(Updated effective as of December 1, 2018)
The following terms and conditions apply to Licensed Software that iboss customers (each, a “Customer” or “You” or “Your”) download and install via an App. These terms and conditions are subject to and incorporated into the iboss Terms of Service Agreement. Capitalized terms used herein but undefined have the meanings given to such terms in the Terms of Service Agreement.
App License. Subject to the terms and conditions of this Agreement,
solely during the Term, iboss grants You a non-exclusive, non-transferable,
revocable, royalty-free, limited license to download, install and use a copy of
an App on devices that You own or control solely for Your internal business
purposes. Furthermore, with respect to any App that You download through an App
Store (defined below), You agree to comply with all applicable third-party
terms of the relevant App Store, such as the Apple App Store’s “Usage
App Stores. You acknowledge and agree that the availability of the
App is dependent on the mobile application marketplace (e.g., the Apple App
Store (certain specific terms of which are in subsection (c) below), Google
Chrome Store, or Google Play Marketplace) (each, an “App Store”)
from which You received the App. You acknowledge that this Agreement is between
You and iboss and not with the App Store. The App Store is not responsible for
an App, the content thereof, maintenance, support services, and warranty
therefor, and addressing any claims relating thereto (e.g., product liability,
legal compliance, or intellectual property infringement). You agree to pay all
fees charged by the App Store in connection with an App (if any).
Accessing and Downloading the
App from the Apple App Store.
You acknowledge and agree that
iboss, not the App Store, is solely responsible for the Licensed Software and
content thereof. Your use of the App must comply with the applicable App
Store’s terms of service governing the use of such App Store.
You acknowledge that the App Store
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App.
In the event of any failure of the
App to conform to any applicable warranty, You may notify the applicable App
Store and the App Store will refund the purchase price for the App to You. To
the maximum extent permitted by applicable law, the App Store will not have any
other warranty obligation whatsoever with respect to the App. As between iboss
and the App Store, any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be the
sole responsibility of iboss.
You and iboss acknowledge that, as
between iboss and the App Store, the App Store is not responsible for
addressing any claims You have or any claims of any third party relating to the
App or Your possession and use of the App, including, but not limited to: (1)
product liability claims; (2) any claim that the App fails to conform to any
applicable legal or regulatory requirement; or (3) claims arising under
consumer protection or similar legislation.
You and iboss acknowledge that, in
the event of any third party claim that the App or Your possession and use of
that App infringes that third party’s intellectual property rights, as between
iboss and the App Store, iboss, not the App Store, will be solely responsible
for the investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement.
Without limiting any other terms of
this Agreement, You must comply with all applicable third-party terms of
agreement when using the App.