By downloading the Application from the Apple AppStore, and any update thereto (as permitted by
this License Agreement), You indicate that You agree to be bound by all of the terms
and conditions of this License Agreement, and that You accept this License
Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License
Agreement and is not bound by any provisions or obligations with regard to the
Application, such as warranty, liability, maintenance and support thereof. Zaka Manager , not Apple, is solely responsible for the
licensed Application and the content thereof.
2
.
2 This
license will also govern any updates of the
Application provided by Licensor that
replace, repair, and/or supplement the first
Application, unless a separate license is
provided for such update in which case the
terms of that new license will
govern.
2
.
3
You may not share or make the Application
available to third parties (unless to the degree
allowed by the Apple Terms and Conditions, and
with Zaka Manager 's
prior written consent), sell, rent, lend, lease
or otherwise redistribute the Application.
2
.
4 You
may not reverse engineer, translate,
disassemble, integrate, decompile,
integrate, remove, modify, combine, create
derivative works or updates of, adapt, or
attempt to derive the source code of the
Application, or any part thereof (except
with Zaka Manager
's prior written consent).
2
.
5 You
may not copy (excluding when expressly
authorized by this license and the Usage
Rules) or alter the Application or portions
thereof. You may create and store copies
only on devices that You own or control for
backup keeping under the terms of this
license, the App Store Terms of Service, and
any other terms and conditions that apply to
the device or software used. You may not
remove any intellectual property notices.
You acknowledge that no unauthorized third
parties may gain access to these copies at
any time.
2
.
6
Violations of the obligations
mentioned above, as well as the attempt of
such infringement, may be subject to
prosecution and damages.
2
.
7
Licensor reserves the right to modify
the terms and conditions of licensing.
2
.
8
Nothing in this license should be
interpreted to restrict third-party terms.
When using the Application, You must ensure
that You comply with applicable third-party
terms and conditions.
3. TECHNICAL
REQUIREMENTS
4. MAINTENANCE AND
SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and support
services for this licensed Application. You can reach the Licensor at the email
address listed in the App Store Overview for this licensed Application.
5. USER GENERATED
CONTRIBUTIONS
1. The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are
the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Application, and other users of the
Application to use your Contributions in any manner contemplated by the Application
and these Terms of Use.
3. You have
the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and
every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Application and these Terms of
Use.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of
people.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any third
party.
11. Your
Contributions do not contain any material that solicits personal information from
anyone under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your
Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
13. Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing
violates these Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Application.
6. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Application or making Contributions accessible to the Application by linking your
account from the Application to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to grant,
to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use
copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or
in part), and distribute such Contributions (including, without limitation, your
image and voice) for any purpose, commercial advertising, or otherwise, and to
prepare derivative works of, or incorporate in other works, such as Contributions,
and grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media, or technology
now known or hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided by you
in any area in the Application. You are solely responsible for your Contributions to
the Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations in the Application; and
(3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
7.
LIABILITY
8.
WARRANTY
(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.
10.
LEGAL
COMPLIANCE
You
represent and warrant that 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 that You are not listed
on any U.S. Government list of prohibited or restricted parties.
11.
CONTACT
INFORMATION
For general inquiries, complaints, questions or claims
concerning the licensed Application, please contact:
12.
TERMINATION
The license is valid until terminated by Zaka Manager or by You. Your rights under this
license will terminate automatically and without notice from Zaka Manager if You fail to adhere to any term(s)
of this license. Upon License termination, You shall stop all use of the
Application, and destroy all copies, full or partial, of the
Application.
In Accordance with Section 9 of the "Instructions for
Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries
shall be third-party beneficiaries of this End User License Agreement and - upon Your
acceptance of the terms and conditions of this license agreement, Apple will have the
right (and will be deemed to have accepted the right) to enforce this End User License
Agreement against You as a third-party beneficiary thereof.
This license agreement is governed by the laws of South Africa