END USER LICENSE AGREEMENT
Last updated November 30, 2023
Harmonium - Real Sounds (Raga) is licensed to You (End-User) by Ravi
Kumar Sharma referred to as "Caesium Studio", located and registered at
Herzbergstr 154, Berlin, Berlin 10367, Germany ("Licensor"), for use
only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software
distribution platform ("App Store") , and any update thereto (as
permitted by this License Agreement), You indicate that You agree to be
bound by all of the terms and conditions of this License Agreement, and
that You accept this License Agreement. App Store is referred to in this
License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are
not a Party to this License Agreement and are not bound by any
provisions or obligations with regard to the Licensed Application, such
as warranty, liability, maintenance and support thereof. Caesium Studio,
not the Services, is solely responsible for the Licensed Application and
the content thereof.
This License Agreement may not provide for usage rules for the Licensed
Application that are in conflict with the latest
Apple Media Services Terms and Conditions
( "Usage Rules" ). Caesium Studio acknowledges that it had the
opportunity to review the Usage Rules and this License Agreement is not
conflicting with them.
Harmonium - Real Sounds (Raga) when purchased or downloaded through the
Services, is licensed to You for use only under the terms of this
License Agreement. The Licensor reserves all rights not expressly
granted to You. Harmonium - Real Sounds (Raga) is to be used on devices
that operate with Apple's operating systems ("iOS" and "Mac OS") .
TABLE OF CONTENTS
1. THE APPLICATION
Harmonium - Real Sounds (Raga) ("Licensed Application") is a piece of
software created to enable learning Harmonium — and customized for iOS
mobile devices ( "Devices"). It is used to learning Harmonium.
The Licensed Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use this Licensed Application. You may not use the Licensed
Application in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Devices that
You (End-User) own or control and as permitted by the Usage Rules, with
the exception that such Licensed Application may be accessed and used by
other accounts associated with You (End-User, The Purchaser) via Family
Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed
Application provided by Licensor that replace, repair, and/or supplement
the first Licensed Application, unless a separate license is provided
for such update, in which case the terms of that new license will
govern.
2.3 You may not share or make the Licensed Application available to
third parties (unless to the degree allowed by the Usage Rules, and with
Caesium Studio's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works or updates
of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with Caesium Studio's prior
written consent).
2.5 You may not copy (excluding when expressly authorized by this
license and the Usage Rules) or alter the Licensed Application or
portions thereof. You may create and store copies only on devices that
You own or control for backup keeping under the terms of this license ,
the Usage Rules, and any other terms and conditions that apply to the
device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain
access to these copies at any time. If you sell your Devices to a third
party, you must remove the Licensed Application from the Devices before
doing so.
2.6 Violations of the obligations mentioned above, as well as the
attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of
licensing.
2.8 Nothing in this license should be interpreted to restrict
third-party terms. When using the Licensed Application, You must ensure
that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use the
Licensed Application satisfies the technical specifications mentioned
above.
3.2 Licensor reserves the right to modify the technical specifications as
it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and
support services for this Licensed Application. You can reach the Licensor
at the email address listed in the App Store Overview for this Licensed
Application.
4.2 Caesium Studio and the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and support services with
respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your
downloaded Licensed Application content and Your personal information, and
that Licensor's use of such material and information is subject to Your
legal agreements with Licensor and Licensor's privacy policy, which can be
accessed by Clicking the Privacy Policy Button in settings panel..
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and
application software, and peripherals, offer product support, facilitate
the software updates, and for purposes of providing other services to you
(if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies
to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content.
We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials
to us or in the Licensed Application, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions" ).
Contributions may be viewable by other users of the Licensed Application
and through third-party websites or applications. As such, any
Contributions you transmit may be treated in accordance with the Licensed
Application Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us,
the Licensed Application, and other users of the Licensed Application to
use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name
or likeness or each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated
by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
12. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
13. Your Contributions do not otherwise violate, or link to material that
violates, any provision of this License Agreement, or any applicable law
or regulation.
Any use of the Licensed Application in violation of the foregoing violates
this License Agreement and may result in, among other things, termination
or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed
Application, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We
are not liable for any statements or representations in your Contributions
provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages
caused due to a breach of duties according to Section 2 of this License
Agreement. To avoid data loss, You are required to make use of backup
functions of the Licensed Application to the extent allowed by applicable
third-party terms and conditions of use. You are aware that in case of
alterations or manipulations of the Licensed Application, You will not
have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware,
trojan horses, viruses, or any other malware at the time of Your download.
Licensor warrants that the Licensed Application works as described in the
user documentation.
9.2 No warranty is provided for the Licensed Application that is not
executable on the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if
by Yourself or by third parties, or if there are any other reasons outside
of Caesium Studio's sphere of influence that affect the executability of
the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after
installing it and notify Caesium Studio about issues discovered without
delay by email provided in
Contact Information
. The defect report will be taken into consideration and further
investigated if it has been emailed within a period of ninety (90) days
after discovery.
9.4 If we confirm that the Licensed Application is defective, Caesium
Studio reserves a choice to remedy the situation either by means of
solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to
any applicable warranty, You may notify the Services Store Operator, and
Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the
Licensed Application, and any other losses, claims, damages, liabilities,
expenses, and costs attributable to any negligence to adhere to any
warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires
after a statutory period of limitation amounting to twelve (12) months
after the Licensed Application was made available to the user. The
statutory periods of limitation given by law apply for users who are
consumers.
10. PRODUCT CLAIMS
Caesium Studio and the End-User acknow ledge that Caesium Studio, and not
the Services, is responsible for addressing any claims of the End-User or
any third party relating to the Licensed Application or the End-User’s
possession and/or use of that Licensed Application, including, but not
limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any
applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar
legislation , including in connection with Your Licensed Application’s use
of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is
subject to a US Government embargo, or that has been designated by the US
Government as a "terrorist supporting" country; and that You are not
listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the
Licensed Application, please contact:
Caesium Studio
Herzbergstr 154
Berlin 10367
Germany
13. TERMINATION
The license is valid until terminated by Caesium Studio or by You. Your
rights under this license will terminate automatically and without notice
from Caesium Studio if You fail to adhere to any term(s) of this license.
Upon License termination, You shall stop all use of the Licensed
Application, and destroy all copies, full or partial, of the Licensed
Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Caesium Studio represents and warrants that Caesium Studio will comply
with applicable third-party terms of agreement when using Licensed
Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," Apple's subsidiaries shall be
third-party beneficiaries of this End User License Agreement and — upon
Your acceptance of the terms and conditions of this License Agreement,
Apple will have the right (and will be deemed to have accepted the right)
to enforce this End User License Agreement against You as a third-party
beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Caesium Studio and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User's
possession and use of that Licensed Application infringes on the third
party's intellectual property rights, Caesium Studio, and not the
Services, will be solely responsible for the investigation, defense ,
settlement, and discharge or any such intellectual property infringement
claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of Germany excluding its
conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid,
the validity of the remaining provisions shall not be affected. Invalid
terms will be replaced by valid ones formulated in a way that will achieve
the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid
down in writing. The preceding clause can only be waived in writing.
Effective from November 30, 2023