This end-user license agreement (EULA) is a legal agreement between you (an individual or a single entity) and Marché ModTod, inc (“ModTod”) for use of the ModTod application (the “Application”). This Application is licensed to you by ModTod. By installing, accessing, copying, or otherwise using the Application and/or clicking “I agree” below, you will also confirm your understanding, acceptance, and receipt of the EULA and its terms and conditions, and you will acknowledge and demonstrate that you can access the EULA and the other electronic disclosures and information associated with the Application. This is required in order to install and/or access the Application. If you do not agree to the terms of this EULA, do not install, access or otherwise use the Application.
By installing, accessing, copying, or otherwise using the Application, you agree that such use will also be subject to:
(i) the ModTod Terms & Conditions (the “Terms”) available at Click Here.
Subject to the terms and conditions of this EULA and the Terms, ModTod grants you a non-exclusive, non-transferable license to install and/or use the Application. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Application as well as upgrades provided by ModTod that replace or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, 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 Application).
The Application is licensed to you for use only upon the terms of this EULA. ModTod, its affiliates, subsidiaries, vendors, licensors or suppliers reserve all rights not expressly granted to you. ModTod retains ownership of all copies of the Application. You must reproduce the copyright and all other proprietary notices displayed on all copies of the Application. The Application is protected by copyright laws and international treaties. The unauthorized reproduction or distribution thereof is subject to civil and criminal penalties. All title and intellectual property rights in and to the content which may be accessed through use of the Application is the property of the respective content owner(s) and may be subject to their end user license agreements. This EULA grants you no rights to use such content.
The terms of this EULA and the license granted to you will continue until it is terminated as provided in this section. Without prejudice to any other rights ModTod may have, this EULA will terminate automatically in the event that you violate any provision herein. Additionally, ModTod, at its sole discretion, may terminate this EULA at any time. You may terminate or cancel the license granted by discontinuing use of the Application.
As you use the Application, you may enable access to third-party services and websites (collectively and individually, “Third-Party Services”). You agree to use the Third-Party Services at your sole risk. ModTod is not responsible for examining or evaluating the content or accuracy of any Third-Party Services and shall not be liable for any such Third-Party Services.
You will not use the Third-Party Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of any third party. To the extent you choose to use such Third-Party Services, you are solely responsible for compliance with any applicable laws. ModTod reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Services at any time without notice or liability to you.
You acknowledge that security safeguards, by their nature, are capable of circumvention and ModTod does not and cannot guarantee that your customer data cannot be accessed by unauthorized persons capable of overcoming such safeguards. In particular, the data services may be used to access and transfer information, including your customer data, over the internet and to make such information available to you through the website. You acknowledge and agree that ModTod does not operate or control the internet and that: (i) viruses, worms and other undesirable data or software; or (ii) unauthorized users may attempt to obtain access to and damage the data services and your customer data, websites, computers, and networks. ModTod shall not be responsible for such activities. You are solely responsible for the security and integrity of your customer data and systems.
The Application is provided “as is”, without warranty of any kind. All warranties are disclaimed, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement or third-party intellectual property rights, that the Application’s functions will meet your requirements, that its operation will be uninterrupted or error free, or that the Application will be virus free. The entire risk as to the quality and performance of the Application is with you. This disclaimer applies to and is for the benefit of ModTod, its affiliates, other parties, vendors, and licensors.
To the maximum extent permitted by applicable law, in no event shall ModTod, its directors, employees, affiliates, subsidiaries, vendors, licensors or suppliers be liable to you or any third-party for any damages of any kind, including but not limited to punitive, exemplary, special, incidental, direct, indirect or consequential damages (for example, loss of personal or business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Application or failure to provide services. This limitation applies even if ModTod has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
This EULA constitutes the entire agreement between you and ModTod. You understand and agree that ModTod may revise the terms and conditions of this EULA at any time, and you agree to be bound by future revisions. Use of the Application after the effective date of the changes will constitute your consent to the changes.
You acknowledge and agree that each provision of this EULA that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk and is part of the consideration of this EULA. If any provisions of this EULA are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect.
This EULA shall be governed and construed in accordance with the laws of the Province of Quebec without reference to the choice of law principles and the parties hereby attorn to the jurisdiction of the courts in the legal district of Montreal, Québec. Any provisions of this EULA which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, unenforceability or illegality of the remaining provisions of this EULA.
If you downloaded the Application from the Apple App Store, the following terms also apply to you:
Acknowledgement: You acknowledge that this EULA is between you and ModTod only, and not with Apple, and ModTod, not Apple, is solely responsible for the Application and the content thereof.
Scope of License: The license granted to you for the Application is a limited, non-transferable license to use the Application on an Apple product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support: ModTod and not Apple is solely responsible for providing any maintenance and support services with respect to the Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Warranty: ModTod is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple 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 ModTod’s sole responsibility, as provided in this EULA.
Product Claims: ModTod, not Apple, is responsible for addressing any user or third party claims relating to the Application or the user’s possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You 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, ModTod not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement 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.
Developer Contact Info: Direct any questions, complaints or claims to: Marché ModTod inc. 418 Notre Dame Est., suite 101 Montreal, QC H2Y 1C8 or email@example.com.
Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Application
Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA, and that, upon your 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 you as a third party beneficiary thereof.By selecting “I agree” I represent and acknowledge that:
I have read, understood, and consented to electronic delivery of the disclosures above, and I agree to enter into a legally binding contract based on the above terms and conditions.
I intend the act of selecting “I agree” to be my legal signature to this EULA.
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