LICENSED APPLICATION END USER LICENSE AGREEMENT
Last Updated 9/20/2022
Cloudburst Ag is licensed, not sold, to you. Your license to Cloudburst Ag is subject to your acceptance of this Licensed Application End User License Agreement (“EULA”). Your license to Cloudburst Ag under this EULA is granted by Main Street Data Corp. (“Licensor”). Cloudburst Ag is referred to herein as the “Licensed Application.” Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
- Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any electronic device that you own or control and as permitted by the Terms of Service. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application. Except as provided in the Terms of Service, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time other than via a family sharing program provided by Apple or Google Play or volume purchasing. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your electronic device on which you have downloaded the Licensed Application to a third party, you must remove the Licensed Application from the electronic device before doing so. You may not copy (except as permitted by this license and the Terms of Service), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed 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 Licensed Application).
- Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Pricing, Maintenance and Support. Payment shall be charged to your iTunes account or Google Play account at confirmation of purchase. Licensor shall provide any maintenance and support services with respect to the Licensed Application or as required by law. Neither Apple nor Google Play shall have any obligation to furnish any maintenance or support services with respect to the Licensed Application.
- Termination and Automatic Renewal. This EULA is effective until terminated by you or Licensor. Your subscription will automatically renew monthly unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period at the then current pricing schedule for the Licensed Application. Your subscription to the Licensed Application may be managed by you and auto-renew may be turned off by going to your Account Settings after purchase of the Licensed Application. Any unused portion of a free trial period, if any, will be forfeited when the user purchases a subscription to the Licensed Application, where applicable. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
- External Services and Terms of Agreement. The Licensed Application may enable access to third-party services and websites, including those of Apple and/or Google Play (collectively and individually, “External Services”). You must comply with the applicable terms of agreement when utilizing the External Services of third parties while using the Licensed Application. You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple or Google Play, and Apple or Google Play will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by law, you and Licensor acknowledge that neither Apple nor Google Play will have any 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 shall be directed to the Licensor instead of Apple or Google Play.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Product and Intellectual Property Claims. You and Licensor both acknowledge that Licensor is responsible for addressing any claims by you relating to the Licensed Application or your possession and/or use of the 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, privacy or similar legislation. You and Licensor acknowledge that, in the event of a third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Licensor, and not Apple or Google Play, shall be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law. You represent and warrant that (i) you are not located in a country that is subject to the 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.
- The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
- Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Licensor shall be governed by the laws of the State of Missouri. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson County, Missouri, to resolve any dispute or claim arising from this Agreement.
- You and Licensor acknowledge and agree that Apple, Google Play and their subsidiaries are third party beneficiaries of this EULA, and upon your acceptance
- If you have any questions, complaints or claims with respect to the Licensed Application, please contact the Licensor at: Main Street Data Corp., Attn: Kathy Walker, 6701 64th Street, Bldg. 5, Suite 320, Mission, KS 66202.