LICENSED APPLICATION END USER LICENSE AGREEMENT
Last Updated: October 5, 2022
Please read this end user license agreement (“EULA”) carefully. By purchasing, downloading, accessing, or using this App (“Licensed Application”) made available through the Apple App Store and the Google Play Store, you agree to this EULA which binds you legally. If you do not agree with any terms, you may not purchase, download, or use the App. Subject to this EULA, the Licensed Application is licensed, not sold, to you by the Queen Sofia Spanish Institute (the “Application Provider”). As a condition of your using the Licensed Application, you also agree: (a) to Application Provider’s privacy notice (queensofiaspanishinstitute.org/quizstory/ppolicy) (“Privacy Notice”), which is incorporated into this EULA; and (b) to comply with rules by Apple Inc. (“App Store Rules”) and Google Inc. (“Play Store Rules”) with respect to the use of Apple’s App Store and Google’s Play Store respectively; App Store Rules and Play Store Rules are referred to together as “Usage Rules.”
1. This EULA is between you and the Application Provider (and not with Apple, Inc. or Google Inc.). The Application Provider reserves all rights in the Licensed Application not expressly granted to you under this EULA. You agree that the EULA, including the Privacy Notice, may be updated from time to time, without prior notice, and any change will be effective when posted.
2. The Licensed Application is available only for a compatible Apple or Android device, as applicable (at least 12.4 onwards for iOS and 16 onwards for Android). Under this EULA, any compatible device to which you download the Licensed Application will be known as a “Device.” Determining whether your device is a supported or compatible Device for use of the Licensed Application is solely your responsibility and you download the App at your own risk. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the Licensed Application on such Device. You accept responsibility for any use of the Licensed Application on the Device, whether or not the Device is owned by you or such use was made by you.
3. The Application Provider grants you a nontransferable license to use the Licensed Application solely for personal, educational, non-commercial use on a Device that you own or control and as permitted by the applicable Usage Rules. You acknowledge that intellectual property rights in the Licensed Application (and its content) belong to Application Provider or its licensors. Unless expressly permitted, you may not reproduce, modify, distribute, create derivative works of, or publicly display or perform the content. The terms of this EULA will govern use of the Licensed Application as well as upgrades provided that replace or supplement the original Licensed Application unless the upgrade is accompanied by a separate license. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). You acknowledge that the Application Provider, Apple (and the App Store), and Google (and the Play Store), have no obligation to furnish any maintenance and/or support services with respect to the Licensed Application.
4. With respect to downloading and using the Licensed Application, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the Licensed Application may be dependent on the App Store or Play Store from which you receive the Licensed Application. The App Store and Play Store are not responsible for the Licensed Application or its content or for any warranty or for addressing any claims relating to the Licensed Application (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that Apple, Inc. and Google, Inc. (and their respective subsidiaries) are intended third-party beneficiaries under this EULA and will have the right to enforce this EULA against you.
5. You agree that Application Provider may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Application Provider and its contractors and representatives may use this information regarding use of the Licensed Application as provided in the Privacy Notice.
6. This EULA is effective until terminated by you or Application Provider. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon any termination of this EULA, you shall cease all use (and destroy all copies) of the Licensed Application. In addition, Application Provider reserves the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Licensed Application without notice for any reason without liability to you, except where prohibited by applicable law.
7. The Licensed Application may enable access to Application Provider’s and/or thirdparty services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Application Provider is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to, any financial, medical and location information, is for general informational purposes only and is not guaranteed or warranted by Application Provider or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Application Provider or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Application Provider is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Application Provider reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
8. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, COMPLETENESS, RELIABILITY, OR QUALITY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR THAT THE FUNCTIONS IN THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE LICENSED APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION SERVICE PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may also notify Apple, and Apple with refund the purchase price (if any) for the Licensed Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE LICENSED APPLICATION, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY OR ANY OTHER CLAIMS (INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, AND OTHERWISE, RELATING TO THE LICENSED APPLICATION. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER, APPLE, INC., AND GOOGLE, INC. BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR 13901983v.5 CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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. You also agree that you will not use these products for any purposes prohibited by United States or other applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
12. The Licensed Application 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. Unpublishedrights reserved under the copyright laws of the United States.
13. The laws of the State of New York govern this EULA and your use of the Licensed Application. You irrevocably agree: (a) to bring any claim between you and Application Provider exclusively in the state or federal courts located in the State and County of New York; and (b) you waive any objection to the jurisdiction of those courts based on an inconvenient forum or other reasons. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Except to the extent expressly provided otherwise any relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this agreement. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
14. Please contact the Application Provider with any questions, complaints, or claims with respect to the Licensed Application at: Queen Sofia Spanish Institute, 575 Madison Avenue, 10th Floor, New York, NY 10022 or 212.628.0420 or info@queensofiasi.org.
