End User License Agreement ("Agreement")
Last updated: March 2016
This agreement is made between you and IKLui, LLC. (“Company”).
Please read this EndUser License Agreement ("Agreement") carefully before clicking the "Accept" Button to use MyAcuMobile ("Application").
By clicking the "Accept" button and using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, click on “Decline” to exit the Application and un-install the Application from your mobile device or from your desktop.
By downloading this Application, you have transacted with Apple Store and agreed to the Apple
Software License Agreement for Apple Store Application, and AppStore Terms and Conditions.
Company grants you o revocable, nonexclusive, nontransferable, limited license to use the Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement on one Apple-branded iOS device. Company owns intellectual property rights in the Application. The Licensee’s (“your”) license to download or use the Application is subject to these rights and all the terms and conditions of this Agreement.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. You may not copy the content of the Application, decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source code for the Application.
Modifications to Application
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Company. Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Disclaimer of Warranties
You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Application and any services performed by or accessed through the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
To the maximum extent permitted by applicable law, the Application and services are provided “As Is” and “As Available”, with all the faults and without warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to the Application and Services, either express, implied or statutory, including , but not limited to the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
Limitation of Liability
Your sole remedy for any defects to the Application shall be a refund of the purchase price for the Application. You agree to indemnify and hold Company harmless from all claims, judgements, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.