Last updated August 4, 2020
Rocket Recovery is licensed to You (End-User) by Alelin Apps (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
Please note that these Terms are between us and you, not Apple. We are solely responsible for the Rocket Recovery App and any content produced on it. The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Alelin Apps, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Alelin Apps acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Rocket Recovery (hereinafter: Application) is a piece of software created to simulate a model rocket launch and predict the recovery location after a real launch.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Alelin Apps prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Alelin Apps prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 We are giving you personally the right to use the Rocket Recovery App as set out above. You can’t transfer the Rocket Recovery App or the Subscription to someone else, whether for money, for anything else or for free. And if you sell any device on which the Rocket Recovery App is installed, you must remove the Rocket Recovery App first. You must also keep all passwords secure and not provide this information to anyone else.
2.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.8 Licensor reserves the right to modify the terms and conditions of licensing.
2.9 We may, in our sole discretion, terminate or suspend your access to all or part of the App at any time, with or without notice, for any reason, including, without limitation, breach of these terms.
2.10 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 13.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 If you need any support with respect to the Rocket Recovery App, please contact us, not Apple as they are under no obligation to help with any support or maintenance questions arising out of use of the Rocket Recovery App. You can reach the us at the email address AlelinApps @ google.com.
4.2 Alelin Apps and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. LIABILITY
5.1 YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL, AND MAKE NO, REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED, AND DO NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OF THE APP, WHETHER ONLINE OR OFFLINE.
5.2 YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE APP INCLUDING, BUT NOT LIMITED TO, ANY: (A) USE, INABILITY TO USE OR PERFORMANCE OF THE APP; (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF OR SOFTWARE UNDERLYING THE APP; AND/OR (C) INTERRUPTION OR CESSATION OF SERVICE OR OF TRANSMISSION OF THE APP.
5.3 In the event of any failure of the Rocket Recovery App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Rocket Recovery App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Rocket Recovery App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
6. PRODUCT CLAIMS
Alelin Apps and the End-User acknowledge that Alelin Apps and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s 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 Your Licensed Application’s use of the HealthKit and HomeKit.
7. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.
8. TERMINATION
The license is valid until terminated by Alelin Apps or by You. Your rights under this license will terminate automatically and without notice from Alelin Apps if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
9. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Alelin Apps represents and warrants that Alelin Apps, Esq. will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
10. INTELLECTUAL PROPERTY RIGHTS
Alelin Apps and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Alelin Apps , and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
11. APPLICABLE LAW
This license agreement is governed by the laws of the State of Maryland excluding its conflicts of law rules.
12. MISCELLANEOUS
12.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
12.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
13. Contact
Alelin Apps, 14300 Gallant Fox Lane, #103, Bowie, MD 20715, USA. 443-679-5376. AlelinApps @ gmail.com.