This End User License Agreement (“Agreement”) is between you and Nebula SRL (“Developer”), and governs use of this application made available through the Apple App Store. By installing Happy Mail (“the App”), you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the App.
You acknowledge that Agreement is between you and Developer only, and not Apple, Inc. (“Apple”). Developer, not Apple, is solely responsible for the App and its content.
2. Scope of License
Developer grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on Apple devices running iOS (including, but not limited to: iPhone, iPad, and iPod Touch) (“iOS Devices”) that you own or control and as permitted by the App Store Terms of Service (“Usage Rules”). This license does not allow you to use the App on any iOS Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell your iOS Device to a third party, you must remove the App from the iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of the Developer and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
3. Maintenance and Support
Developer does not provide maintenance or support for the App, but, to the extent that any maintenance or support is required by applicable law, Developer, not Apple, shall be obligated to furnish any such maintenance or support.
Developer expressly disclaims all warranties relating to the App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, in the event of any failure of the App to conform to any such warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Developer’s sole responsibility.
5a. Product Claims
Developer, not Apple, is responsible for addressing any claims by you, or a third-party, relating to your possession and/or use of the App, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
5b. Limitation of Liability
To the fullest extent permitted by law, in no event will Developer be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages for any loss of use, data, business, or profits, regardless of legal theory.
6. Third Party Intellectual Property Claims
Developer shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to your possession and/or use of the App. To the extent Developer is required to provide indemnification by applicable law, Developer, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right.
7. Legal Compliance
By consenting to this agreement, 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.
8. Developer Name and Address
Any questions, complaints, or claims with respect to the App should be directed to:
Piazza Indipendenza 2
53100 Siena Italy