You acknowledge that the EULA is concluded between Math Games and you only, and not with Apple, and Math Games, not Apple, is solely responsible for the Licensed Application and the content thereof. The EULA does not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date.
2. Scope of License
The license granted to you for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support
Math Games is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Math Games and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Math Games is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. For Paid Licensed Applications, 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 Math Games sole responsibility.
5. Product Claims
You acknowledge that Math Games, not Apple, is responsible for addressing any claims of you or any third party relating to the 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 or similar legislation. The EULA may not limit Math Games liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights
Math Games and you acknowledge that, in the event of any third party claim that the Licensed Application and use of that Licensed Application infringes that third partyâ€™s intellectual property rights, Math Games, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that (i) 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 â€œterrorist supportingâ€ country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
Math Games is the developer of the Application. Our address is Comandante Izarduy 99 Sant Just Desvern, Barcelona 08960 Spain and we can be contacted at [email protected]
9. Third Party Terms of Agreement
You agree to and comply with the applicable Third Party Services Terms of Agreements. Third-Party Applications interoperate with the Licensed Application to provide services in the Licensed Application. Not all Third-Party Applications are required in the Licensed Application. Math Games maintains service agreements with each of the Third-Party Application providers. Math Games is in compliance with and agrees to the terms and conditions of use for each Third-Party Application and by extension, you agree to those terms and conditions. The Third-Party Applications include but are not limited to GoogleÂ® Maps, Facebook, Twitter, Flurry Analytics, Google Analytics and Amazon Web Service. No purchase of third-party products or services is required to use the Licensed Application. For further information about certain Third Party Applications and your privacy, refer to Math Gamess.
10. Third Party Beneficiary
Math Games and you acknowledge and agree that Apple, and Appleâ€™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.