Studio App Store Default End-User License Agreement For Assets
Effective Date of Terms of Service: February 5, 2020
This Studio App Store Default End-User License Agreement for Assets (“Default EULA”) sets forth the legally binding terms and conditions for your use of the Asset which has been made available to you through the App Store alongside a link to this Default EULA. Your license to such Asset under this Default EULA is granted by the Maker of that Asset, and by downloading or using the Asset you are agreeing to be bound by and are becoming a party to this Default EULA, which may be updated from time to time. The Maker of the Asset (“Licensor”) reserves all rights in and to the Asset not expressly granted to you under this Default EULA.
- License. You, or the entity on behalf of whom you are working (collectively the “Licensee”), are hereby granted a worldwide, non-exclusive, perpetual, irrevocable (except in the case of Licensee’s material breach), royalty-free, transferable, sublicenseable license (a) for the unrestricted use of the Asset in the creation of new value-added software applications, websites, products, services, programs, add-ons, extensions, plug-ins or other technologies (each, an “End Product”), including without limitation the right to modify and create derivative works from the Asset in furtherance of the same, (b) to market, reproduce, perform, display, promote, distribute and otherwise exploit such End Products, and to grant end users the rights to use and exploit the same. This Defaut EULA does not however, grant you the right or license to exploit the Asset in its original form (or without substantial value-added contribution).
- Maintenance and Support. This Licensor is solely responsible for providing any maintenance and support services for this Asset. You can reach the Licensor at the email address listed in the App Store Overview for this Asset.
- Indemnification. Licensor will indemnify, defend and hold harmless Licensee and its affiliates, employees, contractors, directors, suppliers, representatives, customers and users (the “Indemnified Parties”) from all liabilities, claims and expenses, including reasonable attorneys’ fees, from and against any claim, demand, suit or proceeding (“Claim”), made or brought against an Indemnified Party by a third party alleging that an Indemnified Party’s use of the Asset in accordance with this Default EULA infringes or misappropriates such third party’s intellectual property rights. The foregoing obligations do not apply with respect to any Claim based on or arising from modifications or alterations to the Asset made by a party other than Licensor.
- Limitation of Liability. IN NO EVENT SHALL LICENSOR OR LICENSEE BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS DEFAULT EULA, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING.
- Relationship of the Parties. Licensee acknowledges and agrees that InVisionApp Inc: (a) is not a party to this Default EULA, and does not support or endorse Licensee’s use of the Asset, and shall have no liability with respect to the licensing or use of the Asset hereunder, (b) is not responsible for any support or maintenance services related to the Asset, (c) is not responsible for responding to any Licensee claims related to the Asset.
- Prohibited Parties. You may not use the Asset (and this Default EULA is voided) if you (i) are located in a country that is subject to any U.S. Government embargo or export restriction (or any applicable international equivalents); or (ii) are listed on any U.S. Government list of prohibited or restricted parties (or any applicable international equivalents).