Pick License (EULA)
Cold Rain Studios LLC
Copyright (c) 2017 Cold Rain Studios LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
Pick App End User License Agreement
This End User License Agreement (“Agreement”) is between you and Cold Rain Studios LLC and governs use of this app made available through the Apple App Store. By installing the Pick App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Pick App.
In order to ensure Pick provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature found under each pair of images.
By receiving, opening the file package, and/or using Pick v1.0(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Cold Rain Studios LLC your use of Pick v1.0 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Cold Rain Studios LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Pick v1.0 in accordance with this Agreement and any other written agreement with Cold Rain Studios LLC. Cold Rain Studios LLC does not transfer the title of Pick v1.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Cold Rain Studios LLC and the purchasers or users of Pick v1.0.
If you do not agree to be bound by this agreement, remove Pick v1.0 from your computer or phone now and, if applicable, promptly return to Cold Rain Studios LLC by mail any copies of Pick v1.0 and related documentation and packaging in your possession.
Pick v1.0 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Pick v1.0 contact Cold Rain Studios LLC.
3. USER AGREEMENT
Your license to use Pick v1.0 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Pick v1.0.
3.2 Use Restrictions
You shall use Pick v1.0 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Pick v1.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Pick v1.0 may be used on one single computer location by one user. Use of Pick v1.0 means that you have loaded, installed, or run Pick v1.0 on a computer or similar device. If you install Pick v1.0 onto a multi-user platform, server or network, each and every individual user of Pick v1.0 must be licensed separately.
You may make one copy of Pick v1.0 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Pick v1.0 . The assignment, sublicense, networking, sale, or distribution of copies of Pick v1.0 are strictly forbidden without the prior written consent of Cold Rain Studios LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Pick v1.0. If any person other than yourself uses Pick v1.0 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Pick v1.0. Nor can you create any derivative works or other works that are based upon or derived from Pick v1.0 in whole or in part.
Cold Rain Studios LLC’s name, logo and graphics file that represents Pick v1.0 shall not be used in any way to promote products developed with Pick v1.0 . Cold Rain Studios LLC retains sole and exclusive ownership of all right, title and interest in and to Pick v1.0 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Pick v1.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Cold Rain Studios LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Cold Rain Studios LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Cold Rain Studios LLC’s Software.
In no event (including, without limitation, in the event of negligence) will Cold Rain Studios LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Pick v1.0 or the use or inability to use Pick v1.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Cold Rain Studios LLC’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Cold Rain Studios LLC ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Cold Rain Studios LLC.
Except as expressly stated in writing, Cold Rain Studios LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Pick v1.0 and destroy all copies of Pick v1.0 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Pick v1.0 AS WELL.
5. CONSENT OF USE OF DATA
You agree that Cold Rain Studios LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Pick v1.0.Cold Rain Studios LLC may also use this information to provide notices to you which may be of use or interest to you.
Cold Rain Studios LLC may collect and use information about your usage of the Pick App, including certain types of information from and about your device. Cold Rain Studios LLC may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Pick App.
This Agreement is between you and Cold Rain Studios LLC only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Cold Rain Studios LLC, not Apple, is solely responsible for the Pick App and its content.
7. Limited License
Cold Rain Studios LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the Pick App for your personal, non-commercial purposes. You may only use the Pick App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
8. Age Restrictions
By using the Pick App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Pick App does not violate any applicable law or regulation. Your access to the Pick App may be terminated without warning if Cold Rain Studios believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Pick App, you agree to be bound by this Agreement in respect to your child’s use of the Pick App.
9. Objectionable Content Policy
Content may not be submitted to Cold Rain Studios LLC, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Cold Rain Studios LLC disclaims all warranties about the Pick App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Cold Rain Studios LLC, not Apple, shall be solely responsible for such warranty.
11. Maintenance and Support
Cold Rain Studios LLC does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Cold Rain Studios LLC, not Apple, shall be obligated to furnish any such maintenance or support.
12. Product Claims
Cold Rain Studios LLC, not Apple, is responsible for addressing any claims by you relating to the Pick App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Pick App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
13. Third Party Intellectual Property Claims
Cold Rain Studios LLC shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Pick App. To the extent Cold Rain Studios LLC is required to provide indemnification by applicable law, Cold Rain Studios LLC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Pick App or your use of it infringes any third party intellectual property right.