End User License Agreement

 THISEND USER LICENSE AGREEMENT (THESE “TERMS OF SERVICE” OR THE “END USER LICENSEAGREEMENT” OR “EULA”) FORMS A BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR”) AND Swoop, INC. (“MOOVS,” “WE,” “US,” “OUR”) PLEASE READ THESE TERMS OF SERVICECAREFULLY, BECAUSE BY DOWNLOADING, ACCESSING OR USING ANY MOOVS APP, PRODUCTSAND/OR SERVICES (COLLECTIVELY, THE “SERVICES”) YOU ARE ACKNOWLEDGING THAT YOUHAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND MOOVS’SPRIVACY STATEMENT(available at https://moovsapp.com/policy) (“PRIVACYSTATEMENT”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR MOOVS’S PRIVACYPOLICY YOU MAY NOT DOWNLOAD, ACCESS OR USE THE SERVICES.FROMTIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION,AND WILL POST THE UPDATED TERMS TO https://moovsapp.com/end-user-license-agreement.WE MAY PROVIDE NOTICE TO YOU OF THE UPDATED TERMS OF SERVICE BY EMAIL, AND/ORAN ON-SCREEN NOTIFICATION THROUGH THE SERVICES. THE UPDATED TERMS OF SERVICEWILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE TERMS OFSERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE DATEMEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY INTHE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOURACCESS TO AND USE OF THE SERVICES.1. Useof Services1.1You may only access and use the Services if you are an authorized employee of aMoovs customer (“Merchant”) that has paid for a software subscription for MoovsServices pursuant to a Merchant Agreement entered into between Moovs andMerchant. Moovs grants you a limited, revocable, non-exclusive,non-transferable license to access and use the applicable Services during thecourse of your employment with Merchant, solely and exclusively for Merchant’sinternal business purposes.1.2You agree to use the Services only for the management and operation ofMerchant’s business pursuant to the terms and conditions of the MerchantAgreement and not directly or indirectly: (a) reverse engineer, decompile,disassemble or otherwise attempt to discover the source code, object code orunderlying structure, ideas or algorithms of the Services; (b) modify,translate, or create derivative works based on the Services; or copy (exceptfor archival purposes), rent, lease, distribute, pledge, assign, or otherwisetransfer or encumber rights to the Services; (c) use or access the Services tobuild or support, and/or assist a third party in building or supporting,products or services competitive with the Services; (d) remove or obscure anyproprietary notices or labels from the Services; (e) use the Services for anyfraudulent undertaking or in any manner that could damage, disable, overburden,impair or otherwise interfere with Moovs's provisioning of the Services; (f)violate or breach any operating procedures, requirements or guidelinesregarding Merchant’s use of the Services that are posted on or through the MoovsPlatform or otherwise provided or made available to Merchant; (g) alter,distribute, license, resell, transfer, assign, rent, lease, timeshare orotherwise commercially exploit the Services to any third- party or provide itas a service bureau; (h) conduct any penetration or vulnerability testing onthe Services or network; or (i) copy any features, functions, text or graphicsof the Services, including without limitation, the structure, sequence ororganization of the user interface.2.Ownership of Content, Use of Trademarks2.1Moovs owns or has licenses to all rights, title, interest, copyright and otherworldwide intellectual property and trade secret rights in and to the Services(including all derivatives or improvements thereof). You may voluntarily submitsuggestions, enhancement requests, ideas, feedback, recommendations or otherinput about the Services (“Feedback”) at any time. You irrevocably assign allright, title, interest and other worldwide intellectual property rights in andto the Feedback to Moovs, and acknowledge that we are free to use, disclose,reproduce and otherwise exploit any and all Feedback provided by you relatingto the Services in our sole discretion, entirely without obligation orrestriction of any kind. Any rights not expressly granted herein are reservedby Moovs.2.2User Content. You, (or Merchant, if applicable) retain all rights, title andinterest in and to any text, graphics, videos, images or other data (includingbut not limited to personal information) that you upload or that is otherwisemade available within the Services (“User Content”). You grant to Moovs anon-exclusive, royalty-free, fully paid-up, worldwide license to access, use,copy, modify (including the right to create derivative works of), display andtransmit User Content solely for the purpose of our providing the Services andin accordance with our Privacy Statement. You are solely responsible for theaccuracy, quality, content and legality of User Content, the means by whichUser Content is acquired, and any transfer of User Content outside of theServices by you, Merchant or any third-party authorized by you. You represent,warrant and covenant that you have all rights necessary to upload the UserContent to the Services and to otherwise have such User Content used or shared,as applicable, in relation to the Services.2.3Third-Party Content. Through your use of the Services you may be presented withmaterial provided by third-parties, not owned or controlled by us, from ourpartners, and/or from other users of the Services, including but not limited tosoftware, text, graphics, videos, images, or advertising content (collectivelyreferred to as “Third-Party Content”). All Third-Party Content and the Servicesare protected by United States, Canadian, and foreign intellectual propertylaws. Unauthorized use of the Services and/or Third-Party Content may result inviolation of copyright, trademark, and other laws. Except as expressly setforth herein, you have no rights in or to the Services or Third-Party Content,and you will not use, copy or display the Services or Third-Party Contentexcept as permitted under these Terms of Service. No other use of the Servicesor Third-Party Content is permitted without our prior written consent. You mustretain all copyright and other proprietary notices contained in the Services andThird-Party Content. You may not sell, transfer, assign, license, sublicense,or modify the Third-Party Content or reproduce, display, publicly perform, makea derivative version of, distribute, or otherwise use the Third-Party Contentin any way for any public or commercial purpose other than as permittedhereunder. The use or posting of any of the Third-Party Content on any otherplatform, or in a networked computer environment for any purpose is expresslyprohibited. If you violate any part of these Terms of Service, your right toaccess and/or use the Third-Party Content and Services will automaticallyterminate.2.4We do not review, pre-screen or filter User Content, or Third-Party Content,but we do reserve the right to refuse to accept, or delete any User Content orThird-Party Content in our sole discretion. In addition, we have the right (butnot the obligation) in our sole discretion to reject or delete any content thatwe reasonably consider to be in violation of these Terms of Service orapplicable law. We do not guarantee the accuracy, integrity or quality of anyThird-Party Content, regardless of whether such products or services aredesignated as “certified,” “validated” or the like. Any interaction or exchangeof information or data between you and any third-party is solely between youand such third-party. You should take precautions when downloading files fromany platform to protect your computer from viruses and other destructiveprograms. If you decide to access any Third-Party Content, you fully assume therisk of doing so. Under no circumstances will Moovs be liable in any way forany Third-Party Content, including liability for any errors or omissions in anyThird-Party Content or for any loss or damage of any kind incurred as a resultof the use of any Third-Party Content posted, emailed or otherwise transmittedvia the Services.2.5Each user must: (a) provide true, accurate, current and complete information onthe Moovs Platform or applicable Moovs App registration form (collectively, the"Registration Data") and (b) maintain and promptly update theRegistration Data as necessary. If, after investigation, we have reasonablegrounds to suspect that any of your information is untrue, inaccurate, notcurrent or incomplete, we may suspend or terminate your account and prohibitany and all current or future use of the Services (or any portion thereof) byyou other than as expressly provided herein. You are wholly responsible formaintaining the confidentiality and security of your username and password, andyou are wholly liable for all activities occurring thereunder. Moovs cannot andwill not be liable for any loss or damage arising from your failure to complywith this Sub-Section 2.5, including any loss or damage arising from yourfailure to (a) immediately notify Moovs of any unauthorized use of yourpassword or account or any other breach of security, or (b) exit and close youraccount at the end of each session.2.6The trademarks, service marks, and logos of Moovs (the “Moovs Trademarks”) usedand displayed on the Services are registered and unregistered trademarks orservice marks of Moovs. Other Moovs product and service names located in theServices may be trademarks or service marks owned by third-parties (the“Third-Party Trademarks”, and, collectively with the Moovs Trademarks, the“Trademarks”). Nothing in these Terms of Service should be construed asgranting, by implication, estoppel, or otherwise, any license or right to useany Trademark displayed in the Services or otherwise without the prior writtenconsent of Moovs specific for each such use. The Trademarks may not be used todisparage Moovs or the applicable third-party, Moovs’s or third-party’sproducts or services, or in any manner that may damage any goodwill in theTrademarks. Except as described herein, the use of any Trademarks is prohibitedwithout Moovs’s prior written consent. All goodwill generated from the use ofany Moovs Trademark or Third-Party Trademark will inure to Moovs’s, or theapplicable Third Party, as applicable.3.Privacy and Security.  Theprivacy and security of your personal information is important to us. Moovs’sPrivacy Statement describes what information we collect about you, how we mayuse personal information and the security measures we have taken to protectyour personal information. We encourage you to read the Privacy Statementcarefully as it forms a binding part of these Terms of Service and containsimportant information about your rights.4.Limitation of Liability and Disclaimer of Warranties4.1EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, MOOVS AND ITS THIRD-PARTYPROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THESERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT ANDQUALITY. MOOVS AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS ORWARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY,ACCURACY OR COMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USINGTHE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOOVS AND ITSTHIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USEOF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITYOF THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER MOOVSNOR ITS THIRD- PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONSFACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TOLIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCHCOMMUNICATIONS FACILITIES. MOOVS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERYFAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THEFOREGOING, MOOVS DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKSWILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANYSECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISEBY MOOVS, THE SERVICES ARE PROVIDED TO MERCHANT ON AN "AS IS" BASIS.4.2IN NO EVENT WILL MOOVS BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHER THEORY: (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIALOR CONSEQUENTIAL DAMAGES; (B) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENTOF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESSINTERRUPTION; OR (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, WHETHER ORNOT FORESEEABLE, EVEN IF MOOVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSOR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIALPURPOSE.4.3TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, MOOVS’S AGGREGATELIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONEHUNDRED DOLLARS ($100).5.Indemnification.  Youagree to defend, indemnify and hold harmless Moovs and its directors, officers,employees, affiliates and agents from and against any claims, liability,damages, expenses and costs, actions or demands, including, without limitation,reasonable legal and accounting fees, arising or resulting from (a) your breachor alleged breach of these Terms of Service, our Privacy Statement or any otherpolicy issued by Moovs; (b) the intellectual property rights of any person; (c)any Applicable Law or Rules including, without limitation, privacy and consumerprotection laws; and (d)r your access to, use or misuse of the Third-PartyContent or Services. Moovs will provide notice to you of any such claim, suit,or proceeding. Moovs reserves the right to assume the exclusive defense andcontrol of any matter which is subject to indemnification under this Section.In such case, you agree to cooperate with any reasonable requests assisting Moovs’sdefense of such matter.6.Termination of the Agreement6.1Moovs reserves the right, in its sole discretion, to restrict, suspend, orterminate these Terms of Service and your access to all or any part of theServices or User Content at any time and for any reason without prior notice orliability. Moovs reserves the right to change, suspend, or discontinue all orany part of the Services at any time without prior notice or liability.6.2Sections 1 (Use of the Platform), 4 (Limitation of Liability and Disclaimer ofWarranties), 5 (Indemnification), 6 (Termination of Agreement), 7 (Arbitration)and 9 (Miscellaneous) will survive the termination of these Terms of Service.7.ArbitrationPleaseread the following arbitration agreement (the “Arbitration Agreement”)carefully. It may require you to arbitrate most disputes with Moovs and, ifapplicable to you, may limit the manner in which you can seek relief from us.7.1Agreement to Arbitrate. Except where prohibited by Applicable Law and Rules,you agree that any and all disputes or claims that have arisen or may arisebetween you and Moovs, whether arising out of or relating to these Terms ofService or in connection with your use of the Services, shall be resolvedexclusively through final and binding arbitration, rather than a court, inaccordance with the terms of this Arbitration Agreement, except that you mayassert individual claims in small claims court, if your claims qualify. Youagree that, by agreeing to these Terms of Service, you and Moovs are eachwaiving the right to a trial by jury or to participate in a class action. Yourrights will be determined by a neutral arbitrator, not a judge or jury. TheFederal Arbitration Act governs the interpretation and enforcement of thisArbitration Agreement. Notwithstanding the foregoing, this ArbitrationAgreement shall not preclude either party from pursuing a court action for thesole purpose of obtaining a temporary restraining order or preliminaryinjunction in circumstances in which such relief is appropriate, provided thatany other relief shall be pursued through an arbitration proceeding pursuant tothis Arbitration Agreement.7.2Prohibition of Class and Representative Actions and Non-Individualized Relief.Except where prohibited by Applicable Law and Rules, you and Moovs agree thateach may bring claims against the other only on an individual basis and not asplaintiff or class member in any purported class or representative action orproceeding. Unless both you and Moovs agree otherwise, the arbitrator may notconsolidate or join more than one person’s or party’s claims and may nototherwise preside over any form of a consolidated, representative, or classproceeding. Also, the arbitrator may award relief (including monetary,injunctive, and declaratory relief) only in favor of the individual partyseeking relief and only to the extent necessary to provide relief necessitatedby that party’s individual claim(s).7.3Moovs is always interested in resolving disputes amicably and efficiently, andmost participant concerns can be resolved quickly and to the participant’ssatisfaction by contacting Moovs’s Customer Care team at https://central.Moovstab.com.If such efforts prove unsuccessful, a party who intends to seek arbitrationmust first send to the other, by certified mail, a written Notice of Dispute(“Notice”). The Notice to Moovs should be sent to Moovs at 401 Park Drive,Suite 801, Boston, MA 02215, Attn: General Counsel. The Notice must (i)describe the nature and basis of the claim or dispute and (ii) set forth thespecific relief sought. If you and Moovs do not resolve the claim within sixty(60) calendar days after the Notice is received, you or Moovs may commence anarbitration proceeding. During the arbitration, the amount of any settlementoffer made by Moovs or you shall not be disclosed to the arbitrator until afterthe arbitrator determines the amount, if any, to which you or Moovs isentitled.7.4Arbitration Procedures. Arbitration will be conducted by a neutral arbitratorin accordance with the American Arbitration Association’s (“AAA”) rules andprocedures, including the AAA’s Commercial Arbitration Rules (collectively, the“AAA Rules”), as modified by this Arbitration Agreement. If there is anyinconsistency between any term of the AAA Rules and any term of thisArbitration Agreement, the applicable terms of this Arbitration Agreement willcontrol unless the arbitrator determines that the application of theinconsistent Arbitration Agreement terms would not result in a fundamentallyfair arbitration. All issues are for the arbitrator to decide, including, butnot limited to, issues relating to the scope, enforceability, and arbitrabilityof this Arbitration Agreement. The arbitrator can award the same damages andrelief on an individual basis that a court can award to an individual underthese Terms of Service and applicable law. Decisions by the arbitrator areenforceable in court and may be overturned by a court only for very limitedreasons. Unless you and Moovs agree otherwise, any arbitration hearings willtake place in a reasonably convenient location for both parties with dueconsideration of their ability to travel and other pertinent circumstances. Ifthe parties are unable to agree on a location, the determination shall be madeby AAA. If your claim is for $10,000 or less, Moovs agrees that you may choosewhether the arbitration will be conducted solely on the basis of documentssubmitted to the arbitrator, through a telephonic hearing or by an in-personhearing as established by the AAA Rules. If your claim exceeds $10,000, theright to a hearing will be determined by the AAA Rules. Regardless of themanner in which the arbitration is conducted, the arbitrator shall issue areasoned written decision sufficient to explain the essential findings andconclusions on which the award is based.7.5Costs of Arbitration. Payment of all filing, administration, and arbitratorfees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules,unless otherwise provided in this Arbitration Agreement. Any payment ofattorneys’ fees will be governed by the AAA Rules.7.6Confidentiality. All aspects of the arbitration proceeding, and any ruling,decision, or award by the arbitrator, will be strictly confidential for thebenefit of all parties.7.7Severability. If a court or the arbitrator decides that any term or provisionof this Arbitration Agreement other than Sub-Section 7.2 above is invalid orunenforceable, the parties agree to replace such term or provision with a termor provision that is valid and enforceable and that comes closest to expressingthe intention of the invalid or unenforceable term or provision, and thisArbitration Agreement shall be enforceable as so modified. If a court or thearbitrator decides that any of the provisions of Sub-Section 7.2 is invalid orunenforceable, then the entirety of this Arbitration Agreement shall be nulland void. The remainder of these Terms of Service will continue to apply.8.Compliance with Laws8.1You agree to comply with all federal, state, provincial, local and foreignlaws, rules and regulations applicable to you and Merchant’s business inrelation to your use of the Services, including any applicable privacy andconsumer protection laws, tax laws and regulations, the then-current version ofthe Payment Card Industry Data Security Standards as made available at https://www.pcisecuritystandar... andthe by-laws, and any and all other rules, policies and procedures of VISA,MasterCard, Discover and/or other card networks as in effect from time to time.8.2Canada and the United States control the export of products and information.You expressly agree to comply with such restrictions and not to export orre-export any part of the Services to countries or persons prohibited under theexport control laws. By accessing, using or downloading the Services, you areexpressly agreeing that you are not in a country where such export isprohibited or are a person or entity for which such export is prohibited. Youare solely responsible for compliance with the laws of your specificjurisdiction regarding the import, export or re-export of the Services.9.Miscellaneous  Anyaction, claim, or dispute related to these Terms of Service will be governed bythe laws of the Commonwealth of Massachusetts, excluding its conflicts of lawprovisions, and controlling U.S. federal law. Except as set forth in Section 7,the parties agree that the federal or state courts in the city of Boston shallhave exclusive jurisdiction to hear and determine any dispute between them. TheUniform Computer Information Transactions Act will not apply to these Terms ofService. If any provision of these Terms of Service is found to be invalid byany court having competent jurisdiction, the invalidity of such provision willnot affect the validity of the remaining provisions of these Terms of Service,which will remain in full force and effect. Failure of Moovs to act on orenforce any provision of these Terms of Service will not be construed as awaiver of that provision or any other provision herein. No waiver will beeffective against Moovs unless made in writing, and no such waiver will beconstrued as a waiver in any other or subsequent instance. Except as expresslyagreed by Moovs and you, these Terms of Service constitute the entire agreementbetween you and Moovs with respect to the subject matter hereof, and supersedesall previous or contemporaneous agreements, whether written or oral, betweenyou and Moovs with respect to the subject matter. The section headings areprovided merely for convenience and will not be given any legal import. TheseTerms of Service will inure to the benefit of our successors and assigns. Youmay not assign these Terms of Service without our prior written consent. Anyinformation submitted or provided by you to the Services might be publiclyaccessible. Important and private information should be protected by you.10.Google-Enabled Software ApplicationsAspart of the Services, Moovs may offer mobile applications that are intended tobe operated in connection with products made commercially available by thirdparties that operate using the Android operating system, which is owned byGoogle Inc. (“Google”, and such software, “Google Software”). With respect tothe Google Software, in addition to the other terms and conditions set forth inthese Terms of Service, the following terms and conditions apply:10.1Moovs and you acknowledge that these Terms of Service are entered into between Moovsand you only, and not with Google, and that, notwithstanding anything to thecontrary herein, as between Moovs and Google, Moovs, not Google, is solelyresponsible for Google Software and the content thereof.10.2You may not use Google Software in any manner that is in violation of orinconsistent with the usage rules set forth for Google Software in, orotherwise be in conflict with, the then-current Google terms of serviceavailable at: https://play.google.com/intl/e... (the“App Store Terms of Service”).10.3Your license to use Google Software is limited to a non-exclusive,non-transferable license to use Google Software on a supported Android-baseddevice that you own, or otherwise have rights to use, and that meets theapplicable system and compatibility requirements, all as set forth by the usagerequirements set forth in the App Store Terms of Service.10.4Google has no obligation whatsoever to provide any maintenance or supportservices with respect to Google Software.10.5Google is not responsible for any product warranties, whether express orimplied by law.10.6Moovs and you acknowledge that Moovs, not Google, is responsible for addressingany claims of you or any third party relating to Google Software or yourpossession and/or use of that Google Software, including, but not limited to:(i) product liability claims; (ii) any claim that Google Software fails toconform to any applicable legal or regulatory requirement; and (iii) claimsarising under consumer protection or similar legislation.10.7In the event of any third party claim that Google Software or the end-user’spossession and use of that Google Software infringes that third party’sintellectual property rights, as between Moovs and Google, Moovs, not Google,will be solely responsible for the investigation, defense, settlement anddischarge of any such intellectual property infringement claim.10.8You represent and warrant that (a) you are not located in a country that issubject to a U.S. Government embargo, or that has been designated by the U.S.Government as a “terrorist supporting” country; and (b) you are not listed onany U.S. Government list of prohibited or restricted parties.10.9If you have any questions, complaints or claims with respect to GoogleSoftware, they should be directed to Moovs.10.10The Google Play marketplace is owned and operated by Google. Your use of GooglePlay is governed by a legal agreement between you and Google consisting of theGoogle Terms of Service (found at http://www.google.com/accounts/TOS) and theGoogle Play Terms of Service (found athttps://play.google.com/intl/en-US_us/about/play-terms.html). In addition, youruse of Google Play is subject to the Google Play Business and Program Policies.The Google Play Market Terms of Service, Google Play Business and ProgramPolicies, and Google Terms of Service will take precedence in that order in theevent of a conflict between them, to the extent of such conflict.11.Apple Terms of Use11.1If you access or download the TakeOut App from the Apple App Store, you agreeto Apple’s Licensed Application End User License Agreement.