Present Custom End-User Licence Agreement (CEULA) is being executed between the
End-User (user) AND AppSmartz™ (Company), who gives non-transferable licence to the
company for enjoying the licenced product i.e. mobile app screen recorder™ on apple
branded products, which End-User owns 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. terms upon the user as described hereunder: -
- Licence to Company
The user hereby gives irrevocable licence to the company: -
- To deliver/share the data of user to the Apple
screen recorder™ (app) are only between the company and user and Apple
neither shall be responsible for said Application and the content thereof.
- That while using the app, the user shall also follow the Apple Media Services
(AMS) Terms and Conditions (T&C) with its effective dates.
The company also acknowledges that it has already reviewed said AMS T&C.
- Scope of License: The license granted to the End-User for the Licensed Application
is limited to a non-transferable license to use the Licensed Application on any
Apple-branded Products that the End-User owns or controls and as permitted by the
Usage Rules set forth in the AMS T & C, except that such Licensed Application may
be accessed and used by other accounts associated with the purchaser via Family
Sharing or volume purchasing.
- Maintenance and Support: the company alone is responsible for providing any
maintenance and support services with respect to the Licensed Application, as
specified in this agreement. It is specifically informed to the user that the Apple has
no obligation whatsoever to furnish any maintenance and support services with
respect to the Licensed Application.
- Warranty: The company is sole responsible for its product in all manners except in
case of hacking of its application and its all either free or paid features or force
majure. Company suggests a user to notify Apple for refund of purchased price for
the licenced application, if the company does not provide applicable warranty over its
product and the company shall not object, if Apple refunds the purchased price of
licenced application to the maximum extent by deduction of the cost of product till the
event of failure on the part of company. Apple does not provide any warranty on the
product/licenced application as such no claims, loss/es, liabilities, damages, costs or
expenses against the Apple may be claimed in case of failure of company to comply
with warranty rules.
- Product Claims: User hereby acknowledges that Apple is not responsible for
addressing any claims of the User 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
- Intellectual Property Rights: Company and End-User acknowledge that, in the
event of infringement of IPRs of third party by use and possession of licenced
application by End-User, company alone will be responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement
claim, if any.
- Legal Compliance: The company has intimated its users about the policy of this
- Contact Information: Company has shared its detailed contact information with the
user to resolve the complaints, claims, questions of a user with regard to licenced
- Third Party Terms of Agreement: Company has made the End-User understand
that End-User must comply with applicable third party terms of agreement when
using the mobile app of company. The End-User will not violate the terms of their
wireless data service agreement when using Your Application.
- Third Party Beneficiary: Company has made the End-User understand that Apple,
and Apple’s subsidiaries, are third party beneficiaries of this CEULA, and that, upon
the End-User’s acceptance of the terms and conditions of this CEULA, Apple will
have the right (and will be deemed to have accepted the right) to enforce this CEULA
against the End-User as a third party beneficiary thereof.