ELEMENTS BEHAVIORAL HEALTH
IPROMISES END USER LICENSE AGREEMENT
- 1. License. Subject to the terms of this EULA, Elements grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and execute one copy of the Licensed Application, in executable object code format only, solely (a) on your iPhone Mobile Device (defined in the Agreement) that you own or control, (b) for your use of the Service (as defined in the Agreement) for your personal, non-commercial purposes, and (c) as permitted by the Usage Rules set forth in the then-current App Store Terms of Service between you and Apple.
- 2. Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Application or make the Licensed Application available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Licensed Application; (c) you shall not access the Licensed Application in order to build a similar or competitive product or service; (d) no part of the Licensed Application may be copied, reproduced, distributed, republished, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (e) any future release, update, or other addition to functionality of the Licensed Application provided by Elements (if any) shall be subject to the terms of this EULA unless Elements expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Licensed Application and all copies thereof.
- 3. Ownership. The Licensed Application and all worldwide copyrights, trade secrets, and other intellectual property rights therein, are the exclusive property of Elements and its licensors. All rights in and to the Licensed Application not expressly granted to you in this EULA are reserved by Elements and its licensors.
- 4. Apple Disclaimers; Third-Party Beneficiary. Apple disclaims all warranties with respect to the Licensed Application and any obligation to provide any maintenance and support services with respect to the Licensed Application. Apple will have no responsibility for addressing your or a third-party’s claims relating to the Licensed Application or your use or possession of the Licensed Application, including any product liability claims, claims that the Licensed Application does not conform to any applicable legal or regulatory requirement, or claims arising under consumer protection or similar laws. Apple further disclaims any responsibility for investigating, defending, settling, or discharging any third-party claim that the Licensed Application or your use or possession of the Licensed Application infringes that third party’s intellectual property rights. You acknowledge and agree that Apple and its subsidiaries are each third-party beneficiaries of this EULA and each will have the right to enforce this EULA against you.
- 5. Term and Termination. This EULA and the license granted hereunder are effective on the date you download the Licensed Application and shall continue unless this EULA is terminated by either party for any reason or no reason. Your rights under this EULA will terminate automatically without notice from Elements if you fail to comply with any term(s) of this EULA. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Licensed Application in your possession, but the terms of Sections 2-10 will remain in effect.
- 6. For U.S. Government End Users. The Licensed Application is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Application is provided to U.S. Government End Users (a) only as a commercial end item and (b) with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
- 7. Legal Compliance. The Licensed Application and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Licensed Application and related technology, as may be required. You represent and warrant that you (a) are not located in a country subject to an U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) are not listed on any U.S. Government list of prohibited or restricted parties. You will indemnify and hold Elements harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your representations, warranties, covenants, or obligations under this section.
- 8. Miscellaneous. Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Any notice to you may be provided by email. The Licensed Application is deemed irrevocably accepted upon your download thereof. Elements will have no responsibility to provide maintenance or support services with respect to the Licensed Application. You will comply with all applicable third-party agreements in connection with your use of the Licensed Application. Sections 4.2 (Feedback), 9 (Warranty Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 15 (Electronic Communications), 16 (General), 17 (Changes), and 18 (Trademark and Copyright Notice) of the Agreement are hereby incorporated herein by reference together with any necessary conforming changes and made part of this EULA.
- 9. Questions or Additional information. If you have questions regarding this EULA, or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org. Elements Behavioral Health is located at: 17785 Center Court Drive, Cerritos, CA 90703
This EULA was last revised: 5/26/2010