The Tempori App is licensed, not sold, to you through the App Store. Your license to the Tempori App is subject to your prior acceptance of this License Agreement. The developer of the Tempori App, Tempori LLC, reserves all rights in and to the Tempori App not expressly granted to you under this Agreement.
a. Scope of License. Tempori LLC grants to you a nontransferable license to use the Tempori App. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Tempori App as well as upgrades that replace or supplement the original app. You may not transfer, redistribute or sublicense the Tempori App and, if you sell your Apple Device to a third party, you must remove the Tempori App from the Apple Device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Tempori 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 Tempori App).
b. Consent to Use of Data. You agree that Tempori LLC 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 Tempori App. Tempori LLC 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.
c. Termination. This License Agreement is effective until terminated by you or Tempori LLC. Your rights under this License Agreement will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Tempori App may enable access to Tempori LLC’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Tempori LLC 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 the Tempori App or External Services, including but not limited to financial, medical and location information, are for general informational purposes only and are not guaranteed by Tempori LLC or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Tempori LLC or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Tempori LLC is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Tempori LLC reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. No Warranty. You expressly acknowledge and agree that use of the Tempori App is at your sole risk. To the maximum extent permitted by applicable law, the Tempori App and any services performed or provided by the Tempori App are provided "as is" and “as available,” with all faults and without warranty of any kind, and Tempori LLC hereby disclaims all warranties and conditions with respect to the Tempori App 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 Tempori LLC or its authorized representative shall create a warranty. Should the Tempori App 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.
f. Limitation of Liability. To the extent not prohibited by law, in no event shall Tempori LLC 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 Tempori App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Tempori LLC 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 Tempori LLC’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.
g. You may not use or otherwise export or re-export the Tempori App except as authorized by United States law and the laws of the jurisdiction in which the Tempori App was obtained. In particular, but without limitation, the Tempori App 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 Tempori App, 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, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Tempori App 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 reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Tempori LLC shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You and Tempori LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Tempori App's services from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.