Licensing Agreement
Haley R. Hatfield and Urban Illusions iOS App
End User License Agreement
Last Updated: March 15, 2017
This Urban Illusions iOS App End User License Agreement (“EULA”) is between you and Haley R. Hatfield (“Artist”) and governs your use of the Artist's mobile applications for iOS including the Urban Illusions iOS App.
By using the Urban Illusions iOS App, you agree to the Artist’s Terms & Conditions (http://www.haleyrhatfield.com/terms) and acknowledge that you have read and understand the Artist’s Privacy Policy (http://www.haleyrhatfield.com/privacy).
Parties. This EULA is between you and the Artist only, not Apple Inc., SquareSpace, Unity Technologies, Google VR or any software ("Creative Software") used to create Urban Illusions iOS App, with respect to the aforementioned third-party service. The Artist, not Creative Software, is solely responsible for the Urban Illusions iOS App and its content. Although Creative Softwares are not a party to this EULA, Creative Software has the right to enforce this EULA against you as a third party beneficiary relating to your use of the Urban Illusions iOS App. (i.e. Not complying with Apple Inc. App Store Policies)
Disclaimer. The content of Urban Illusions iOS App is the sole expression and responsibility of the Artist, not the Creative Software, and do not necessarily reflect or represent the views and opinions of any third party service. Urban Illusions iOS App was created by the Artist for the purpose of informing and educating.
Ownership. The manner and method of creating Urban Illusions iOS App is solely at the discretion of the Artist and you have no right to control the Artist’s manner and method of performance under this EULA. Urban Illusions iOS App and all patents, copyrights, trade secrets and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of the Artist. The Artist owns all rights in any copy, translation, modification, adaptation of the Urban Illusions iOS App, including any improvements or development thereof. The Artist retains all rights not expressly granted to you in this EULA. You shall promptly notify the Artist in writing upon discovery of any unauthorized use of the Urban Illusions iOS App or infringement of the Artist’s proprietary rights in the Urban Illusions iOS App. Urban Illusions may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and you will be responsible to the Artist for any penalties and awards available under that statute.
Open Source Components. Urban Illusions iOS App includes certain third-party software and may be used only in accordance with the licenses set forth therein, which prevail over the terms of this EULA with respect to such third-party software. Source code for these components is available upon written request to the Artist.
Terms of Service. To use the Urban Illusions iOS App, you agree to download from the Apple App Store. In doing so, you must accept the Artist’s Terms of Service.
Privacy. The Artist may collect and use information concerning your use of the Urban Illusions iOS App as set forth in it’s Privacy Policy (www.haleyrhatfield.com/privacy).
Limited License. You may only use the Urban Illusions iOS App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
Warranty. The Urban Illusions iOS App is provided for free on an “as is” basis. As such, the Artist disclaims all warranties about the Urban Illusions iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, the Artist, not Creative Software, shall be solely responsible for such warranty.
Maintenance and Support. Because the Urban Illusions iOS App is free to download and use, the Artist does not provide any maintenance or support for them. To the extent that any maintenance or support is required by applicable law, the Artist, not Creative Software, shall be obligated to furnish any such maintenance or support.
Third Party Intellectual Property Claims. The Artist shall not be obligated to indemnify or defend you with the respect to any third party claim arising out or relating to the Urban Illusions iOS App. To the extent the Artist is required to provide indemnification by applicable law, the Artist, not Creative Software, shall be solely responsible for the investigation, defense, settlement and discharge or any claim that the Urban Illusions iOS App or your use of it infringes any thirst party intellectual property right.
Product Claims. The Artist does not make any warranties concerning the Urban Illusions iOS App. To the extent you have any claim arising from or relating to your use of the Urban Illusions iOS App, the Artist, not Creative Software, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Urban Illusions iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this EULA shall be deemed an admission that you may have such claims.
Waiver. No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this EULA and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this EULA.
Export. You agree not to export, directly or indirectly, Urban Illusions iOS App, any U.S. technical data acquired from the Artist, or any products utilizing such data to countries outside the United States, which export may be in violation of the United States export laws or regulations.
U.S. 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.
Contact Information. Should you have any questions, complaints, or claims relating to the Urban Illusions iOS App, please contact the Artist at hhatfi1@lsu.edu.
Third Party Beneficiary: The Artist and you acknowledge and agree 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 the end-user as a third party beneficiary thereof according to the Apple App Store Policies.
