1. Acknowledgement: This is an agreement solely between Silverberry Genomix and You, the End-User. This is NOT an agreement between you and Apple. This includes the Licensed Application and the content thereof.
2. Scope of License: The license granted to you for the Licensed Application. The license is non-transferable and is meant to use the Licensed Application on any Apple-branded products that you own or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: Support for the application is provided by Silverberry Genomix. Silverberry is solely responsible for providing any maintenance and support services with respect to the Licensed Application, or as required under applicable law. We (Silverberry) and You, the End-User, acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: Silverberry 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 of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
5. Product Claims: Silverberry and you, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (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 Licensed Application’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: In the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringe that third party’s intellectual property rights, Silverberry, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Any complaints or claims with respect to the Licensed Application should be directed to one of the following addresses:
9. Third Party Terms of Agreement: You comply with applicable third-party terms of agreement when using the Silverberry Application.
10. Third-Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this EULA agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
11. Payment, Subscription, Renewals: Payment is charged to your iTunes account, Your subscription renews automatically unless canceled 24 hours before the current period ends. You will not be able to cancel the subscription once activated. Manage your subscription in your account settings. The unused portion of your free trial gets fortified when you purchase a subscription.