By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Monahan Professional Services, Inc. , not Apple, is solely responsible for the licensed Application and the content thereof.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Monahan Professional Services, Inc. 's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Monahan Professional Services, Inc. 's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
5. USE OF DATA
6. LIABILITY
7. WARRANTY
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
9. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
11. TERMINATION
The license is valid until terminated by Monahan Professional Services, Inc. or by You. Your rights under this license will terminate automatically and without notice from Monahan Professional Services, Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
This license agreement is governed by the laws of Iowa
16.2 Song package will not be provided to or made accessible for use by any non-MPS user or third party at any time.
16.3 It is agreed that TSM songs may only be included in MPS Services within a subscription-only based iOS application that requires monthly or annual subscription payments from customers. TSM Songs may not be provided in a “single purchase” model in which a customer purchases the application once and has perpetual use of the Song Package.
16.4 If a customer’s subscription ends or is paused, terminated or cancelled for any reason, user’s access to Song Package must terminate at the same time.
16.5 This Agreement does not provide for or allow for music to be included in any Video performed or distributed via Commercial TV, which includes Cable TV, Broadcast TV, Satellite TV, Subscription TV (Netflix, Hulu, Amazon Prime) and Streaming TV services.
16.6 This Agreement does not provide for or allow any type of music use within Commercial Films, including Feature Films, Independent Films and film trailers.
16.7 MPS Videos containing Licensed Songs may not be distributed to the general public at large for mass commercial production or sold through commercial retailers.
16.8 MPS Videos containing Licensed Songs may not be used in any advertising campaign or paid social media with more than $500 USD total ad spend.
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