnification by applicable law, Alpaca Tracker, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Alpaca Tracker App or your use of it infringes any third party intellectual property right.6. Third Party Intellectual Property Claims - Alpaca Tracker shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Alpaca Tracker App. To the extent Alpaca Tracker is required to provide indemnification by applicable law, Alpaca Tracker, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Alpaca Tracker App or your use of it infringes any third party intellectual property right.
- 7. Legal Compliance - 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.
- 8. Developer - Brandon Lehr PO Box 6, Bloomingburg, OH 43106 - If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at blehr.mail@gmail.com.
- 9. Third Party Terms of Agreement - You must comply with applicable third party terms of agreement when using Alpaca Tracker (e.g. your wireless data service agreement).
- 10. Third Party Beneficiary - Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the your 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 this EULA against you as a third party beneficiary thereof.
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
