Last updated April 10, 2020
Effective April 10, 2020
4. Additional Restrictions. You further represent that you shall not (i) use the App in violation of any applicable law or for any illegal or unauthorized purpose; (ii) use the App in any manner which could damage, disable, overburden or impair the use of the App by anyone else; (iii) attempt to hack, destabilize, adapt or otherwise interfere with the App (or its source code), or alter another website or mobile app so as to falsely imply that it is affiliated with Licensor; (iv) collect or harvest any personally identifiable information, including account names, from the App; or (v) use or access the App by any means other than through the interface provided by Licensor.
6. Personal Use. You may download only for your personal use any of the text, sounds, audio, pictures, photos, video, sound recordings, musical works and narration available in the App or which Licensor may make available on its website or social media posts (collectively, “Content”); provided, however, that no commercial use of any Content is permitted, such as reproduction of any copyrighted materials (including without limitation recordings of gameplay, videos, or other Content), without Licensor’s express prior written permission (which may be granted or withheld in Licensor’s sole discretion). Reproduction of Content for non-commercial, educational and classroom use is acceptable as long as all trademarks, copyrights, and other intellectual property notices are included on all such reproductions.
7. Feedback. You acknowledge and agree that any comments, suggestions, or feedback relating to the App (“Feedback“) submitted to Licensor are gratuitous, unsolicited and without restriction, and shall become the property of Licensor. Licensor will have exclusive ownership of all rights to the Feedback. Licensor will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Licensor will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
8. Consent to Use of Data. You agree that Licensor 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: (i) to facilitate the provision of software updates, product support, and other services (if any) related to the App, (ii) to improve the App and other Company software, services and products, to provide services or technologies to its users or otherwise in connection with Licensor’s business, (iii) for other development, diagnostic and corrective purposes in connection with the App and other Licensor offerings and services, and (iv) to disclose such data, solely in aggregate or other de-identified form, in connection with its business.
9. Demos. The App may display Content involving demonstrations of certain electrical and other scientific principles which are intended solely for educational purposes. If you perform or attempt to perform any similar demonstrations, such activities will be at your sole risk. Further, the Company recommends at all times using certified (e.g. UL, CSA, CE, or similar), third party children’s electronic kits which conform to consumer safety specifications (such as ASTM F963-96a) and following all of each manufacturer’s instructions and safety precautions. However, you acknowledge and agree that Licensor is not responsible for examining or evaluating any third party kit, and shall not be liable for any such third-party kit. Further, the Company shall not be liable for any injury, damage or liability arising out of or relating to any activities you undertake. You should observe all precautions in all such activities and obtain adult supervision.
13. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS 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 APP, 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 APP 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. In the event of any failure of the App to conform to an applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and as between Licensor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
14. Maintenance and Support. You acknowledge and agree that Licensor has no obligation whatsoever to furnish any maintenance or support services with respect to the App. If you downloaded the App from the Apple App Store, you and Licensor each acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
18. 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
19. United States Services. Licensor makes no representations that the App is appropriate or available for use in any location outside the United States. Those who access or use the App from other jurisdictions are entirely responsible for compliance with all local laws.
20. Export. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the 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 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.
21. Commercial Items. The 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.
22. Injunctive Relief. You acknowledge that the obligations made hereunder to Licensor are of a unique and irreplaceable nature, the loss of which shall irreparably harm Licensor and which cannot be replaced by monetary damages alone so that Licensor shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
24. Personal Data. If you are located in the European Union, United Kingdom, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, you understand and consent to the processing of personal information in the United States.