EULA for the Licensed Application - QuickDMCA
You acknowledge that this EULA is concluded between you, the end
user only, and not Apple. The developer, not Apple, is responsible
for the Licensed Application and the content thereof. In
addition to the Minimum Terms of Service required for all iTunes mobile
applications, found here, http://www.apple.com/legal/itunes/appstore/dev/minterms the QuickDMCA requires that the user agree to the following terms and conditions:
1) “You” as used in this agreement means the end user that purchases or uses the QuickDMCA application (“application or "Licensed Application”).
2) The “developer” means “Lawrence G. Walters” or his successors or assigns.
3) This agreement may be accepted using electronic signatures.
4) You acknowledge that this agreement, or portions of it, may be modified by the developer, and understand that you must agree to any such new terms, when presented, prior to continuing to use the application.
5) You may use the application only for legal purposes.
6) The developer does not maintain any legal records generated by the application.
7) You are obligated to maintain any desired copies of documents generated by or sent through this application. The developer is not responsible for any transmission failure, misdirection, or other error associated with a DMCA Notice generated by the application.
8) This application is intended solely as a productivity enhancement device, and is not a substitute for legal or other professional services. Nothing contained in this agreement, the product description, or the application is intended as legal advice. The user is expected to use the application only in connection with competent legal advice. Abuse of the Digital Millennium Copyright Act (“DMCA”) notification and takedown procedures can lead to substantial civil liability. You acknowledge and agree that you are familiar with the DMCA and its legal interpretations prior to using the application.
10) You understand and acknowledge that the user of this application must own the copyright to the content identified in any DMCA notice, and/or act on behalf of the copyright owner, in order to submit a valid DMCA notice under federal law. Ownership of other rights, such as publicity or commercial exploitation rights does not authorize a claimant to transmit a legal DMCA notice. In addition, federal copyright law routinely changes. The developer is not responsible for any changes in the law that might impact the use of the application.
11) In the event of any failure of the Licensed Application to conform to any warranty not disclaimed herein, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty not disclaimed herein is the developer's sole responsibility. DISCLAIMER OF WARRANTY: The developer, his agents, employees, affiliates, attorneys and contractors disclaim any express or implied warranty regarding any legal compliance issue generated in connection with the use of this application. The developer further disclaims any warranty of fitness for a particular purpose. This disclaimer of warranty is intended to apply to the fullest extent permitted by law. Void where prohibited.
12) The user releases the developer, and holds the developer harmless, from any and all claims arising from the use or misuse of the application, to the maximum extent provided by law.
13) The developer retains all intellectual property associated with the application, including without limitation, copyrights, trademarks, service marks, trade names, trade dress, trade secrets and the like. The license granted to the end-user for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Mac Product(s) that the end-user owns or controls and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store. The term “QUICKDMCA” is a trademark of the developer. All intellectual property rights are reserved by the developer.
14) If any provision of these terms is held invalid for any reason by a court or arbitrator, the remaining provisions shall be enforced to the fullest extent of the law.
15) This agreement shall be interpreted in accordance with the laws of the state of Florida.
16) In the event of any dispute arising from this agreement, or the use of the application in any manner, the parties agree to submit their dispute to binding arbitration in Seminole County, Florida, using the rules of the American Arbitration Association. The arbitration shall be confidential, and conducted by an impartial arbitrator with a minimum of 5 years’ experience in the area of e-commerce. The arbitrator shall not be permitted to certify a class or award consequential, exemplary or punitive damages.
17) You agree that any damages that may be awarded as a result of a breach of this agreement or based on any claim arising from the use of the application shall be limited to a refund of the purchase price paid for the application.
18) You must agree to all of the terms set forth herein to download or use the application.
19) Developer Name and Address: Lawrence G. Walters, Esq., 195 W. Pine Ave., Longwood, FL 32750, Phone: 407.975.9150; email QuickDMCA@firstamendment.com. Support is limited to normal business hours, Eastern Time.
20) You represent and warrant that 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
21) In the event of any third party claim that the Licensed Application or the end-user's possession and use of that Licensed Application infringes that third party's intellectual property rights, the developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
22) Developer and you acknowledge that Developer, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end- user's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
23) You must comply with applicable third party terms of agreement when using the application.
24) The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
25) In the event of any conflict between this EULA and the Minimum Terms imposed by the Mac App Store ("Usage Rules"), the Usage Rules prevail.