END USER LICENSE AGREEMENT (ANDROID APPLICATIONS)
Apps made available through Google Play or other authorized Android application marketplaces are licensed, not sold, to you. Your license to use the App is subject to your acceptance of this End User License Agreement (“EULA”). The App developer, publisher, or owner identified in the applicable store listing (“Licensor”) grants you a limited license to use the App. The Licensor reserves all rights in and to the App not expressly granted to you under this EULA.
a. Scope of License
Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Android-compatible devices that you own or control, solely for your personal or internal business use and in accordance with this EULA and any applicable marketplace terms and conditions.
This EULA governs any content, materials, services, updates, upgrades, enhancements, or supplements provided by Licensor that replace or supplement the original App unless such update is accompanied by a separate license agreement.
Except as expressly permitted by applicable law, you may not:
Copy, reproduce, distribute, publish, or publicly display the App;
Sell, rent, lease, lend, sublicense, assign, or otherwise transfer the App;
Make the App available over a network where it could be used by multiple devices simultaneously;
Reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, adapt, translate, or create derivative works of the App or any part thereof;
Circumvent or disable any security or technical protection measures contained in the App.
Any rights not expressly granted under this EULA are reserved by Licensor.
b. Consent to Use of Data
You agree that Licensor may collect, process, and use technical information and related data, including but not limited to information regarding your device, operating system, application software, usage statistics, crash reports, and peripherals, that is gathered periodically to facilitate software updates, technical support, product improvement, analytics, security, and other services related to the App.
Licensor shall process personal information in accordance with its applicable Privacy Policy and applicable data protection laws. Where information is collected in anonymized or aggregated form, Licensor may use such information to improve products, technologies, and services.
c. Termination
This EULA remains effective until terminated by you or Licensor.
Your rights under this EULA will automatically terminate without notice if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the App and delete all copies of the App from your devices.
d. External Services
The App may enable access to Licensor’s services and/or third-party services, websites, content, applications, or resources (collectively, “External Services”).
You acknowledge and agree that:
Use of External Services is at your sole risk;
Licensor is not responsible for examining or evaluating the content, accuracy, legality, availability, or quality of any External Services;
Licensor shall not be liable for any third-party External Services;
Information provided through External Services, including financial, medical, location-based, or other information, is for general informational purposes only and is not guaranteed by Licensor.
You agree not to use External Services in a manner that violates applicable law, infringes intellectual property rights, or harms any person or entity. Licensor reserves the right to modify, suspend, restrict, disable, or discontinue access to any External Services at any time without notice or liability.
e. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
LICENSOR DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION PROVIDED BY LICENSOR SHALL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
IN NO EVENT SHALL LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR THE APP EXCEED FIFTY U.S. DOLLARS (USD $50.00) OR THE AMOUNT PAID BY YOU FOR THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
g. Export Compliance
You agree to comply with all applicable export control and trade sanction laws and regulations of the United States and other applicable jurisdictions.
You represent and warrant that:
You are not located in a country subject to comprehensive trade embargoes;
You are not listed on any applicable government restricted-party list;
You will not use the App in connection with any prohibited end use, including activities related to nuclear, chemical, biological, or missile technologies prohibited by applicable law.
h. U.S. Government End Users
The App and related documentation are “Commercial Items” consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as those terms are used under applicable United States federal acquisition regulations.
The App is licensed to U.S. Government end users only with the rights granted to all other end users under this EULA.
i. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which the Licensor is established, without regard to conflict of law principles.
If you reside in the European Union, Switzerland, Norway, Iceland, or any jurisdiction providing mandatory consumer protection rights, nothing in this EULA shall deprive you of any rights or remedies available under the mandatory laws of your country of residence.
Any dispute arising out of or relating to this EULA shall be subject to the exclusive jurisdiction of the competent courts of the Licensor’s place of business, except where applicable consumer protection laws provide otherwise.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this EULA.
For production use, I would also recommend adding:
Your company/legal entity name.
A Privacy Policy reference.
Google Play–specific wording stating that Google is not responsible for support, maintenance, or warranty claims.
Subscription and in-app purchase terms (if your app offers them).
A contact email and support address.
Those additions help satisfy common Google Play compliance and consumer-protection requirements.
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, 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. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.