End-User License Agreement (“EULA") for IOS
This End-User License Agreement (the "EULA" or "Agreement") governs Your use of the "FastVPN: Unlimited Secure Proxy" application software ("Software") provided by California Food and Beverage, Inc. (the "Company") designed to operate on your iPhone or iPad device. This EULA governs only that Software which may operate on an iPhone or iPad device, or other computing device marketed or manufactured by Apple, Inc. (your "Apple Computing Device").
Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by the Company. The most recent version of this Agreement shall always be available on the Internet at https://docs.appstudio.us/2020/07/fastvpneula.html and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Software at any time and at its sole discretion by posting revisions on the Internet at https://docs.appstudio.us/2020/07/fastvpneula.html. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
1. Acknowledgement. Company and You, the end-user of the Software, acknowledge that the Agreement is entered into by and between Company and You and not with Apple, Inc. Notwithstanding the foregoing, You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. The Company is solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). 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 "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
2. Incorporation of Apple. Inc.’s Licensed Application End User License Agreement. This Agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the "Software" is considered the "Licensed Application" as defined in the LAEULA and "Company" is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
3. Allowable Uses of the Software. Any use of the Software in any manner not allowed under this Agreement or the LAEULA, including, without limitation, resale, transfer, modification or distribution of the Software or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided by the Software is prohibited. This Agreement does not entitle You to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
4. Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SOFTWARE; AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR APPLE COMPUTING DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Your Information. The Software may require transmission of information provided by You including usernames/passwords, e-mail addresses (collectively "Your Information") in order to register and operate your “FastVPN Service”. You consent to the transmission of Your Information to Company and its agents, to process Your Information as may be necessary for the Software to perform its functions You acknowledge that Your Information will be stored by the Software in your Apple Computing Device in an encrypted format. Company makes no warranty that a third party cannot decrypt Your Information should a third party come into possession of Your Apple Computing Device. Company suggests and requests that You use all security features of Your Apple Computing Device, including the "Passcode Lock" function, to protect Your Apple Computing Device and the confidentiality of Your Information. For further information on how the Company protects Your Information, read the Privacy Statement, which is incorporated into this Agreement by reference. The newest version of the Privacy Statement is available on the Company's website at https://docs.appstudio.us/2020/06/Fastvpn-privacy.html.
6. Acceptable Use. Use of the Software and any of Your Information transmitted in connection with the
Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company's proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company's website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that You remove the Software from Your Apple Computing Device for any reason, including but not limited to Company's reasonable conclusion that You have violated this Agreement. The newest version of the Term of Use is available on the Company's website at https://docs.appstudio.us/2020/06/fastvpnunlimited-secure-proxy-terms-and.html
8. Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Software, violation of this Agreement or violation of any rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
9. Intellectual Property Rights. You and Company acknowledge that, in the event of any third party claim that the Software or Your use of the Software infringes any third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Software or to use a non-infringing version of the Software should Company choose to provide you with such a non-infringing version.
10. Product Claims. You acknowledge that Company, not Apple, Inc., is responsible for addressing any claims of the end-user or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
11. Contact Information. Should You wish to contact the Company with any questions, complaints or claims with respect to the Software, you should visit the Company's website at https://docs.appstudio.us/, firstname.lastname@example.org or by phone at 1650-487-0191.
12. Proprietary Nature of Software and Marks. The Company owns the Software and any and all trademarks, service marks and other content included in the Software. The Software may use trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owner. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to You through the Software.
13. "Opt-In" For Push Messaging. The Company may send You "push messages" or "push notifications" (collectively "Push Communications") if Your Apple Computing Device supports Push Communications. By installing the Software, You agree to accept Push Communications and "opt-in" to receive them. Should You wish to cease receiving Push Communications from the Company, You may turn off Push Communications for the Software by opening the "Settings" on your Apple Computing Device, selecting the "Notifications" tab and selecting the "FastVPN" button.
14. Governing Law. The laws of the State of Connecticut, excluding its conflicts of law rules, govern this Agreement and Your use of the Software. Any action arising under this Agreement or use of the Software shall be judged in the courts of San Francisco County, California.