Terms of Use for Magenxx
1. Acknowledgement
By downloading or using the Magenxx Licensed Application (the “Application”), you acknowledge and agree that this End-User License Agreement (“EULA”) is concluded between you and Magenxx Science & Technology LTD. (“Magenxx”) only, and not with Apple Inc. (“Apple”) and/or with Google LLC (“Google”). Magenxx, not Apple or Google, is solely responsible for the Application and the content thereof.
2. Scope of License
The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple or Google branded products that you own or control and as permitted by the Usage Rules set forth by Apple and/or Google Terms and Conditions, except that such Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and Support
Magenxx is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, or as required under applicable law. You and Magenxx acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Warranty
Magenxx is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Magenxx’s sole responsibility.
5. Product Claims
You and Magenxx acknowledge that Magenxx, not Apple or Google, is responsible for addressing any claims of yours or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This EULA may not limit Magenxx’s liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights
You and Magenxx acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Magenxx, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. 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.
8. Developer Name and Address
Magenxx Science and Technology LTD
739 D’Arcy Street, Suite 300
Cobourg, ON, K9A 0H6
Email: licenses@magenxx.com
9. Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, you must not be in violation of their wireless data service agreement when using the Application.
10. Third Party Beneficiary
You and Magenxx acknowledge and agree that Apple and/or Google, and their subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
By using the Magenxx Application, you agree to these terms. If you do not agree to these terms, do not use the Application.