COAPT WEBSITE TERMS OF USE
This Terms of Use policy and agreement (the “Terms of Use”) represents and governs the agreement between Coapt, LLC (“Coapt”) and you, the individual (the “User”) utilizing Coapt’s Website and associated online materials (the “Website”). This Terms of Use describes the terms and conditions of the Website, of which the Website is owned solely by Coapt. The Website as governed by this Terms of Use may include but is not limited to rules and regulations for: usage, ownership, distribution, data rights, codes of conduct, and intellectual property that arises from the Website and associated programs, hardware, and products owned by Coapt. By using the Website, the User are agreeing to this Terms of Use policy and agreement as described.
This Terms of Use policy and agreement is subject to change at any time, without prior notice. Any change will replace any previous Terms of Use policy and agreement. Each User is recommended to review the Terms of Use each and every time they use the Website.
RELATIONSHIP
This Terms of Use provides information about Coapt’s products, associated intellectual property, and is intended for educational and informational purposes only. The information provided by the Terms of Use and the Website are not intended, in any fashion, to substitute, modify, or establish agency or relationship between in any combination, any number of: the User, Coapt, the User’s prosthetist, physician, or other healthcare professional. Any relationship initiated by or on behalf of the User within the Website should not be construed as an agent of Coapt unless otherwise specified.
INTELLECTUAL PROPERTY
The Coapt name, Coapt logo, products, and other Coapt trademarks, graphics, and content of the Website, including the “look and feel”, Website content, are all property of Coapt, LLC. The aforementioned intellectual properties are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws where appropriate.
The User may use the content of the Website for personal use only. The User may not use the content of the Website for any unlawful purpose. This includes the copying, modification, downloading, or distributing of underlying software within the Website, especially regarding software or firmware not intended to be accessed by the User. With the exception of the User’s personal use, the User shall not use the content of the Website without the prior written approval of Coapt.
If the User utilizes Coapt’s physical property, the Website, formulae, or intellectual property in violation of the Terms of Use, the User may be in violation of copyright, trademark, patent, trade secret, and other intellectual property laws maintained by Coapt. If Coapt determines that the User has violated the Terms of Use, Coapt has the right to revoke the User’s access to the Website, associated Coapt products, and recover for any damages\ associated with the infringement.
TESTIMONIALS
Any testimonials provided on the Website, or on social media, online chat rooms or forums, blogs, application stores, marketplaces, Coapt social media accounts, or reviews of the website are opinions of those providing them. In some cases, Coapt will display endorsements or comments (e.g., testimonials) from other users that have authorized Coapt to display such information on the Website, any applications, or other forms of media. The User’s experience may differ from any of those testimonials based on many factors including cognitive\ ability, physical ability, and any other factor that the User, the User’s prosthetist, physician, healthcare\ professional, or Coapt does not anticipate. It is to be understood that the nature of the Website and associated products may involve unique scenarios for each User, and that the User should consult experts about their personal circumstances prior to use.
MOBILE DATA
This section applies the Users of the mobile version of the Website as an extension of the Website. The use of the mobile version of the Website requires a connected device able to download and run the Website software. Coapt is not responsible for any additional fees or charges associated with the User’s mobile device and mobile data service.
Coapt makes no representations or warranties that the Website is compatible with the User’s device, network provider, or wireless data provider.
ELECTRONIC COMMUNICATIONS
While using the content of this Website, the User may provide contact information, demographic, personal, or otherwise “User Information”. Any User Information shared will be considered an authorization to collect such information, and to communicate with the User-based on the User Information provided. When providing User Information, the User warrants that the User Information is solely representative of the User, and not of another person(s) unless under express instruction on behalf of that person(s).
While using the content of this Website, the User may interact with Coapt’s social medical platforms. Any information shared as a result of this interaction will be considered an authorization to collect such information and communicate with the User. If the User shares User Information, content, or personal information through a non-secured medium on the Website, the User is solely responsible for the management of that information. For more information regarding Coapt’s data sharing and privacy policies, please review or ask for Coapt’s most up-to-date Privacy Policy documentation.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to Third Party websites. These Third-Party websites are not owned or operated by Coapt. These Third-Party websites are not monitored, endorsed, or reviewed by Coapt. When the User accesses these Third-Party websites through the Website, the User is subject to any of the Third Party’s terms and conditions, and where appropriate, the Terms of Use as noted herein.
NO WARRANTY AND DISCLAIMER
THE WEBSITE IS PROVIDED “AS IS”. COAPT MAKES NO OTHER WARRANTY WHATSOEVER, WRITTEN OR ORAL, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USAGE OF THE WEBSITE IS AT THE USER’S SOLE RISK.
COAPT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OF THIS WEBSITE. COAPT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE 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. THE USER ACKNOWLEDGES THAT THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF THE WEBSITE.
COAPT RESERVES THE RIGHT TO CHANGE THE CONTENT OF THIS WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
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 THE USER.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, THE USER AGREES THAT NEITHER COAPT, ITS EMPLOYEES, AGENTS AND/OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGE RESULTING FROM THE USER’S USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER SUCH LIABILITY IS RELATED TO TORT, CONTRACT, WARRANTY, OR STRICT LIABILITY LAW. THIS PROTECTION COVERS COAPT, ITS EMPLOYEES, AGENTS, AND/OR AFFILIATES. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
UNDER NO CIRCUMSTANCES WILL COAPT, ITS EMPLOYEES, AGENTS AND/OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE WEBSITE. IN 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 THE USER UNDER THESE CIRCUMSTANCES. HOWEVER, IN NO EVENT SHALL COAPT, COAPTS AFFILIATES OR COAPTS AGENTS BE LIABLE TO THE USER FOR ALL DAMAGES TO EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
JURISDICTION
The Website and Terms of Use are governed by the laws of the State of Illinois, without regard to conflicts of law provisions. In acceptance of the Terms of Use, the User consents and submit to the personal jurisdiction of the State of Illinois and venue of Cook County for any state or federal action arising from use of the Website or the Terms of Use, regardless of the location of the User. In acceptance of the Terms of Use, the User agrees to resolve any dispute or claim arising in recognition of the Website or this Terms of Use within Cook County, Illinois.
CONTACT INFORMATION
For more information please direct questions, complaints, or claims in respect to the Terms of Use or the Website to Coapt at info@coaptengineering.com or at +1 (844) 262-7800.
END USER LICENSE AGREEMENT
This End User License Agreement (the “EULA”) represents and governs the agreement between Coapt, LLC (“Coapt”) and you, the individual (the “User”) utilizing the Complete ControlRoomv2 application. This EULA describes the terms and conditions of the Complete ControlRoomv2 application (the “Application”), of which the Application is owned solely by Coapt. The Application as governed by this EULA may include but is not limited to rules and regulations for: usage, ownership, distribution, data rights, codes of conduct, and intellectual property that arises from the Application and associated programs, hardware, and products owned by Coapt. By using the Application, the User is agreeing to this EULA as described herein as a non-exclusive, non-transferable license. It is to be understood that the Application as provided to the User is licensed, not sold, to the User.
This EULA is described in multiple parts, and may be different depending on the medium, program, operating system, device (e.g., iOS, Android, Web Site, tablet, phone, PC, etc.), or platform (the “Platform”) in which the User engages with the Application. It is recommended that the User fully understand their chosen Platform as the EULA may govern each Platform differently. This EULA is subject to change at any time, without prior notice to the User. Any change will replace any previous EULA. Each User is recommended to review the EULA each and every time they use the Application.
MEDICAL RELATIONSHIP
This EULA provides information about Coapt’s products, associated intellectual property, and is intended to be educational and informative about Coapt’s Application usage policy and agreement. The information provided by the EULA and the Application are not intended, in any fashion, to substitute, modify, or establish agency or relationship between in any combination, any number of: the User, Coapt, the User’s prosthetist, physician, or other healthcare professional. Any relationship initiated by or on behalf of the User within the Application should not be construed as an agent of Coapt unless otherwise specified.
INTELLECTUAL PROPERTY
The Coapt name, Coapt logo, products, and other Coapt trademarks, graphics, and content of the Application, including the “look and feel”, Website content, are all property of Coapt, LLC. The aforementioned intellectual properties are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws where appropriate.
The User may use the content of the Application for personal use only. The User may not use the content of the Application for any unlawful purpose. This includes the copying, modification, downloading, or distributing of underlying software within the Application, especially regarding software or firmware not intended to be accessed by the User. With the exception of the User’s personal use, the User shall not use the content of the Application without the prior written approval of Coapt.
If the User utilizes Coapt’s physical property, the Application, formulae, or intellectual property in violation of the EULA, the User may be in violation of copyright, trademark, patent, trade secret, and other intellectual property laws maintained by Coapt in addition to the terms of this EULA. If Coapt determines that the User has violated the EULA, Coapt has the right to revoke the User’s access to the Application, associated Coapt products, and recover for any damages associated with the infringement.
TESTIMONIALS
Any testimonials provided by reviews of the Application on online application stores, marketplaces, or Coapt social media accounts are opinions of those providing them. In some cases, Coapt will display endorsements or comments from other users that have authorized Coapt to display such information on the website, Application, or other forms of media. The User’s experience may differ from any of those testimonials based on many factors including cognitive ability, physical ability, and any other factor that the User, the User’s prosthetist, physician, healthcare professional, or Coapt does not anticipate. It is to be understood that the nature of the Application and associated products may involve unique scenarios for each User, and that the User should consult experts about their personal circumstances prior to use.
MOBILE DATA
For the purposes of this EULA, the mobile version of the Complete ControlRoomv2 is to be treated as an extension of the Application. The use of the mobile version of the Application requires a connected device able to download and run the Complete ControlRoomv2 software. Coapt is not responsible for any additional fees or charges associated with the User’s mobile device and mobile data service.
Coapt makes no representations or warranties that the application is compatible with the User’s device, network provider, or wireless data provider.
DATA COLLECTION
The Application may collect information about the User, including information about how the User utilizes associated Coapt devices, programs, websites, products, hardware, and software (e.g., the Application). For the purposes of data collection, this may include but is not limited to: personalization, frequency of use, methods of usage, biosignal data and/or analytics, and demographic information. This may include technical information about the User’s device, system, and application software, and peripherals that are gathered and used to support services to the User (if any) related to the Application.
The aforementioned information may be collected for various purposes, including but not limited to: the improvements of Coapt products, processes, legal and regulatory purposes, monitoring for adverse events, analytics improvements, provisioning of User comparative data, remedy identification, expert notification and awareness (such as notifying a User’s pre-approved prosthetist or healthcare provider), and other business operations. Any information collected for these purposes will be de-identified unless otherwise specified and agreed to by the User. Coapt will never sell data that it collects about the User unless determined appropriate under Coapt’s Privacy Policy. By using the Application, the User is agreeing that your data may be collected and used as per the EULA as described herein.
Please see the Complete ControlRoomv2 Privacy Policy for more information about what data is collected, how it is used, and when it is determined appropriate for Coapt to share or distribute collected information. Coapt values the privacy of each User, and will maintain strict protocols on data management to prevent leakages and loss of information.
RESEARCH
The Application may collect information about the User should they be involved in a research study. If the User is enrolled in a research study that utilizes the Application to collect data about the User, an informed consent form will be provided to the User. This informed consent form will contain more information about the data being collected, the User’s rights as a subject, and Coapt’s obligations as a research sponsor.
Each research study initiated by Coapt that a User agrees to participate in may have terms and conditions that directly contradict with this EULA, in which case the terms of the associated research study supersede this EULA. It is recommended that the User carefully review any associated research studies they agree to participate in and to ask a Coapt representative how the research study will impact the terms of this EULA.
NO WARRANTY AND DISCLAIMER
THE APPLICATION IS PROVIDED “AS IS”. COAPT MAKES NO OTHER WARRANTY WHATSOEVER, WRITTEN OR ORAL, EXPRESS OR IMPLIED, REGARDING THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USAGE OF THE APPLICATION IS AT THE USER’S SOLE RISK.
COAPT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OF THIS APPLICATION. COAPT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH] RESPECT TO THE APPLICATION AND ANY SERVICES, ETHER 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. THE USER ACKNOWLEDGES THAT THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF THE APPLICATION.
COAPT RESERVES THE RIGHT TO CHANGE THE CONTENT OF THE APPLICATION AT ANY TIME, WITHOUT PRIOR NOTICE.
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 THE USER.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, THE USER AGREES THAT NEITHER COAPT, ITS EMPLOYEES, AGENTS AND/OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGE RESULTING FROM THE USER’S USE OR INABILITY TO USE THIS APPLICATION, REGARDLESS OF WHETHER SUCH LIABILITY IS RELATED TO TORT, CONTRACT, WARRANTY, OR STRICT LIABILITY LAW. THIS PROTECTION COVERS COAPT, ITS EMPLOYEES, AGENTS, AND/OR AFFILIATES. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION,DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
UNDER NO CIRCUMSTANCES WILL COAPT, ITS EMPLOYEES, AGENTS AND/OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE APPLICATION. IN 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 THE USER UNDER THESE CIRCUMSTANCES. HOWEVER, IN NO EVENT SHALL COAPT, COAPTS AFFILIATES, OR COAPTS AGENTS BE LIABLE TO THE USER FOR ALL DAMAGES TO EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
JURISDICTION
The EULA is governed by the laws of the State of Illinois, without regard to conflicts of law provisions. In acceptance of the EULA, the User consents and submit to the personal jurisdiction of the State of Illinois and venue of Cook County for any state or federal action arising from use of the Application or the EULA, regardless of the location of the User. In acceptance of the EULA, the User agrees to resolve any dispute or claim arising in recognition of the Application or this EULA within Cook County, Illinois.
CONTACT INFORMATION
For more information please direct questions, complaints, or claims in respect to the EULA or the Application to Coapt at info@coaptengineering.com or at +1 (844) 262-7800.
IOS APPLICATIONS
This section applies to Users of the Complete ControlRoomv2 application on an iOS device or Platform. Any user that downloads, installs, or otherwise uses the Application on an iOS device (e.g., Apple iPhone, iMac, iPad, etc.) or Platform is subject to the terms and conditions below in addition to those above.
a. Acknowledgements. The Application made available to the User through Apple or the Apple App Store (the “Licensor”) is licensed, not sold, to the User. The User’s license to the Application is subject to the User’s prior acceptance of this EULA, and additionally to any custom end user license agreement between the User and the Licensor, if one is provided. The User, in acceptance of this EULA, recognizes and acknowledges that this EULA is between Coapt and the User solely, and does not constitute any additional relationship between the User and Apple, or Apple and Coapt; this does not include any prior agreements made between the User and Apple. The User further acknowledges that in the event of a third-party claim that the Application or that the User’s possession and use of the Application infringes that third party’s intellectual property rights, Caopt, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Coapt has reviewed and acknowledges the Application is not in conflict with the Apple Media Service Terms and Conditions.
Here further, in acceptance of this EULA the User acknowledges and agrees that Apple, Apple’s subsidiaries, and associated parties are third party beneficiaries of the EULA, and that, upon the User’s acceptance of the terms and conditions of the EULA, Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against the User as a third party beneficiary thereof.
b. Scope of License. Licensor grants to the User a nontransferable license to use the Application on any Apple-branded products that the User owns or controls and as permitted by the EULA. 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 Licensor that replace or supplement the original Application, unless such upgrade is accompanied by a EULA. Except as provided in the EULA, the User may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. The User may not transfer, redistribute or sublicense the Application and, if the User sells their Apple Device to a third party, the User must remove the Application from the Apple Device before doing so. The User may not copy (except as permitted by this license and the EULA), 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). It is to be understood that the Application may be accessed and used by the User within accounts associated with the purchaser via family sharing or volume purchasing options.
c. Consent to Use of Data. The User agrees that Licensor may collect and use technical data and related information—including but not limited to technical information about the User’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to the User (if any) related to the Application. Licensor may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services, technologies, analytics (e.g., data services) to the User.
d. Termination. This EULA is effective until terminated by the User, Coapt, or the Licensor. The User’s rights under this EULA will terminate automatically if the User fails to comply with any of its terms.
e. External Services. The Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). The User agrees to use the External Services at the User’s 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 the Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. The User will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor, Coapt, or any third party associated therein. The User agrees not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor nor Coapt is not responsible for any such use. External Services may not be available in all languages or in the User’s home country, and may not be appropriate or available for use in any particular location. To the extent the User chooses to use such External Services, the User is solely responsible for compliance with any applicable laws. Licensor and/or Coapt each reserve 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 the User.
Additionally, through the utilization of the Application, the User acknowledges they comply with applicable third-party terms of agreement when using the Application (e.g., If the Application is connecting to a third-party network, the User represents they will not be in violation of their wireless or data service management agreements while using the Application).
f. NO WARRANTY. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT THE USER’S 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, THE USER ASSUMES 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 THE USER. The user hereby acknowledges that Apple has no warranty obligation in the event of a failure of the Application, and any other claims, losses, liabilities, damages, costs, or expenses to the maximum extent permitted by applicable law.
g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COAPT OR THE 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 OR COAPT 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 THE USER. 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. The User acknowledges that Coapt, not the Licensor, Is responsible for addressing any claims that the User or any third party relating to the Application or the Users 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; (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of HealthKit and HomeKit frameworks.
h. Exportation. The User may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the 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, or (c) the User represents they are not located in any country that is designated by the U.S. Government as a “terrorist supporting” country or on a list of prohibited or\ restricted parties. By using the Application, the User represents and warrant that the User is not located in any such country or on any such list. The User also agrees that the User 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.
i. Commercial. 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 reserved under the copyright laws of the United States.
j. Governing Law. If (a) the User is not a U.S. citizen; (b) the User does not reside in the U.S.; (c) the User is not accessing the Application from the U.S.; and (d) the User is a citizen of one of the countries identified below, the User hereby agrees that any dispute or claim arising from this EULA shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and the User hereby irrevocably submits to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If the User is a citizen of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of the User’s usual place of residence.
Specifically excluded from application to this EULA is that law known as the United Nations Convention on the International Sale of Goods.