End-User License Agreement
Updated on march 16th 2021
- Acknowledgement: This End-User License Agreement is between you and the OPTManager team (it's owner, programmer(s) and affiliates) and in no circumstance is this an agreement between you and Apple. With accepting this EULA, you also accept the Apple Media Services Terms and Conditions, and the Apple Licensed Application End User LIcense Agreement.
- Scope of License: The OTPManager software is licensed, not sold, to you. This is a non-transferable license to use the OTPManager software on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the OTPManager Software may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and Support: The OTPManager team is solely responsible for providing any maintenance and support services with respect to the OTPManager software. Under no circumstances does Apple has any obligation whatsoever to furnish any maintenance and support services with respect to the OTPManager.
- In-App Purchases: OTPManager is free to use software. There are no costs or requirements for payment in any form to use the OTPManager software. OTPManager however does provide two voluntary In-App Purchases items for use as donations. Under no circumstances are you pressured to purchase anything. Donations are at your discretion, to help maintain and further develop OTPManager. You agree that these donations are non-refundable and that you must take extra care when activating the yearly recurring donation and have to cancel the subscription manualy in your Apple ID Account in order for it to stop
- Termination. This Standard EULA is effective until terminated by the team behind the OTPManager software. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
- No warranty: You expressly acknowledge and agree that use of the the OTPManager software is at your sole risk. To the maximum extent permitted by applicable law, the OTPManager software and services are provided "as is", with all faults and without warranty of any kind, and the team behind the OTPManager software hereby disclaim all warranties and conditions with respect to the OTPManager software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality or fitness for a particular purpose, of accuracy, of quite enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by the OTPManager team or its authorised representative shall create a warranty.
- Limitation of Liability: To the extent not prohibited by law, in no event will the team behind the OTPManager software be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising out of or related to your use or inability to use the OTPManager software, even if the team behind the OTPManager software has been advised of the possibility of such damages.
- Product Claims: To the maximum extent permitted by applicable law, by accepting this EULA you acknowledge that the OTPManager team, not Apple, is responsible for addressing any claim by either by you or a third party, where it is not in contradiction to this EULA, relating to the OTPManager software , including, but not limited to: (i) product liability claims; (ii) any claim that the OTPManager software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property Rights: The OTPManager software is licensed property. Reproduction is strictly prohibited. In the event of any third party claim that, the OTPManager software or your possession and use of the OTPManager software, infringes that third party's intellectual property rights, the OTPManager team, not Apple, will be responsible for the investigation, defence, settlement and discharge of such intellectual property infringement claim.
- To the maximum extent permitted by applicable law, you agree to indemnify and hold the team behind the OTPManager software harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the team behind the OTPManager software by any third party due to or arising out of or in connection with your use of the OTPManager software and services.
- By inheritance of Apple's licensed application end user license agreement, you may not use or otherwise export or re-export the OTPManager software except as authorised by United States law and the laws of the jurisdiction in which the OTPManager software was obtained. In particular, but without limitation, the OTPManager software 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 Licensed Application, you represent and warrant that you are not located in any such country or on any such list
- the OTPManager software 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.
- There are no third party agreements you have to comply with as the OTPManager software does not implement any third party content where an agreement between you and a third party is warranted.
- Third Party Beneficiary: By accepting this EULA you accept that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.