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. Veith & Pour GmbH , not Apple, is solely responsible for the
licensed Application and the content thereof.
The Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Application. You may
not use the Application in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
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 Veith & Pour GmbH '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 Veith & Pour GmbH
'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. USE OF
DATA
6.
LIABILITY
7.
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.
9.
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.
10.
CONTACT
INFORMATION
For general inquiries, complaints,
questions or claims concerning the licensed Application, please contact:
11.
TERMINATION
The license is valid until terminated
by Veith & Pour GmbH or by You. Your rights under this
license will terminate automatically and without notice from
Veith & Pour GmbH 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 Austria