This End User License Agreement ("EULA") is a binding agreement between you ("you") and ABM Software ("we", "us") governing your use of any iOS application published by ABM Software on the Apple App Store, including Simple Doses, Simple Expenses, and BidQuick (each, the "App").
By downloading, installing, or using the App, you agree to this EULA. If you do not agree, do not download, install, or use the App.
1. Acknowledgement
You and we acknowledge that this EULA is concluded between you and ABM Software only, and not with Apple Inc. ("Apple"). ABM Software, not Apple, is solely responsible for the App and its content. This EULA may not provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions as of the date you entered into this EULA.
2. Scope of License
We grant you a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This license does not allow you to use the App on any device you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
3. Restrictions
You may not rent, lease, lend, sell, redistribute, or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof, except as expressly permitted by applicable law.
4. Consent to Use of Data
You agree that we may collect and use technical data and related information, including device information, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the App. Our handling of your data is described in our Privacy Policy.
5. Services and Third-Party Materials
The App may enable access to our and third-party services and websites (collectively, "Services"). Use of the Services may require Internet access and may require you to accept additional terms. You agree to use the Services at your sole risk.
6. No Warranty
You expressly acknowledge and agree that use of the App is at your sole risk. To the maximum extent permitted by applicable law, the App is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, either express, implied, or statutory, including implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement of third-party rights.
7. Limitation of Liability
To the extent not prohibited by law, in no event shall ABM Software be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the App.
8. Product Claims
You and we acknowledge that ABM Software, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
9. Intellectual Property
You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, ABM Software, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10. 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.
11. Third-Party Beneficiary
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
12. Governing Law
This EULA is governed by the laws of the United States and the state in which ABM Software is established, without regard to its conflict of law provisions.
13. Contact
For questions about this EULA, contact us through our support page.