Introduction
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using My Toolbox (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
1. Acknowledgement
Creastel SAS and the End-User acknowledge that the Agreement is concluded between Creastel SAS and the End-User only, and not with Apple. Creastel SAS, not Apple, are solely responsible for the Licensed Application and the content thereof.
2. License
Creastel SAS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
3. Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
4. Maintenance and Support
Creastel SAS is solely responsible for providing any maintenance and support services with respect to the Licensed Application. Creastel SAS and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. Modifications to Application
Creastel SAS reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
6. Warranty
No warranty is given upon the licenced application. In the event of any failure of the Licensed Application to conform to the user satisfaction, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User. Apple has no other warranty obligation whatsoever with respect to the Licensed Application.
7. Product Claims
Creastel SAS, not Apple, 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.
8. Intellectual Property Rights
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 that third party’s intellectual property rights, Creastel SAS is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9. Legal Compliance
The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
10. Third Party Terms of Agreement
The End-User must comply with applicable third party terms of agreement when using My Toolbox.
11. Third Party Beneficiary
Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Upon the End-User’s acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the End-User as a third party beneficiary thereof.
12. Term and Termination
This Agreement shall remain in effect until terminated by you or Creastel SAS.
Creastel SAS may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Creastel SAS, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
13. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14. Amendments to this Agreement
Creastel reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15. Contact Information
If you have any questions about this Agreement, please contact us at hello@creastel.com
Creastel SAS, 62 Rue Berlioz, 68330 Huningue.