Dos Vermuts End User License Agreement
1. Acknowledgement: This End User License Agreement ("Agreement") is between you and Denis Moskalets ("Denis Moskalets") only, and not with Apple, Inc. ("Apple"). Denis Moskalets, not Apple, are solely responsible for the Licensed Application and the content thereof. By installing the Dos Vermuts App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Dos Vermuts App.
2. Scope of License: Denis Moskalets grants you a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: Denis Moskalets is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: Denis Moskalets 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 Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application; to the maximum extent permitted by applicable law, Apple will have no 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 will be the sole responsibility of Denis Moskalets.
5. Product Claims: Denis Moskalets, not Apple, are responsible for addressing any claims of yours or any third party relating to the Licensed Application or your possession and/or use of that 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, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: In the event of any third party claim that the Licensed Application's or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Denis Moskalets, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. 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.
8. Developer Name and Address: Questions, complaints or claims with respect to the Licensed Application should be directed to Denis Moskalets, Carrer Corsega 534, Barcelona, Spain, 08025.
9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Dos Vermuts App.
10. Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary thereof.