End User License Agreement
This copy of Cardible ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. A2Z Studios, LLC or its subsidiaries, affiliates, and suppliers (collectively "A2Z Studios") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
License Grant
Subject to your compliance with this Agreement, A2Z Studios grants you a limited, personal, non-exclusive, non-transferable, revocable license to download and install the Software Product on a device that you own or control, and to use the Software Product for your personal, non-commercial purposes. The Software Product is licensed, not sold, to you, and you acquire no ownership rights in it. A2Z Studios reserves all rights not expressly granted to you in this Agreement.
For further information regarding licensing of the Software Product, please contact:
Representative: Jay Sweeney
Address: 312 Aimes Drive, Dawsonville, Georgia 30534
Phone: 678-520-8865
Email: jay@a2zstudiosllc.com
Restrictions on Transfer
Without first obtaining the express written consent of A2Z Studios, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code for the Software Product, except to the extent that this restriction is expressly prohibited by applicable law.
You may not use the Software Product for any unlawful purpose, or in any manner that could damage, disable, overburden, or impair the Software Product or interfere with any other party's use of it.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently requires the creation of a temporary copy stored in device memory in the course of normal use.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY A2Z STUDIOS, A2Z STUDIOS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
A2Z Studios makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. A2Z Studios makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. A2Z STUDIOS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL A2Z STUDIOS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF A2Z STUDIOS OR ANY OTHER PARTY, EVEN IF A2Z STUDIOS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS A2Z STUDIOS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of A2Z Studios. A2Z Studios reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If A2Z Studios is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by A2Z Studios to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold A2Z Studios harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Georgia, without regard to Georgia's conflict or choice of law provisions.
Additional Terms for Apps Obtained from the Apple App Store
The following additional terms apply to the Software Product if you obtained it from the Apple App Store. By downloading or using the Software Product, you agree to these terms.
Acknowledgement. This Agreement is concluded between you and A2Z Studios only, and not with Apple Inc. ("Apple"). A2Z Studios, not Apple, is solely responsible for the Software Product and its content. This Agreement may not provide for usage rules for the Software Product that are in conflict with the Apple Media Services Terms and Conditions as of the date you entered into this Agreement.
Scope of License. The license granted to you for the Software Product is limited to a non-transferable license to use the Software Product on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Software Product may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support. A2Z Studios is solely responsible for providing any maintenance and support services for the Software Product, as specified in this Agreement or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the Software Product.
Warranty. A2Z Studios is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software Product to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software Product to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software Product, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be A2Z Studios' sole responsibility.
Product Claims. A2Z Studios, not Apple, is responsible for addressing any claims by you or any third party relating to the Software Product or your possession and/or use of the Software Product, including, but not limited to: (a) product liability claims; (b) any claim that the Software Product fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Software Product's use of any frameworks.
Intellectual Property Rights. In the event of any third-party claim that the Software Product or your possession and use of the Software Product infringes that third party's intellectual property rights, A2Z Studios, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints, or claims regarding the Software Product should be directed to: A2Z Studios, LLC, 312 Aimes Drive, Dawsonville, Georgia 30534; email jay@a2zstudiosllc.com; phone 678-520-8865.
Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Software Product.
Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.