This End User License Agreement (“EULA”) is a legal agreement between you (“you”, the “Licensee”) and Luduslabs Ltd(“us”, “we”, the “Licensor”) governing your use of the Foremates mobile application (the “Licensed Application”).
By downloading, installing or using the Licensed Application, you agree to this EULA. If you do not agree, do not install or use the Licensed Application. This EULA supplements our Terms of Service and Privacy Policy.
1. Scope of Licence
Subject to your compliance with this EULA, Luduslabs Ltd grants you a non-transferable, non-exclusive, revocable licence to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Apple Media Services Terms and Conditions. This licence does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.
2. Consent
You acknowledge that this EULA is between you and Luduslabs Ltd only, and not with Apple Inc. (“Apple”). Luduslabs Ltd, not Apple, is solely responsible for the Licensed Application and its content.
3. Permitted & Restricted Uses
You may use the Licensed Application for your personal, non-commercial use. You agree not to:
- Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Licensed Application, except to the extent permitted by applicable law
- Rent, lease, lend, sell, redistribute or sublicense the Licensed Application
- Remove, alter or obscure any proprietary notices, labels or trademarks
- Use the Licensed Application for any unlawful, abusive, harassing or fraudulent purpose
- Bypass or circumvent any security or access controls
4. Services & Materials
The Licensed Application may provide access to certain online services. If such services become unavailable or cease to be offered, we will use reasonable efforts to notify you. Any maintenance and support is provided by Luduslabs Ltd, not Apple.
5. Data Use
Your data use is governed by our Privacy Policy. By using the Licensed Application, you consent to the collection and use of information as described there.
6. Term & Termination
This EULA is effective until terminated by you or Luduslabs Ltd. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies in your possession. Sections that by their nature should survive termination (ownership, warranty disclaimers, limitation of liability, etc.) will survive.
7. No Warranty
The Licensed Application is provided “AS IS” and “AS AVAILABLE” with all faults and without warranty of any kind. To the maximum extent permitted by law, Luduslabs Ltd disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.
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 (if any) for the Licensed Application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Luduslabs Ltd, its officers, employees or affiliates be liable for any indirect, special, incidental, punitive or consequential damages arising out of or related to your use of the Licensed Application.
9. Export Control
You represent and warrant that (a) you are not located in a country that is subject to a UK or US government embargo, or that has been designated by the UK or US government as a “terrorist supporting” country, and (b) you are not listed on any government list of prohibited or restricted parties.
10. Apple-Specific Terms
The following terms apply to the Licensed Application when obtained from the Apple App Store:
- Acknowledgement: This EULA is concluded between you and Luduslabs Ltd only, and not with Apple. Luduslabs Ltd is solely responsible for the Licensed Application.
- Scope of Licence: The licence granted is limited to a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
- Maintenance & Support: Luduslabs Ltd is solely responsible for providing any maintenance and support services. Apple has no obligation to furnish any maintenance and support services.
- Warranty: Luduslabs Ltd 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 to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application.
- Product Claims: Luduslabs Ltd, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession/use of it.
- Intellectual Property:In the event of any third-party claim that the Licensed Application infringes that third party's intellectual property rights, Luduslabs Ltd, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of such claim.
- Third-Party Beneficiary:You and Luduslabs Ltd acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against you.
11. Governing Law
This EULA is governed by and construed in accordance with the laws of England and Wales, without regard to conflict-of-laws principles. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Contact
Questions about this EULA? Contact us at info@luduslabs.net.
Luduslabs Ltd
Billericay, Essex, United Kingdom