iboss Mobile Application Licenses
(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.
- A. 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 Rules.”
- B. 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).
- C. Accessing and Downloading the App from the Apple App Store.
- I. 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.
- II. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- III. 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.
- IV. 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.
- V. 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.
- VI. Without limiting any other terms of this Agreement, You must comply with all applicable third-party terms of agreement when using the App.