Sports Alerts End User License Agreement
This End User License Agreement (“Agreement”) is between you and Luno Software, Inc. and governs use of this app made available through the Apple App Store. By installing the Sports Alerts app, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Sports Alerts app.
1. Parties
This Agreement is between you and Luno Software 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. Luno Software, not Apple, is solely responsible for the Sports Alerts app and its content.
2. Privacy
Sports Alerts may collect and use information about your usage of the Sports Alerts app, including certain types of information from and about your device. Luno Software may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Sports Alerts app.
3. Limited License
Luno Software grants you a limited, non-exclusive, non-transferable, revocable license to use the Sports Alerts app for your personal, non-commercial purposes. You may only use the Sports Alerts app on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Warranty
Luno Software disclaims all warranties about the Sports Alerts app to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Luno Software, not Apple, shall be solely responsible for such warranty.
5. Maintenance and Support
Luno Software does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Luno Software, not Apple, shall be obligated to furnish any such maintenance or support.
6. Product Claims
Luno Software, not Apple, is responsible for addressing any claims by you relating to the Sports Alerts app or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Sports Alerts 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.
7. Third Party Intellectual Property Claims
Luno Software shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Sports Alerts app. To the extent Luno Software is required to provide indemnification by applicable law, Luno Software, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Sports Alerts app or your use of it infringes any third party intellectual property right.