Author End User Software License Agreement
THIS IS A SOFTWARE LICENCE AGREEMENT BETWEEN THE AUGMENTED TEXT COMPANY LTD (registered in England and Wales with number 10053794 whose registered office is at 7 Johnston Road, Woodford Green, IG8 0XA) (the ‘LICENSOR’) AND YOU.
The software is exclusively available through the Apple Inc ‘macOS App Store’ but this agreement is solely between you and The Licensor.
Scope of License: The license granted to you for the Licensed Application (Author) and is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products which you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE AUGMENTED TEXT SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. Licence
Upon accepting the terms of this agreement, the Licensor grants you, the licensee (“you”), a non-exclusive, non-transferable limited licence to use the accompanying ‘Author’ macOS software, including (if applicable) electronic documentation and associated material (the “Software”) strictly in accordance with the terms and conditions of this licence agreement. This licence agreement enables you to use the software and is subservient to your agreement with the Apple macOS App Store purchase agreement.
2. Payment
The licence fee payable is as set out on the macOS App Store according to your agreement with Apple.
3. Restrictions
This licence agreement does not entitle you to use any other operating system versions of the Software unless you have entered into a separate licence agreement for such versions.
4. Disclaimer
The Software is provided on an “as is” basis and all warranties express or implied are excluded to the fullest extent permitted by law. The Licensor does not warrant that the Software will be error-free or that any such errors will be corrected and you are solely responsible for all costs and expenses associated with rectification, repair or damage caused by such errors. You acknowledge that the Licensor provides a free trial version of the Software for evaluation by you to see if the Software meets your requirements.
The Licensor does not warrant that:
(i) the Software will meet your requirements;
(ii) your use of the software will be uninterrupted, timely, secure, or free from error; or
(iii) any information obtained by you as a result of your use of the Software will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from the Licensor shall create any warranty not expressly stated in this licence agreement.
5. Limitation of Liability
Except for death or personal injury arising from the licensor's negligence, the licensor excludes and disclaims all liability for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this licence agreement, the software, its use or otherwise. Licensor expressly excludes liability for indirect, special, incidental or consequential loss or damage howsoever caused even if advised of the possibility of such damages. Notwithstanding the foregoing, in the event that the licensor incurs any liability whatsoever then such liability is limited to the cost paid by you for the software.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6. Updates and Defects
The Licensor grants you a licence of the Software in its current version only. New features are added at the sole discretion of the Licensor. While minor updates may be made available on the website free of charge, nothing in this licence agreement guarantees such updates and the Licensor reserves the right to charge for major updates.
Nothing in this agreement constitutes a promise about future features or versions of the Software.
In the event that:
(i) the Software does not comply with the express terms of this licence agreement;
(ii) the usability of the Software is affected severely and sustainably; or
(iii) any bug or severe anomaly could not be detected during the use of the free trial version then the Licensor may, at any time up to six months from the date of purchase, at its sole and absolute discretion either replace the Software free of charge to you or refund the purchase price.
While the Licensor and its staff will always do their best to assist, nothing in this licence agreement constitutes a promise of support.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Licensor.
7. General
The Licensor shall at all times remain the sole owner of all intellectual property and like proprietary rights subsisting in or used in connection with the Software or created by unlawful use of the Software. The respective author of text created using the Software shall be the owner of all intellectual property rights in that text.
The Licensor may terminate this licence agreement immediately at any time if you are in breach of any of the terms and conditions of this licence agreement. You may also terminate this agreement at any time.
This agreement shall be construed in accordance with and governed by English law and subject to the non-exclusive jurisdiction of the English courts.
8. Product Claims
The Licensor, not Apple., is responsible for addressing any claims you or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (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.
9. Intellectual Property Rights
In the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, The Licensor will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
10. Legal Compliance
As the end user, you must represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
11. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the Licensed Application.
12. Third Party Beneficiary
You and The Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
13. Developer Name and Address
The Licensor; The Augmented Text Company LTD is located at Rugby Chambers, 2 Rugby Street, London, United Kingdom, WC1N 3QU and can be contacted via email at hello@augmentedtext.info where you may address questions, complaints or claims with respect to the Licensed Application.
Please contact us should you have any questions