You may only download, install, or use the Jungle Disk iPhone Application if you are also a Jungle Disk customer. If you do not agree with the terms of this End User License Agreement, do not download, install, or use the Jungle Disk iPhone Application.
Jungle Disk iPhone Application End User License Agreement (“EULA”) between Jungle Disk (“we” or “Jungle Disk”) and the end-user of the Jungle Disk iPhone Application (“you”).
The Agreement. The Jungle Disk iPhone Application (“Application”) is designed to be used in conjunction with your Jungle Disk services. Accordingly, you agree that your use of the Jungle Disk iPhone Application is governed by this End User License Agreement as well as the Jungle Disk Terms of Service (available at: https://www.jungledisk.com/tos), The Jungle Disk Acceptable Use Policy (available at: https://www.jungledisk.com/aup), the terms of your Order, and any documents incorporated by reference in any of these. If you are not a Jungle Disk customer, you may not download, install, or use the Jungle Disk iPhone Application. This Agreement is between you and Jungle Disk only, and does not include Apple. Jungle Disk, not Apple, is solely responsible for the Jungle Disk iPhone Application.
1. Scope of License. We grant you a personal, non-exclusive, non-transferable license to use the Jungle Disk iPhone Application in conjunction with your existing Jungle Disk account on any iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, the Jungle Disk Terms of Service, and this Agreement. You may not use the Application if you do not have a Jungle Disk account.
2. Maintenance & Support. Jungle Disk’s support of the Application is governed by the Jungle Disk Terms of Service. Jungle Disk, and not Apple, is solely responsible for providing any maintenance and support services with respect to the Application. You and Jungle Disk both acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
3. Network, Service, & Use Charges. We do not charge you for downloading the Application, but depending on your plan and your carrier or provider, your carrier or other provider may charge you for downloading the Application or for the use of your mobile device when you access information or other Jungle Disk Services through the Application. We will charge your use of the Jungle Disk Services through the Application in accordance with your existing Jungle Disk Order and associated Agreements.
4. Warranty. The Application is subject to the warranty provisions of the Jungle Disk Terms of Service. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Jungle Disk will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any applicable warranty.
5. Product Claims. Both you and Jungle Disk acknowledge that Jungle Disk, and not Apple, is responsible for addressing any claims made by you or a third party relating to the Application or your possession or use of the Application, including without limitation: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
6. 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 (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Notices. Your routine communications regarding the Application should be sent to your Jungle Disk account team using your Jungle Disk support portal. If you want to give us a notice regarding termination of the Agreement for breach, indemnification, or other non-routine legal matter, you must give such notice in writing and send it by electronic mail and first class United States mail to:
Postal mail address: Manager Jungle Disk, LLC Attention: Legal Notice 110 E Houston Street, Suite 209 San Antonio, TX, 78205
8. Third Party Beneficiary. Both of us acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
9. Open Source Software. The Application makes use of Open Source Software components and derivatives
10. Intellectual Property Rights. As between you and Jungle Disk, you agree and acknowledge that Jungle Disk owns all rights, title and interest in and to the Application, including without limitation all associated intellectual property rights as may exist under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights.
You agree not to remove, obscure, or alter Jungle Disk’s, or any third party’s, copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
We both acknowledge that, in the event of any third party claim that the Application, or your possession and use of the Application, infringes that third party’s intellectual property rights, Jungle Disk, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.