OLELO END USER LICENSE AGREEMENT
Last Updated: February 29, 2020
This End User License Agreement (“Agreement“) governs your download, installation and use of the mobile application (the “Licensed Application“) provided by Olelo Community Media (“Olelo,” “we,” or “us”) located at 1122 Mapunapuna St., Honolulu, HI 96819.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE LICENSED APPLICATION. BY DOWNLOADING OR INSTALLING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OUR TERMS OF SERVICE, WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND OUR TERMS OF SERVICE, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE LICENSED APPLICATION. In the event of any conflict between this Agreement and the Terms of Service, the Terms of Service shall prevail.
This Agreement is a binding agreement between you and Olelo, and you acknowledge that Apple Inc. is not a party to this Agreement. Olelo and its licensors are solely responsible for the Licensed Application and the content thereof, not Apple Inc.
1. Ownership; Scope of License to the Licensed Application. The Licensed Application is licensed, not sold, to you. Olelo, and its licensors, own all right, title and interest in and to the Licensed Application, including all copyright and other intellectual property rights therein. Olelo reserves all rights not expressly granted to you. Subject to the terms and conditions of this Agreement and the Terms of Service, Olelo grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to download, install and use the Licensed Application on certain iOS products (each, a “Device“) that you own or control and solely as permitted by the Usage Rules set forth in the App Store Terms of Service (the “Usage Rules“). Any Olelo software that updates, supplements or replaces the original Licensed Application is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.
2. License Restrictions. The preceding states the entirety of your rights with respect to the Licensed Application and Olelo reserves all rights in and to the Licensed Application not expressly granted to you in this Agreement or the Terms of Service. The license granted to you in Section 1 does not allow you to use the Licensed Application on any Device you do not own or control. Unless stated in this Agreement or otherwise by Olelo, nothing in this Agreement shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise.
4. Support Services. Olelo is not obligated to provide any support or maintenance services for the Licensed Application at this time. If you have any questions regarding the Licensed Application, please contact Olelo at email@example.com. Alternatively, you may call Olelo at (808) 836-2546. Apple Inc. has no obligation whatsoever to furnish any support or maintenance services with respect to the Licensed Application.
5. Product Claims. Olelo, not Apple Inc., is responsible for addressing any questions, comments or claims relating to the Licensed Application or your possession and use of the Licensed Application, including, but not limited to, (a) product liability claims; (b) any claim that the Licensed Application fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. If you have any questions, please contact Olelo at firstname.lastname@example.org or you may call Olelo at (808) 836-2546.
6. No Warranty. IN ADDITION TO DISCLAIMERS SET FORTH IN THE TERMS OF SERVICE, OLELO DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. OLELO SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE LICENSED APPLICATION OR FOR ANY LOSS OF DATA. OLELO DOES NOT REPRESENT OR WARRANT THAT THE LICENSED APPLICATION WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (COLLECTIVELY, “Faults“) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OLELO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. IN THE EVENT THAT THE LICENSED APPLICATION IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLE INC. HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE LICENSED APPLICATION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply to you, the exclusions set forth above may not apply to you.
7. Indemnification. In the event of any claim that the Licensed Application, or your possession or use thereof, infringes any intellectual property rights of a third party, you agree to contact Olelo promptly and directly, and Apple Inc. will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property claim. You will cooperate with the Olelo Parties (as such term is defined in the Terms of Service) in defending such claims. The Olelo Parties shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any indemnities set forth in any other agreement between you and Olelo, including the Terms of Service.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OLELO PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DOWNLOAD, INSTALLATION OR USE OF THE LICENSED APPLICATION (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM OLELO, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OLELO’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE OLELO PARTIES, WHETHER IN CONTRACT ARISING OUT OF OR IN ANY WAY RELATED TO THE LICENSED APPLICATION EXCEED $50.00 USD.
The limitations set forth in the paragraph above will not limit or exclude liability of the Olelo Parties for the gross negligence, fraud, intentional misconduct or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Export and Sanctions Compliance. You may not export or re-export the Licensed Application or related technology, or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Licensed Application, technology and the content contained therein may not be exported or re-exported to (a) any U.S. sanctioned or embargoed countries or regions; or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or other U.S. sanctions or export control lists.
10. Legal Compliance. By downloading, installing and using the Licensed Application, you represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including, but not limited to, U.S. export control laws.
11. Commercial Items. If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Licensed Application constitutes “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under this Agreement.
12. Third Party Beneficiaries. Apple Inc. and Apple Inc.’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple Inc. 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. You will comply with all applicable third-party terms.
13. Termination. Notwithstanding anything contained in this Agreement, Olelo reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Licensed Application, and to block or prevent your future access to and use of the Licensed Application.
14. Severability. If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.
15. Contact. If you have any questions, complaints or concerns regarding the Licensed Application or this Agreement, please contact Olelo at:
Olelo Community Media
Attn: Privacy Officer
1122 Mapunapuna St
Honolulu, HI 96819