In Plain English
This summary is for convenience only. The full legal terms below are the binding agreement, but here's what they mean in normal language:
- This page covers all of our software. Any app, program, or tool we publish that links here — desktop, mobile, or web — is licensed to you under these terms, along with its updates.
- You're licensed to use it, not buying it.We own the software. You can use it for as long as your access is active. You can't copy it, share it, pass on your key, modify it, or take it apart.
- You probably got it from a business we work with.Often the software is provided to you by your employer or another business (the "Licensing Client"). Your access depends on theirs. For billing, accounts, and day-to-day help, go to them first.
- It connects to our servers. The software may need a key to activate, check in with our servers regularly, and tie your license to your device using a scrambled (hashed) identifier. It may send us crash reports and usage information so we can fix problems. It may update itself automatically. If a license is ended, it may lock, stop saving or editing, or uninstall itself. By using it, you agree to all of this.
- Your files stay yours, and so does checking them.Anything you open or make with the software belongs to you. Always check the results (like redactions, signatures, text recognition, and conversions) and keep your own backups. We aren't responsible for what's in your files or for changes made to them.
- Only official copies are covered.Get the software only from us, from the business that gave it to you, or from its official App Store or Google Play listing. We're not responsible for copies that were modified, repackaged, or downloaded from anywhere else.
- Apps from the App Store or Google Play.Apple and Google aren't part of this agreement and aren't responsible for the app. Purchases, subscriptions, and refunds are handled by the store, under its rules. Section 20 includes extra terms Apple requires.
- No guarantees.The software is provided "as is." We don't promise it will be error-free, work on every computer or future system update, or keep being supported forever.
- Our liability is limited.Unless the law doesn't allow it, the most we are ever responsible for is what you paid us directly for the software in the last 12 months, or $100, whichever is greater.
- Disputes go to arbitration. Serious disagreements are settled by binding individual arbitration under Delaware law, not in court or a class action. You can opt out of arbitration within 30 days of first accepting.
Industries Design - Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. THIS LICENSE IS A LEGAL CONTRACT BETWEEN YOU ("USER," "YOU," "YOUR") AND INDUSTRIES DESIGN LLC, A DELAWARE LIMITED LIABILITY COMPANY ("INDUSTRIES DESIGN," "WE," "US," "OUR").
BY DOWNLOADING, INSTALLING, ACTIVATING, ACCESSING, OR USING THE SOFTWARE, OR BY CHECKING A BOX OR CLICKING A BUTTON INDICATING YOUR ACCEPTANCE, YOU AGREE TO BE BOUND BY THIS LICENSE. IF YOU ARE USING THE SOFTWARE ON BEHALF OF AN EMPLOYER OR OTHER ORGANIZATION, YOU AGREE TO THIS LICENSE ON BEHALF OF BOTH YOURSELF AND THAT ORGANIZATION. IF YOU DO NOT AGREE, DO NOT INSTALL, ACTIVATE, ACCESS, OR USE THE SOFTWARE, AND UNINSTALL IT IF IT IS ALREADY INSTALLED.
SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. DEFINITIONS
"Software" means any software application, program, tool, or component published, distributed, or made available by or on behalf of Industries Design that links to, displays, references, or is distributed with this License — including without limitation desktop applications, mobile applications, web applications, browser extensions, plugins, command-line tools, installers, and helper utilities — in object-code or executable form, together with all Updates, associated files, fonts, templates, and documentation.
"Updates" means any patch, fix, upgrade, new version, code bundle, or other modification to the Software that we provide, whether delivered automatically or otherwise.
"Licensing Client" means the business or organization (for example, your employer, or the company that sent or provided the Software to you) that has obtained from Industries Design the right to provide the Software to you under a separate agreement with us. If you obtained the Software directly from us, references to the Licensing Client refer to you.
"License Key" means any key, code, account credential, activation token, or signed license file used to activate, authorize, or verify use of the Software.
"Device" means any computer, phone, tablet, or other device, and any operating-system user account on it, on which the Software is installed or used.
"Your Files" means any documents, files, images, text, data, or other content that you open, create, edit, import, export, save, process, or otherwise handle using the Software.
"Official Build" means an unmodified copy of the Software, in the form released by Industries Design, obtained directly from us, from the Licensing Client, from an App Store listing authorized by us (see Section 20), or through an Update delivered by the Software itself or by that App Store.
2. LICENSE GRANT
Subject to your continuing compliance with this License, and for as long as your license remains active under Section 12, Industries Design grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use Official Builds of the Software, in object-code form only, on the number and type of Devices permitted by your License Key, activation, or the Licensing Client, solely for the purpose for which the Software was provided to you. The Software is licensed, not sold. No other right or license is granted, whether by implication, estoppel, or otherwise, and all rights not expressly granted are reserved by Industries Design.
3. RESTRICTIONS
Except as expressly permitted by this License, or by a separate written agreement between the Licensing Client and Industries Design that expressly authorizes the Licensing Client to do so, you shall not, and shall not permit or assist any other person to:
- copy the Software, except for the installation permitted by Section 2 and copies automatically created in the ordinary operation of the Software;
- distribute, share, publish, upload, sell, resell, rent, lease, lend, sublicense, host, or otherwise make the Software, its installer, or any License Key available to any other person, or use a License Key on a Device other than the one it was issued or moved to;
- modify, adapt, translate, or create derivative works of the Software;
- reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, structure, algorithms, or underlying ideas of the Software, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation;
- bypass, disable, circumvent, interfere with, or tamper with any License Key, activation, check-in, integrity check, update, or other technical protection or connected feature of the Software, or block the Software's communication with our servers for the purpose of avoiding any of them;
- remove, alter, or obscure any copyright, trademark, license, or other proprietary notice in or on the Software;
- use the Software, or any knowledge gained from it, to build, train, or assist in building a competing product or service;
- use the Software in violation of any applicable law or of any person's rights, including to create, alter, or distribute forged, fraudulent, or infringing documents or content; or
- use the Software in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other person's use of the Software.
4. OWNERSHIP
The Software, including all copies, Updates, source and object code, designs, interfaces, and all intellectual property rights in any of them, is and shall remain the sole and exclusive property of Industries Design and its licensors. Your possession, installation, or use of the Software, and any payment by you or the Licensing Client, does not transfer any ownership interest to you. If you provide us with suggestions, ideas, or other feedback about the Software, we may use it freely, without restriction, attribution, or compensation.
5. ACTIVATION, LICENSE KEYS & DEVICES
The Software may require a License Key and activation before use, and a License Key may be limited to a specific Device or number of Devices. You are responsible for keeping your License Key confidential and for all use of the Software under it. License Keys may be moved between Devices only through us or the Licensing Client. We may refuse, suspend, or revoke any License Key that we reasonably believe is being shared, misused, or used in violation of this License, or at the direction of the Licensing Client.
6. CONNECTED FEATURES, AUTOMATIC UPDATES & REMOTE CONTROLS
6.1. Disclosure:
To license, protect, secure, and update the Software, the Software may, depending on the product:
- Check in online. Require activation and periodically connect to our servers (for example, every few minutes while running, on startup, when a file is opened, or when the Device wakes) to verify and renew the license, and stop working or restrict features if it cannot reach our servers for a period of time.
- Identify your Device. Generate a Device identifier derived from information about your Device and operating-system user account (for example, a hashed combination of system and account identifiers) in order to bind the license to that Device.
- Send licensing data. Transmit to our servers your License Key, the Device identifier, the name of the person or organization the license is issued to, the Software version, license status, and technical data inherent to any internet connection, such as IP address and timestamps.
- Send diagnostic and usage data. Collect and transmit crash reports, error logs, performance measurements, information about how features are used, and technical information about your Device and operating system, to help us fix problems and improve the Software. This data is not intended to include the contents of Your Files, but it may include incidental details such as file names, file sizes, file paths, or page counts. Where the Software provides a setting to turn off optional diagnostics or usage data, you may use it.
- Update automatically. Automatically download and install Updates, which may be required to continue using the Software, may be installed after a deadline even if postponed, and may close and restart the Software to complete installation.
- Be restricted remotely. Be remotely suspended, locked, deactivated, or restricted — including in ways that prevent opening, editing, or saving files — where the license has expired, been revoked or moved, or is not in good standing, or for security reasons.
- Remove itself. Upon revocation or termination of the license, uninstall or remove itself from the Device, in response to an instruction from our servers that is verified by the Software.
6.2. Your Consent:
BY INSTALLING, ACTIVATING, OR USING THE SOFTWARE, YOU EXPRESSLY AUTHORIZE AND CONSENT TO EACH OF THE FEATURES DESCRIBED IN SECTION 6.1, INCLUDING THE TRANSMISSION OF THE DATA DESCRIBED, THE AUTOMATIC INSTALLATION OF UPDATES, AND THE REMOTE SUSPENSION, RESTRICTION, DEACTIVATION, AND REMOVAL OF THE SOFTWARE FROM YOUR DEVICE. You represent that you are authorized to give this consent for the Device on which you install the Software. If you do not consent, do not install or use the Software. Because the Software may be restricted or removed without further notice, you should save your work regularly and keep independent copies of Your Files (see Section 8).
6.3. Your Files Stay on Your Device:
The features described in Section 6.1 do not transmit the contents of Your Files to us, apart from the incidental details that diagnostic data may include as described in Section 6.1. Where the Software processes Your Files locally on your Device, we do not receive their contents unless you use a feature that is expressly designed to send content off your Device (such as a cloud, sharing, or online processing feature), in which case that feature's description and our Privacy Policy apply.
7. UPDATES, SUPPORT & END OF SUPPORT
We may provide Updates at our discretion, and each Update is part of the Software and governed by this License. We may add, change, or remove features at any time. We have no obligation to provide Updates, support, maintenance, or bug fixes to you, to keep any prior version working, or to continue offering any Software. We may end support for, or require an Update to, any version at any time, and older versions may stop functioning. Any support you receive is provided by the Licensing Client or under a separate written agreement.
Some features or versions of the Software may be identified as preview, beta, experimental, early access, or similar ("Preview Features"). Preview Features are provided for evaluation, may be incomplete or unstable, may change or be removed at any time without notice, and are not subject to any commitment, support, or service level of any kind. You use Preview Features at your own risk.
8. YOUR FILES & RESULTS
8.1. Ownership and Responsibility:
As between you and us, you retain all rights in Your Files. You are solely responsible for Your Files, including their content, accuracy, legality, and your right to use, edit, and share them, and for any decisions made or actions taken based on them.
8.2. Check Every Result:
Software that creates, edits, converts, or analyzes files can produce results that are incomplete, inaccurate, or different from what you intended. You are solely responsible for reviewing and verifying every result before relying on, sending, filing, or publishing it. Without limitation:
- Redaction and removal:Content that appears to be removed, covered, or deleted may remain in a file's underlying data, metadata, prior versions, or attachments. You must independently confirm that sensitive information has been fully removed before sharing a file.
- Signatures: Any signature, initials, or signing feature is a convenience tool only. We make no representation that any signature created with the Software is legally valid, binding, or sufficient for any purpose, or that it satisfies any electronic signature law, notarization, or authentication requirement.
- Recognition, conversion, and automation: Text recognition (OCR), search, comparison, conversion, formatting, calculation, AI-assisted, and similar features may miss, misread, or alter content.
- Recovery features: Features such as saved versions, autosave, undo history, or recovery files are conveniences, not backups, and may not be available or complete.
8.3. Backups:
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR FILES. INDUSTRIES DESIGN SHALL HAVE NO LIABILITY FOR ANY LOSS, CORRUPTION, ALTERATION, OR DISCLOSURE OF YOUR FILES, INCLUDING AS A RESULT OF ANY ERROR, UPDATE, RESTRICTION, DEACTIVATION, OR REMOVAL OF THE SOFTWARE.
8.4. No Professional Advice:
The Software is a tool. It does not provide legal, financial, compliance, medical, or other professional advice, and you are solely responsible for ensuring that your use of the Software and Your Files complies with the laws, rules, and obligations that apply to you.
9. OFFICIAL BUILDS ONLY; SECURITY
This License applies only to Official Builds. Obtain the Software only from Industries Design, the Licensing Client, or an authorized App Store listing. Any copy that has been modified, repackaged, tampered with, cracked, or obtained from any other source is unlicensed and may contain malicious code, and INDUSTRIES DESIGN SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY COPY OF THE SOFTWARE THAT IS NOT AN OFFICIAL BUILD, or for any harm arising from its installation or use. You are responsible for the security of your Devices, networks, and accounts. We do not warrant that the Software is free of vulnerabilities, and you should install Updates promptly.
10. THIRD-PARTY & OPEN-SOURCE COMPONENTS
The Software may include or rely on components, libraries, fonts, and services provided by third parties, including open-source software. Such components are licensed under their own license terms, notices for which are included with the Software or available on request, and nothing in this License limits any right you have under those terms. Third-party services the Software connects to are governed by their providers' terms, and we are not responsible for their availability, conduct, or changes.
11. COMPATIBILITY
We do not warrant that the Software will be compatible with, or continue to work on, any particular Device, hardware, operating system, operating-system update, browser, security or antivirus product, network configuration, or other software, or that it will not be flagged, blocked, or quarantined by any operating system, security feature, or antivirus product.
12. TERM & TERMINATION
12.1. Term:
This License takes effect when you first accept it or install, activate, access, or use the Software, whichever is earliest, and continues until terminated.
12.2. Automatic Termination:
Your license terminates automatically, without notice, if:
- the Licensing Client's right to provide the Software to you ends for any reason, including expiration, cancellation, or non-payment of its subscription or agreement with us;
- the Licensing Client withdraws your access or requests that we revoke it;
- you breach any term of this License;
- your License Key is revoked, expires, or is moved to another Device; or
- we discontinue the Software.
We may also suspend or terminate your license at any time if we reasonably believe it is necessary to protect the Software, our systems, other users, or our legal rights.
12.3. Effect of Termination:
Upon termination, all rights granted to you end immediately, and you must stop using the Software and uninstall and delete all copies of it. The Software may cease to function, lock, or remove itself as described in Section 6. Industries Design has no obligation to refund any amount, any fees you paid to the Licensing Client are solely a matter between you and the Licensing Client, and App Store purchases are governed by Section 20.4. Sections 3, 4, 6.2, 8, 9, and 12 through 22 survive termination.
13. HIGH-RISK USE PROHIBITED
THE SOFTWARE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN ANY HIGH-RISK OR SAFETY-CRITICAL ENVIRONMENT, INCLUDING MEDICAL DIAGNOSIS, TREATMENT, OR MONITORING; LIFE SUPPORT; EMERGENCY SERVICES; TRANSPORTATION CONTROL; NUCLEAR FACILITIES; OR ANY OTHER USE IN WHICH A FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. ANY SUCH USE IS AT YOUR SOLE RISK.
14. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. INDUSTRIES DESIGN, ON BEHALF OF ITSELF AND ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, THAT IT WILL MEET YOUR REQUIREMENTS, THAT ANY RESULT WILL BE ACCURATE OR COMPLETE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR FROM THE LICENSING CLIENT CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE ANY SUCH WARRANTY IS LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDUSTRIES DESIGN LLC OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR ANY LOSS, CORRUPTION, ALTERATION, OR DISCLOSURE OF YOUR FILES, OR ANY COST OF SUBSTITUTE SOFTWARE, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE (INCLUDING ITS UPDATES, RESTRICTION, DEACTIVATION, OR REMOVAL), UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDUSTRIES DESIGN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO INDUSTRIES DESIGN FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
If you are a Licensing Client, the limitation of liability in our Terms of Service governs instead of this Section.
16. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Industries Design LLC and its affiliates, members, managers, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Software; (b) Your Files, including their content and your use or distribution of them; (c) your breach of this License; or (d) your violation of any law or of the rights of any third party.
17. RELATIONSHIP WITH THE LICENSING CLIENT
The Licensing Client is an independent business and is not our agent, partner, or representative. The Licensing Client has no authority to make any promise, warranty, or commitment on our behalf, and we are not responsible for its acts, omissions, statements, billing, or support. Our agreement with the Licensing Client is solely between us and the Licensing Client, and nothing in it grants you any right against us. Questions about access, billing, accounts, and support should be directed first to the Licensing Client. If you are yourself a Licensing Client, our Terms of Service and any applicable Statement of Work also apply to you, and they control over this License in the event of a conflict.
18. PRIVACY
We handle the licensing and technical data described in Section 6 in accordance with our Privacy Policy. Where the Licensing Client provides the Software to you, the Licensing Client may also collect or control information about your use of the Software under its own policies.
19. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
19.1. Informal Resolution First:
Before starting any arbitration, you agree to first contact us at legal@industriesdesign.com with a written description of the dispute and to negotiate in good faith for at least thirty (30) days.
19.2. Binding Arbitration:
Any dispute, claim, or controversy arising out of or relating to this License or the Software shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if you are an individual using the Software primarily for personal, family, or household purposes, its Consumer Arbitration Rules. The arbitration will take place in Dover, Delaware, except that an individual consumer may choose to proceed by video or telephone or in the county where they live. Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court if it qualifies; and (b) Industries Design may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or to stop unauthorized use of the Software.
19.3. Class Action and Jury Trial Waiver:
YOU AND INDUSTRIES DESIGN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.
19.4. Batch Arbitration:
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Industries Design by or with the assistance of the same or coordinated counsel or organizations within a ninety (90) day period, those demands shall be administered in batches of up to one hundred (100) demands each. Each batch shall be decided by a single arbitrator in a single proceeding, with one set of filing and administrative fees per batch, and the parties shall cooperate in good faith with the AAA to implement this process. The claims in each demand remain individual claims, and this Section does not authorize class, collective, or representative arbitration. The informal resolution requirement of Section 19.1 applies to each claimant, and any filing deadlines are tolled while a demand awaits assignment to a batch.
19.5. Opt-Out:
You may opt out of this arbitration agreement by emailing legal@industriesdesign.com within thirty (30) days after you first accept this License, stating your name, the Software, and that you opt out of arbitration. Opting out does not affect any other part of this License. If you opt out, or if this Section 19 is found unenforceable, disputes shall be brought exclusively in the state or federal courts located in Delaware, and you consent to their personal jurisdiction.
19.6. Time Limitation on Claims:
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO CLAIMS BY INDUSTRIES DESIGN FOR INFRINGEMENT OR MISUSE OF ITS INTELLECTUAL PROPERTY.
19.7. Governing Law:
This License is governed by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20. APPLE APP STORE, GOOGLE PLAY & OTHER APP STORES
20.1. Applicability:
This Section applies to Software you obtain through the Apple App Store, Google Play, or any other app marketplace (each, an "App Store"), and controls over any conflicting provision of this License for such Software. The "App Provider" is the party identified as the developer or seller of the Software on the App Store listing, which may be Industries Design or the Licensing Client. Where the Licensing Client is the App Provider, it makes the Software available to you under this License as our authorized distributor, and the terms of this Section apply to the App Provider as well as to us.
20.2. Additional Terms for Apple Devices:
If you obtain the Software from the Apple App Store:
- Parties.This License is concluded between you and the App Provider (and Industries Design) only, and not with Apple Inc. ("Apple"). The App Provider, not Apple, is solely responsible for the Software and its content.
- Scope of License. Your license is limited to using the Software on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Software may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, in each case subject to the rest of this License.
- Maintenance and Support. The App Provider is solely responsible for providing any maintenance and support services for the Software, to the extent specified in this License or required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the Software.
- Warranty.The App Provider is responsible for any product warranty, whether express or implied by law, to the extent not effectively disclaimed under Section 14. If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, that you paid for the Software. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the App Provider's responsibility, subject to Sections 14 and 15.
- Product Claims. The App Provider, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or your possession or use of it, including: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Such claims remain subject to the disclaimers and limitations in Sections 14 and 15 to the extent permitted by applicable law.
- Intellectual Property Claims.As between the App Provider and Apple, in the event of any third-party claim that the Software or your possession and use of it infringes that third party's intellectual property rights, the App Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
- 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.
- Third-Party Terms. You must comply with all applicable third-party terms of agreement when using the Software, such as your wireless data service agreement.
- Contact. Questions, complaints, or claims regarding the Software should be directed to the App Provider using the contact information on the App Store listing, or to Industries Design using the contact information in Section 22.7.
- Third-Party Beneficiary.Apple and Apple's subsidiaries are third-party beneficiaries of this License, and upon your acceptance of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third-party beneficiary.
20.3. Google Play and Other App Stores:
Google LLC and the operator of any other App Store are not parties to this License and have no responsibility for the Software, its content, or its maintenance or support. Your download and use of the Software through an App Store are also subject to that App Store's terms of service and policies, and you must comply with them.
20.4. Purchases, Subscriptions & Refunds:
Purchases, in-app purchases, and subscriptions made through an App Store are sold and billed by the App Store operator under its own terms, including its terms for renewal, cancellation, and refunds. We cannot issue refunds for, or cancel, App Store purchases or subscriptions; you must manage them through your App Store account. Deleting the Software does not cancel a subscription. Nothing in this License limits any refund right you have under an App Store's refund policy.
20.5. Mandatory App Store Terms:
If any provision of this License conflicts with terms that an App Store requires its developers' license agreements to include, the App Store's required terms control only to the extent necessary to resolve the conflict.
21. EXPORT, SANCTIONS & GOVERNMENT USE
You shall comply with all applicable export control and economic sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. sanctions, and are not identified on any U.S. government restricted- or denied-party list, and you shall not use, export, or re-export the Software in violation of those laws. The Software is "commercial computer software" and related documentation; any use by or for the U.S. Government is governed solely by this License, consistent with FAR 12.212 and DFARS 227.7202, as applicable.
22. GENERAL PROVISIONS
22.1. Changes to This License:
We may update this License at any time by posting a revised version at industriesdesign.com/software-license with an updated "Last Updated" date, and the Software may ask you to accept the updated version. Your continued use of the Software after the updated version takes effect constitutes your acceptance of it. Changes do not apply to any dispute that arose before the change took effect.
22.2. Entire Agreement:
As between you and Industries Design, this License, together with our Privacy Policy and any terms displayed within the Software, is the entire agreement regarding the Software and supersedes any prior understanding regarding it, subject to Section 17 if you are a Licensing Client.
22.3. Assignment:
You may not assign or transfer this License or any rights under it without our prior written consent, and any attempt to do so is void. We may assign this License freely, including in connection with a merger, acquisition, or sale of assets.
22.4. Severability; No Waiver:
If any provision of this License is held unenforceable, it shall be limited or eliminated to the minimum extent necessary and the remainder shall remain in full force and effect. Our failure to enforce any provision is not a waiver of it.
22.5. Third-Party Beneficiaries:
Our affiliates, members, managers, officers, employees, contractors, agents, and licensors are intended beneficiaries of the disclaimers and limitations of liability in this License, and Apple is a third-party beneficiary as provided in Section 20.2(J). Otherwise, this License confers no rights on any third party.
22.6. Electronic Acceptance and Communications:
You agree that accepting this License electronically, including by checking a box, clicking a button, or installing or using the Software, is as binding as a signed writing, and that notices we provide electronically satisfy any requirement that they be in writing.
22.7. Contact Information:
For questions, complaints, or claims about this License or the Software, contact Industries Design LLC at legal@industriesdesign.com. For help using the Software, contact the Licensing Client or support@industriesdesign.com.