iOS LICENSED APPLICATION – END USER LICENSE AGREEMENT
READ THE FOLLOWING LEGAL AGREEMENT IN DETAIL. THIS IS A BINDING, ENFORCEABLE AGREEMENT BETWEEN YOU AND LEVELD, LLC. (“Licensor”) WTH REGARD TO LEVELD APPLICATIONS, INCLUDING THE LEVELD APPLICATION FOR RENTING AND OTHERWISE LOANING AND USING EQUIPMENT, TOOLS, AND OTHER PRODUCTS VIA THE LEVELD APPLICATION WHICH INCLUDES COMPUTER SOFTWARE, HARDWARE, ASSOCIATED MEDIA, FILES AND OTHER DOCUMENTS (COLLECTIVELY, THE “SOFTWARE”). IF YOU AGREE TO THIS LICENSE AGREEMENT ON BEHALF OF ANOTHER PERSON OF ENTITY, INCLUDING, WITHOUT LIMITATION, YOUR CUSTOMER OR CLIENT, OR A HOMEOWNER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, CAPACITY, AND AUTHORITY TO BIND THAT PERSON OR ENTITY TO THIS LICENSE AGREEMENT AND YOUR AGREEMENT TO THIS LICENSE AGREEMENT WILL BE TREATED AS THE AGREEMENT OF THAT PERSON OR ENTITY AND ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT SHALL BE BINDING UPON THAT PERSON OR ENTITY. IN THAT EVENT, “YOU” AND “YOUR” AND “END USER” WILL INCLUDE AND APPLY TO THAT PERSON OR ENTITY.
BY INSTALLING THE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT WITH LICENSOR. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THE AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT BUT HAVE ALREADY DOWNLOADED THE APPLICATION, IMMEDIATELY DELETE IT.
Relationship of Parties.This Agreement is between you (as Licensee) and LEVELD, LLC (as Licensor), and not with Apple. Licensor, not Apple, is solely responsible for the Licensed Application and the content thereof. “Licensed Application” as used herein refers to the Application that is subject to the license granted under this Agreement. The Licensed Application and any related documentation is licensed, not sold, to you, subject to the terms and conditions herein. Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.
Scope and Grant of License.Conditioned upon your compliance with the terms and conditions of this Agreement, Licensor grants to you a limited, revocable, non-transferable, non-exclusive, personal, non-sublicensable, non-assignable license to install and use the Licensed Application on a single Apple-branded mobile product running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions (the “Usage Rules”). LEVELD reserves the right to charge you a fee for the Software, use of certain features within the Software, upgrades to the Software and/or services provided in connection with the Software.
Limitations of Use.This license does not allow you to use the Licensed Application on any iOS Device that you do not own or control, and 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 download or use the Licensed Application in violation of any applicable laws or regulations. You agree that you will not use the Licensed Application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended. You may not give away, rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Application and, if you sell your iOS Device to a third party, you must remove the Licensed Application from the iOS Device before doing so. You agree that the Licensed Application contains proprietary information and trade secrets belonging to Licensor. 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 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). 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; in addition, any derivative works, improvements, inventions or works developed by you based upon or relating to the Licensed Application involving a breach of this Agreement shall be owned by Licensor.
No Warranties.Licensor does not warrant the functionality. Licensor does not warrant that the Licensed Application or Services will be compatible with your iOS Device or any other piece of hardware, software, equipment or device installed on or used in connection with your iOS Device. You acknowledge and agree that Licensor, Apple, and their agents shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
5. Maintenance; Support; Updates and Upgrades.Updates and Upgrades. Neither Licensor nor Apple is obligated to provide any maintenance or support services with respect to the Licensed Application, or to provide you with updates, fixes, modifications, upgrades or services related thereto. The terms of this Agreement will govern any updates, fixes, modifications, upgrades or services provided by Licensor in its sole discretion, unless such update, fix, modification, upgrade or service is accompanied by a separate agreement in which case the terms of that agreement will govern.
Privacy.Any information that you provide to LEVELD shall become the sole and exclusive property of LEVELD upon submission. When you utilize the Software, input data into the Software and/or generate solutions or other information, LEVELD uses technology and automatic data collection tools such as web beacons, cookies, embedded web links, and other information gathering tools to collect certain statistics, output and/or data related to your use of the Software. This data includes your internet protocol address, MAC address operating system used to access the Software, the version of the Software used by you, the information you input (including, but not limited to, your name and contact information, your customer’s/client’s name and contact information and/or system information, project information and any other information you provide or generate using the Software or any portion of such data), and the proposal or other information you generate or send using the Software. LEVELD uses the information it gathers to design and improve LEVELD’s Software, monitor unauthorized use of the Software, compile business and technical statistics, and market and promote LEVELD’s products (if you provide any consents required by law) and communicate with you and your customers/clients. If you are using the Software from a location outside of the United States, you acknowledge and agree that the data collected from your use of the Software will be exported to the United States. If you do not agree to such export then you should not use the Software.
The Software may allow you to store information for projects, rentals, inquiries, and other matters that you generate and/or update via the Software. If this option is available in the Software and you use this option, LEVELD may contact you and/or your client using the information you provide in order to follow up on your projects, rentals, or inquiries. LEVELD may share the information you provide on an individual and/or aggregate basis within LEVELD, with LEVELD’s related companies and/or with third parties in furtherance of LEVELD’s legitimate interests and to deliver the services we deliver to you, however, LEVELD does not sell or rent such information to third parties for the purpose of soliciting you for non-LEVELD products and services. In addition, LEVELD may disclose information that you have provided to LEVELD as permitted by local laws if LEVELD has a good faith belief that such disclosure is necessary to: (i) comply with the law or legal process served on LEVELD; or (ii) protect or defend the rights or property of LEVELD or others.
LEVELD collects information about your use of the LEVELD products that you control using the Software. This information includes the details of the types of LEVELD services that you utilize with the Software. LEVELD uses this information to assist in LEVELD’s understanding of your use of the Software and the LEVELD products and services that you usel with it (“usage information”). Where you have chosen this option, LEVELD may use your usage information to send you email alerts about your usage activities.
If you are providing information to LEVELD on behalf of another person or entity and/or if you are providing LEVELD with the information of another person or entity, you warrant and represent that you have the right, capacity and authority to provide and use that information.
Your Representations and Warranties.You represent and warrant that you are authorized to enter into this Agreement and comply with its terms. You further represent and warrant that you will at all times comply with your obligations hereunder and any applicable laws, regulations and policies, and user agreements which may apply to the Licensed Application. You assume full and unlimited liability for any use contrary to this Agreement whether such use has been enacted or caused directly or indirectly by you. You agree to defend, indemnify and hold harmless Licensor from and against any and all liability, loss, costs, or expenses (including without limitation, attorneys’ fees) arising from, related to, or in any way connected with or incurred in connection with your violation or breach of this Agreement or applicable laws, regulations or policies, your use of the Licensed Application or Third Party Materials or Services. Licensor reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any claims against Licensor without the express written consent and approval of Licensor. The indemnity obligations contained herein shall survive the termination of this Agreement.
Termination.This Agreement is effective until terminated by you or Licensor. The license granted to you in this Agreement will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this Agreement. You may terminate this Agreement by destroying all copies of the Licensed Application in your possession together with any related documentation. 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 and any related documentation. Licensor reserves the right to seek any and all remedies available at law or in equity in connection with your breach of this Agreement in addition to termination of this Agreement. Sections 1, 3, 4, and 8 - 20 shall survive the termination of this Agreement.
Services; Third-Party Materials.The Licensed Application may enable access to Licensor’s and/or third-party services and websites and may be used with certain products provided by Licensor (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. By using this Licensed Application in connection with an iTunes Store account, you agree to the latest iTunes Store Terms and Conditions and Usage Rules, which you may access and review at http://www.apple.com/legal/itunes/ww/.
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 neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
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 neither the Licensor nor Apple, nor their agents, is 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. Neither the Licensor nor Apple, nor their agents, 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 should not be relied upon as investment advice. 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, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor nor Apple, nor their agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of information, location data or any other data displayed or controlled by any Services.
You agree that the Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, patent, and trade secret laws and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Apple. 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, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or 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 neither Licensor nor Apple, nor their agents, is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the iOS Devices are not available in all languages or in all countries or regions. 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 use or access such Services and 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. Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You acknowledge and agree that while LEVELD may not currently have a fixed upper limit on the number of products, equipment, or items that may be rented or offered for rent, such fixed upper limits may be set by LEVELD at any time, at LEVELD’s sole discretion. Additionally, LEVELD may charge fees for these Services at any time, at its sole discretion, and without notice. If, as a part of using the Application, your number of product or equipment offerings or rentals is determined to be excessive, you acknowledge and agree that LEVELD may stop (permanently or temporarily) providing the transmission services (or any features within the Licensed Application) to you or to users generally at LEVELD’s sole discretion, without prior notice to you. You may also stop using the Licensed Application at any time. You do not need to specifically inform LEVELD when you stop using the Licensed Application. You acknowledge and agree that if LEVELD disables access to your account, you may be prevented from accessing Various Services, your account details or any files or other content which is contained in your account.
Proprietary Rights.The Licensed Application is protected by U.S. and international copyright, trademark and other intellectual property rights, statutory and common laws and international treaties. Licensor owns and retains all right, title and interest in and to the Licensed Application and related documentation, including but not limited to all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Licensed Application does not transfer to you any title to the intellectual property in the Licensed Application and you will not acquire any rights in the Licensed Application, except for the limited license expressly granted herein. You may not remove any proprietary notices or labels in connection with the Licensed Application or related documentation. In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, you will be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
NO WARRANTY.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, AND ANY PRODUCTS PROVIDED BY LICENSOR FOR USE OR ASSOCIATED THEREWITH, 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 ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND APPLE HEREBY DISCLAIM 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 OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR AND APPLE DO 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. LICENSOR MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE LICENSED APPLICATION OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE LICENSED APPLICATION OR THE THIRD-PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE LICENSED APPLICATION IS TO UNINSTALL AND CEASE USE OF THE LICENSED APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, APPLE OR THEIR 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. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability.TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR OR APPLE 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 OR APPLE HAVE 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 or Apple’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 its essential purpose.
High Risk Activities.The Licensed Application and any products provided by Licensor for use or associated therewith are not fault-tolerant and are not designed or intended for use in hazardous environments that require fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Licensed Application or associated products could lead directly to death, personal injury or severe physical or property damage, including without limitation, security services, and Licensor expressly disclaims any express or implied warranty of fitness for all such activities.
Export.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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons 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.
- The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Governing Law.The laws of the State of Alabama, 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. All actions relating to this Agreement shall be brought exclusively in a competent court in Mobile, Alabama or Mobile County, Alabama, and you agree to personal jurisdiction in such courts.
Miscellaneous.(a) This Agreement and all the policies referenced herein constitute the entire agreement between Licensor and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Licensor.
(b) The section titles in this Agreement are provided solely for convenience and have no legal or contractual significance.
(c) The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
(e) If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties or as necessary shall be deemed severable from this Agreement, and the remainder of this Agreement shall continue in full force and effect.
(f) You may not assign your rights under this Agreement to any party.
- Licensor reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. If Licensor materially modifies this Agreement, it will post the updated Agreement via a hyperlink or by other reasonable means now known or hereafter developed. Licensor will also update the “Last Updated Date” at the end of the Agreement. By continuing to use the Licensed Application after Licensor has posted a modification to the Agreement, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Licensed Application.
- Questions, Comments, and Contact Information.
If you have any questions, complaints and/or claims, you may contact Licensor at:
Apple is a trademark of Apple Inc. registered in the U.S. and other countries. App Store is a service mark of Apple Inc. IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. Use of these trademarks is subject to the Guidelines for Using Apple Trademarks and Copyrights published at http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html
LAST UPDATED: April 16, 2018