This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you” or “your”) and Ghana Radios (“Ghana Radios,” “we,” “us” or “our”) governing your use of the software applications that Ghana Radios makes available for download to mobile phones, tablets, set-top boxes and other consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis (individually and collectively, the “App”), the website located at https://ghanaradiosonline.com and any other online properties owned or controlled by or on behalf of Ghana Radios (each a “Website” and, collectively, the “Websites”) (the App and any Websites are the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA SENT TO YOU, CONTACT GHANA RADIOS AT [email protected] YOUR USE OF THE SERVICE, AND GHANA RADIOS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GHANA RADIOS AND BY YOU TO BE BOUND BY THIS EULA. THIS PREAMBLE IS INCORPORATED BY REFERENCE INTO THE EULA.
Except for certain kinds of disputes, you agree that disputes arising under this EULA will be resolved by binding, individual arbitration, and BY ACCEPTING THIS EULA, YOU AND GHANA RADIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
- the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- we provide the Service to you on an “as is” basis without warranties of any kind and Ghana Radios’s liability to you is limited; and
- if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 15 below.
1. General Terms and Conditions.
a. Changes to this EULA. You understand and agree that we may, from time to time, change this EULA. Please check this EULA periodically for changes. We will try to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective immediately, except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable or you do not agree to the modified EULA, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Ghana Radios provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and Ghana Radios that arose prior to the effective date of such revision. Except as expressly permitted in this Section 1.a, this EULA may be amended only by a written agreement signed by authorized representatives of the parties to this EULA.
c. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY GHANA RADIOS. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you represent and warrant to us that either you are at least the age of majority in your jurisdiction or you have been authorized to use the Service by your parent or legal guardian who is at least the age of majority in your jurisdiction. If you are an entity, organization, or company, the individual accepting this EULA on your behalf represents and warrants that they have authority to bind you to this EULA and you agree to be bound by this EULA.
d. Additional Terms. Your use of the Service is subject to all additional terms and/or policies beyond those mentioned in Section 1.b that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to contests that we run on the Service (“Additional Terms”). Any such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
2. The Service.
a. Description. Ghana Radios provides an information location tool and audio guide service offering access to a selection of indexed radio stations, including radio stations, and other content created by or on behalf of Ghana Radios. Certain features of the Service are available to you free of charge (the “Free Service”).
i. Service. You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.
iii. No Rights to Compensation. In return for enjoying the Free Service, you further acknowledge and agree that Ghana Radios may generate revenues (including from advertising and sponsorships), increase goodwill or otherwise increase the value of Ghana Radios from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
c. Changes to the Service. Ghana Radios may at its sole discretion and from time to time change, add or remove features, functionality and content of or available through the Service, temporarily or permanently, without any notice to you. Ghana Radios may also terminate or discontinue support for any versions of the App, whether it was offered for free or for a fee. Ghana Radios also reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of software updates and support for different devices or platforms). You acknowledge and agree that Ghana Radios will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, any App, or any specific functionality of the Service or the removal of any features, functionality or content, including any paid-for functionalities of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein.
d. Mobile Services. The Service is currently accessible via computer or on a mobile phone, tablet or other connected device (collectively, “Mobile Services”). Your mobile carrier’s or ISPs normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.
e. Service Security. You may not violate, or attempt to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service. Ghana Radios reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations. This cooperation may include the disclosure of all or your activities on or related to the Service. You agree to promptly notify Ghana Radios if you learn or reasonably suspect that any security breach related to the Service has occurred.
3. Intellectual Property Rights.
a. Service. Subject to your complete and ongoing compliance with this EULA, Ghana Radios hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service, solely for your personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict compliance with the provisions of this EULA. Except as expressly set forth in the preceding sentence or to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, sell, license, create derivative works of, or in any way exploit any part of the Service; (ii) alter or modify the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
b. Ghana Radios Content. Except for User Content (defined below) and third-party content owned or controlled by third-party transmitting entities over whom Ghana Radios does not exercise a right and ability to control and where such content is made available through the Service when Ghana Radios is providing an information location tool, index or directory service (“Third-Party Content”), the content that Ghana Radios itself provides to Users on or through the Service, including without limitation, any radio programs, podcasts or other audio content, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and is owned by Ghana Radios or its third-party licensors (collectively, the “Ghana Radios Content”). You acknowledge that certain transmitting entities may provide consideration to Ghana Radios for inclusion in the Service when Ghana Radios is providing an information location tool, index or directory service. You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, “Use”) any Ghana Radios Content without Ghana Radios’s prior authorization. You may not Use any User Content or Third-Party Content without the prior authorization of the owners or authorized licensors of such content, notwithstanding any functionalities of the Service. Ghana Radios does not guarantee access to any particular User Content, Ghana Radios Content, or Third-Party Content. Ghana Radios or its licensors, and the owners of User Content and Third-Party Content, may change, delete, or prohibit access to Ghana Radios Content, User Content or Third-Party Content, as the case may be, or schedules of any of the foregoing, at any time with or without notice. You understand that by using the Service, you may encounter User Content, Third-Party Content, and Ghana Radios Content that you may find offensive or objectionable and that might constitute Objectionable Content. Ghana Radios is not the publisher of, nor responsible for, any Objectionable Content made available in User Content or Third Party Content, and to the fullest extent permitted by law, Ghana Radios will have no liability to you with respect to Objectionable Content you access via the Service. User Content, Third Party Content, and Ghana Radios Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms may be designed to protect the copyright interests of Ghana Radios or its licensors or third party transmitting entities, as applicable. These copy protection mechanisms may limit or prevent the ability of the Service to play Ghana Radios Content, User Content or Third Party Content. You agree that Ghana Radios will have no liability to you or any third party with regard to your ability to access, listen to, or otherwise use, any Ghana Radios Content, User Content or Third Party Content due to a copy protection mechanism. You may not remove or attempt to circumvent any copyright protection mechanisms in any Ghana Radios Content, User Content or Third Party Content without express authorization of the owner of such content or their authorized agent, or as otherwise permitted by law, and any attempts to do so may subject you to liability.
c. Marks. Ghana Radios trademarks, service marks and logos (the “Ghana Radios Trademarks”) used and displayed on the Service are Ghana Radios’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Ghana Radios Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Ghana Radios or the applicable third-party, Ghana Radios’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Ghana Radios’s prior express written consent. All goodwill generated from the use of any Ghana Radios Trademark will inure solely to Ghana Radios’s benefit.
d. Restrictions. The Service, Ghana Radios Content, and Trademarks, including all intellectual property rights therein, are the sole and exclusive property of Ghana Radios and its licensors. Ghana Radios hereby reserves all rights not expressly granted to you in this Section 3. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Ghana Radios Content or Trademarks located or displayed therein. Except for the right to access Third Party Content through the Service, no rights are hereby granted to you with respect to such Third Party Content.
4. User Content and Other Content.
a. Definition. This Section governs any material that you broadcast, post, publish, send, submit, transmit, or upload (collectively, “Post”) through the Service, including, by way of example and not limitation, messages, reviews, photographs, graphics, images, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), folders, data, text, and any other works of authorship or other works (collectively, “User Content”) and other activities that Ghana Radios may take with respect to materials accessible through the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in this EULA.
b. License to User Content. By Posting User Content to or through the Service, you hereby grant to Ghana Radios (and Ghana Radios’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free, fully paid-up right and license throughout the world to Use all User Content you Post to or through the Service, through any media and formats now known or hereafter developed, in connection with the Service or our business. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.
Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
d. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post any User Content to the Service if you are not the owner of or are not fully authorized to grant rights throughout the universe in all elements of the User Content you intend to Post to the Service. Ghana Radios disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent and warrant to us that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not infringe, violate, misappropriate, or otherwise breach any third-party right, including any privacy rights, rights of publicity, copyrights, trademarks, patents, trade secrets, moral rights, contract rights, intellectual property rights or any other rights of any party in any territory throughout the universe and does not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) the Posting of your User Content on the Service will not cause Ghana Radios to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party; and (v) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
e. Acceptable Uses and Objectionable Content. We want Users to have an enjoyable experience when they use the Service. You are required to comply with the Acceptable Use Policy when Posting any User Content to the Service. The Posting of any Objectionable Content, as defined in the Acceptable Use Policy, may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. If you encounter any Objectionable Content on the Service, then please immediately email Ghana Radios at [email protected]. You acknowledge and agree that Ghana Radios provides you with the ability to report Objectionable Content as a courtesy, and Ghana Radios has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, Ghana Radios in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service, and/or reporting the User to law enforcement or other governmental authorities, either directly or indirectly. Ghana Radios is under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Ghana Radios with respect to User Content.
f. Monitoring. Ghana Radios has the right, but not the obligation, to monitor the Service, and may remove or restrict access to any User Content, Third Party Content or Ghana Radios Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that Ghana Radios may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content or Ghana Radios Content will be retained by the Service and the maximum storage space that will be allotted on Ghana Radios’s servers on your behalf. You acknowledge and agree that Ghana Radios may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this EULA; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Ghana Radios, its Users and the public. You understand that Ghana Radios does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.
5. Special Notice for International Use; Export Controls.
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. You download and use the software at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. Ghana Radios makes no representation that the Service is appropriate or available for use in any particular location.
6. Advertisements and External Sites.
a. Advertisements. Ghana Radios may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. Ghana Radios does not endorse or represent such third parties, and by using the Service, you agree that Ghana Radios is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
b. External Sites. The Service may contain links to or the ability to share information with third-party websites (“External Sites”), such as Twitter, Tumblr or Facebook, including through our implementation of third-party buttons (such as “share” buttons). By using a tool that enables you to export information, including User Content, to an External Site, you hereby authorize Ghana Radios to transfer that information to the applicable External Site. External Sites are not under Ghana Radios’s control, and, to the fullest extent permitted by law, Ghana Radios is not responsible for any External Site’s use of your exported information. Once sharing occurs, Ghana Radios will have no control over the information that has been shared. Ghana Radios does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Ghana Radios is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and connected devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Ghana Radios will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
We respect and appreciate the thoughts and comments from our Users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Ghana Radios an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
8. Third Party Disputes.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE GHANA RADIOS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to indemnify and hold Ghana Radios, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Ghana Radios Content; (b) your User Content; (c) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. Ghana Radios will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Ghana Radios is unable to communicate with you in a timely manner because of an inactive e-mail address for you, then your indemnification obligation will continue notwithstanding Ghana Radios’s inability to contact you in a timely manner. Ghana Radios reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter that is subject to indemnification under this Section at your sole expense. In such case, you agree to cooperate with any reasonable requests to assist Ghana Radios’s defense of such matter.
10. Ghana Radios App
This section describes the use of Ghana Radio Online content in the mobile app. Ghana Radio has the right to publish all radio stations on our online platform to our mobile app. By submitting your station via this form https://ghanaradiosonline.com/submit-radio/, Ghana Radios is hereby authorized to use such information on our mobile app.
11. Term and Termination of the EULA.
a. Term. As between you and Ghana Radios, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Ghana Radios.
b. Termination. You may terminate this EULA by sending written notification to Ghana Radios at [email protected] deleting the App from your connected device and terminating all other uses of the Service. Ghana Radios reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party. Ghana Radios may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your Account credentials. Ghana Radios reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
c. Effect of Termination. After any termination of this EULA, you understand and acknowledge that (i) we will have no further obligation to provide the Service to you; and (ii) all licenses and other rights granted to you in this EULA will immediately cease. Ghana Radios is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information (including your User Content) that you have Posted to the Service or that is related to your Account. Furthermore, Ghana Radios will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
12. Consent to Electronic Communications.
13. Contact Us.
If you have any comments, complaints, suggestions about this EULA or the Service or otherwise would like to contact us, then you can contact Ghana Radios by email at [email protected], or by post at Ghana Radios 10 Agorkpo Street, Big Ada, Inside Aqua Safari Resort, Accra GY-0000-8253
14. No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
15. NOTICE REGARDING APPLE.
This Section 15 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and Ghana Radios only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby 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.