This End User License Agreement ("Agreement") is a legal contract between you ("you" or "Licensee") and the operator of Swander ("Licensor," "we," or "us") for the Swander software application and any updates, patches, or supplements we provide (together, the "Software"). The Software also includes the online and mobile services made available to you in connection with the app, as further described in our Terms of Service.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU OBTAIN THE SOFTWARE THROUGH THE APPLE APP STORE OR ANOTHER OFFICIAL STORE, THE STORE PROVIDER IS NOT A PARTY TO THIS AGREEMENT EXCEPT AS REQUIRED BY THAT STORE'S RULES, AND IN CASE OF CONFLICT THAT STORE MAY HAVE ADDITIONAL TERMS FOR YOU.
The Software is intended solely for users who are at least eighteen (18) years of age. By installing or using the Software, you represent and warrant that you meet this requirement.
Subject to your compliance with this Agreement and the Terms of Service, Licensor grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to install and use one copy of the Software on a device that you own or control, and to use the features of the Software in accordance with its documentation, solely for your personal, non-commercial use, unless we have agreed in writing to a different use.
Except to the extent prohibited by applicable law, you may not, and you may not permit any third party to:
The Software includes optional paid features that may be purchased through the Apple App Store or another official app store. This section describes your rights and limitations with respect to those purchases.
Swander Coins and VIP membership benefits (together, "Virtual Items") are digital content licensed to you for use within the Software under this Agreement. Virtual Items are not property, are not sold to you, and confer no ownership interest. Your right to use Virtual Items is a limited, personal, non-transferable, non-sublicensable license that exists only as long as this Agreement is in force and your account remains in good standing.
VIP membership is an auto-renewing subscription billed through the applicable app store. The subscription provides the benefits described in the app for the active subscription period. Your rights to VIP benefits begin when the store confirms your subscription and end at the close of the last paid period if you cancel or do not renew. Detailed billing, cancellation, and renewal terms are set out in our Terms of Service and in the applicable store's own terms.
Swander Coins are consumable virtual currency. Once purchased, coins are credited to your account and may be spent on eligible in-app features. Coins:
All purchases of Virtual Items are processed by the applicable store operator. Refund requests must be directed to that store operator under its own refund policy, not to us. We do not issue refunds for in-app purchases except where we are required to do so by applicable mandatory law independently of store policy.
We reserve the right to modify the pricing, availability, functionality, or configuration of Virtual Items at any time. Where a change materially affects already-purchased Virtual Items, we will provide reasonable notice and handle the transition in accordance with applicable law.
The Software is built with frameworks and libraries that may include open-source and third-party software. Those components are used under their respective licenses, which you can review through the project documentation and packaging where we provide that information. Your rights in those components are governed by the applicable open-source and third-party licenses, not this Agreement, to the extent they apply.
Features that rely on your device (such as the operating system, Sign in with Apple, in-app purchase via the App Store, notifications, or photo library or camera access when you choose to add images) are subject to the terms and policies of Apple, Google, or other providers as applicable.
We may, but are not obligated to, provide updates, upgrades, or new versions of the Software. They may be installed automatically depending on your device settings. This Agreement governs any updates that replace or supplement the original Software, unless a separate license accompanies an update, in which case the terms of that update apply to it.
Technical information we collect in connection with the Software, including data related to in-app purchases and subscription status, is described in our Privacy Policy, which is incorporated by reference. By using the Software, you acknowledge that we may use such data as described in that policy. For clarity, the Privacy Policy governs the collection and use of personal and technical data; this Agreement governs licensing of the Software and Virtual Items as described in these sections.
The Software and all intellectual property rights in it (except for your content, which you own subject to the licenses you grant in the Terms of Service) are and remain the property of Licensor and its licensors. Virtual Items are licensed, not sold. This Agreement does not sell the Software or any Virtual Items to you. All rights not expressly granted are reserved.
This Agreement is effective until terminated. Your rights under this Agreement terminate automatically and without notice if you fail to comply with any material term. Upon termination, you must stop all use of the Software and, if required by us or by law, remove all copies from your devices. Any unused Virtual Items associated with your account at the time of termination due to your breach may be forfeited without refund, to the extent permitted by applicable law. Provisions of this Agreement that by their nature should survive will survive termination, including limitations and ownership provisions. We may also suspend or end access to the Software as set out in the Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL VIRTUAL ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. WHERE LIABILITY CANNOT BE EXCLUDED, IT IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF YOUR COUNTRY OF RESIDENCE, AND WHERE THE LAW OF YOUR COUNTRY OF RESIDENCE ALLOWS A CAP, ONLY TO THE MINIMUM SCOPE CONSISTENT WITH MANDATORY CONSUMER PROTECTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO THE ABOVE MAY NOT FULLY APPLY.
Nothing in this Agreement limits any liability that cannot be limited or excluded by applicable law, including in some jurisdictions death or personal injury caused by negligence, or fraud.
You may not export or re-export the Software except in compliance with applicable export control and sanctions laws. The Software is not designed, intended, or licensed for use in hazardous environments requiring fail-safe performance (such as nuclear facilities, life-critical medical systems, or aircraft navigation) where failure could lead to death, injury, or environmental damage, unless we expressly state otherwise in writing.
If you are a U.S. government end user, the Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in the applicable Federal Acquisition Regulation and related agency regulations, and your rights are limited to those we grant to all other end users under this Agreement, consistent with applicable U.S. law.
This Agreement is governed by the laws of the country in which you reside, without regard to conflict-of-law rules that would apply another jurisdiction's law, subject to any mandatory rights you have as a consumer under the law of your country of residence. Courts of your country of residence, or other courts of competent jurisdiction as required by applicable law, have jurisdiction over disputes arising from or relating to the Software, except where a mandatory venue rule applies in your country.
This Agreement, together with the Terms of Service and Privacy Policy, is the full agreement between you and Licensor regarding the license to the Software and Virtual Items. If any part of this Agreement is held invalid, the remainder remains in effect. The Terms of Service apply in addition to this Agreement for the use of the online services; in case of conflict on pure licensing topics the EULA governs, and for service conduct, content, and accounts the Terms of Service govern.
If you obtained the Software through the Apple App Store, you acknowledge that Apple has no obligation to furnish maintenance or support for the Software beyond any obligations Apple may have under Apple's rules. Apple is not responsible for addressing claims by you or any third party relating to the Software or your use of it, including product-liability claims, regulatory failures, consumer-protection claims, or claims regarding in-app purchases and subscriptions (beyond what Apple's own terms require), except where Apple's standard end-user license terms for App Store applications say otherwise.
Questions about this Agreement may be sent to okvianaina1@outlook.com.
Licensed application name: Swander