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. Mighty Fine Apps LLC , not
Apple, is solely responsible for the licensed Application and the content thereof.
The Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Application. You may not use the Application in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
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 Mighty Fine Apps LLC '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 Mighty Fine Apps LLC '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
7 .1 Licensor warrants that the
Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your
download. Licensor warrants that the Application works as described in the user documentation.
7 .5
In the event of any failure of
the Application to conform to any applicable warranty, You may notify the
App-Store-Operator, and Your Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the App-Store-Operator will have no other
warranty obligation whatsoever with respect to the App, and any other losses, claims,
damages, liabilities, expenses and costs attributable to any negligence to adhere to any
warranty.
7 .6
If the user is an
entrepreneur, any claim based on faults expires after a statutory period of limitation
amounting to twelve (12) months after the Application was made available to the user. The
statutory periods of limitation given by law apply for users who are consumers.
(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 Mighty Fine Apps LLC or by You. Your rights under this license will terminate
automatically and without notice from Mighty Fine Apps LLC 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.
For the use of RNNoise Mighty Fine Apps LLC includes the following:
Copyright (c) 2017, Mozilla
Copyright (c) 2007-2017, Jean-Marc Valin
Copyright (c) 2005-2017, Xiph.Org Foundation
Copyright (c) 2003-2004, Mark Borgerding
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.Org Foundation nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This license agreement is governed by the laws of
the State of California
excluding its conflicts of law rules.
15
.2
Collateral
agreements, changes and amendments are only valid if laid down in writing. The preceding
clause can only be waived in writing.