End User License Agreement
This End User License Agreement ("EULA") is a binding contract between you ("You") and Ethan Narvaes ("Licensor"). By downloading or using the Noirchive mobile application ("Application"), You agree to be bound by this EULA. If You do not agree, do not install or use the Application.
This EULA supplements, but does not replace, the Noirchive Terms of Service.
1. License Grant
Licensor grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the Application on a mobile device that You own or control, solely for Your personal, non-commercial use, subject to this EULA, the Terms of Service, and the Usage Rules of the applicable app store (Apple App Store or Google Play).
2. Restrictions
You may not, and may not permit any third party to:
- Copy, modify, or create derivative works of the Application.
- Reverse-engineer, disassemble, decompile, or otherwise attempt to derive source code, except to the extent expressly permitted by applicable law.
- Rent, lease, lend, sell, sublicense, distribute, or transfer the Application.
- Remove or alter any proprietary notices or labels.
- Use the Application for any purpose prohibited by law or by the Terms of Service.
3. Ownership
The Application is licensed, not sold. Licensor retains all right, title, and interest in and to the Application, including all intellectual property rights.
4. Maintenance and Support
Licensor, not Apple or Google, is solely responsible for any maintenance or support related to the Application, as required by this EULA or applicable law. Apple and Google have no obligation to furnish any maintenance or support services.
5. Warranty
To the maximum extent permitted by applicable law, the Application is provided "AS IS" with all faults and without warranty of any kind. Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
In the event of any failure of the Application to conform to any applicable warranty: (a) You may notify Apple, and Apple will refund the purchase price for the Application, if any; and (b) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
6. Product Claims
Licensor, not Apple or Google, is responsible for addressing any claims by You or any third party relating to the Application or Your use of it, including: (i) product liability claims; (ii) any claim that the Application fails to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy, or similar legislation.
7. Intellectual Property Claims
In the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, Licensor (not Apple or Google) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
8. Third-Party Beneficiary (Apple)
You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon 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.
9. Termination
This EULA is effective until terminated by You or Licensor. Your rights automatically terminate without notice if You fail to comply with any term of this EULA. Upon termination, You must cease all use of the Application and delete all copies.
10. Export Controls
You may not use or export or re-export the Application except as authorized by U.S. law and the laws of the jurisdiction in which the Application was obtained.
11. Governing Law
This EULA is governed by the laws of the State of Hawaii, USA, excluding its conflict of law principles.