For use exclusively in accordance with the provisions of this License Agreement, Pashtya, situated at 4065 Brickstone Mews, Mississauga, Ontario, Canada (hereinafter: Licensor), hereby grants You (End-User) a license to use Pashtya. We have our registered office and we are registered in .
You acknowledge that you have read, understand, and agree to the terms of this License Agreement by downloading the Application from the Apple AppStore and any updates thereto (as permitted by this License Agreement).
The parties to this License Agreement recognise that Apple is not a party to this License Agreement and is not subject to any of its terms or duties with relation to the Application, including its maintenance and support, warranty, liability, and maintenance obligations. The licenced Application and its contents are the sole responsibility of Pashtya, not Apple.
There may not be any usage guidelines for the Application in this License Agreement that conflict with the most recent App Store Terms of Service. The License Agreement is not in violation with those terms, which Pashtya concedes it had the chance to evaluate.
There are no rights granted to you that have not already been reserved.
1. The Application
A piece of software developed to serve as an online learning teacher and specially designed for Apple mobile devices is called Pashtya (hereinafter: Application). It is used for online courses.
If your interactions would be governed by legislation such as the Federal Information Security Management Act (FISMA), the Health Insurance Portability and Accountability Act (HIPAA), or another industry-specific rule, you are not permitted to use this application. The Gramm-Leach-Bliley Act must not be broken by how you use the Application (GLBA).
2. Period Of License
2.1 The Licensed Application may be installed and used by You (End-User, The Purchaser) on any Apple-branded products that You own or control in accordance with the Usage Rules specified in this section and the App Store Terms of Service, with the exception that such Licensed Application may be accessed and used by other accounts connected to You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 Unless a different license is supplied for such update, in which case the terms of that new license will apply, this license will also apply to any updates of the Application issued by the Licensor that replace, repair, and/or augment the original Application.
2.3 Except as expressly permitted by the Apple Terms and Conditions and with Pashtya's prior written agreement, you are not permitted to share, make the Application available to third parties, sell, rent, lend, lease, or otherwise redistribute the Application.
2.4 Except with Pashtya's prior written approval, you are not permitted to reverse engineer, translate, disassemble, integrate, decompile, remove, edit, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application or any part thereof.
2.5 You are not allowed to change or copy the Application or any of its components, unless expressly permitted by this license and the Usage Rules. In accordance with the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used, you may only generate and store copies on devices that You own or control for backup purposes. Any intellectual property notices cannot be removed. You agree that these copies will never be accessed by anyone else without your permission.
2.6 Penalties and damages may be assessed for violations of the aforementioned obligations as well as attempts to commit such violations.
2.7 The license's terms and conditions are subject to change by the licensor.
2.8 Nothing in this license should be construed to limit agreements with third parties. You are responsible for adhering to all relevant third-party terms and conditions when using the Application.
3. Technical Requirements
3.1 The Application needs firmware that is at least version 1.0.0. The licensor advises using the most recent firmware version.
3.2 Licensor makes an effort to keep the Application updated so that it is compatible with new or changed firmware versions and new hardware. You don't have any rights to demand such an upgrade.
3.3 You agree that it is Your obligation to verify and ascertain that the app end-user device you plan to use the Application on complies with the above-mentioned technical requirements.
3.4 The Licensor maintains the right to alter the technical requirements whenever it sees fit.
4. Updates And Support
4.1 All maintenance and support services for this licenced Application are the sole responsibility of the Licensor. The email address for the Licensor is included in the App Store Overview of this license Application.
4.2 Pashtya and the End-User agree that Apple is under absolutely no duty to provide any upkeep or support services for the licenced Application.
5. Data Use
You acknowledge that the content of Your downloaded, licenced Application and Your personal information will be accessible to the Licensor and subject to adjustment, and that the Licensor's use of such content and information is governed by Your legal agreements with the Licensor and the Licensor's privacy policy: .
6. User Generated Contributions
The Application 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 Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material that contains your personal information. The Application may also invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality (collectively, "Contributions"). Other Application users as well as users of external websites or programmes may be able to view contributions. Any Contributions you send could therefore be considered non-confidential and non-proprietary. You represent and warrant the following when you create or otherwise make any Contributions available:
1. Your Contributions are not and will not violate any third party's intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, during their creation, distribution, transmission, public performance, access, download, or copying.
2. You have all necessary rights, consents, releases, and permissions to use and authorize us, the Application, and other Application users to use your Contributions in any manner envisioned by the Application and these Terms of Use. You are also the creator and owner of all necessary licenses, rights, consents, releases, and permissions.
3. Every identifiable individual in your Contributions has given you their written permission to use their name or likeness in order to permit inclusion and use of your Contributions in any form envisioned by the Application and these Terms of Use. You have their permission to do so.
4. Your Contributions are truthful, accurate, and not deceptive.
5. Your Contributions do not constitute spam, chain letters, pyramid schemes, unlawful or uninvited advertising, promotional materials, mass mailings, or any other type of solicitation.
6. Your contributions aren't unacceptable in any way, including being vulgar, lascivious, filthy, aggressive, harassing, libelous, or slanderous (as determined by us).
7. You do not mock, degrade, intimidate, or abuse anybody in Your Contributions.
8. Your Contributions are not used to advocate violence against a particular individual or group of individuals, to harass or threaten (in the legal sense of those terms) any other person.
9. Your Contributions do not contravene any governing law, rule, or regulation.
10. Your Contributions do not infringe on anyone else's right to secrecy or to be anonymous.
11. Your Contributions do not contravene any laws pertaining to child pornography or other laws that are designed to safeguard the health or welfare of minors.
12. You have not made any disrespectful statements about racial, ethnic, national, gendered, sexual, or physical preferences in your contributions.
13. Any other violation of these Terms of Use or any applicable law or regulation, or any linking to content that does, is prohibited in Your Contributions.
Your permission to use the Application may be terminated or suspended, among other things, for any usage of the Application that violates the aforementioned terms of use.
7. Correspondence License
You automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, s, and publish your Contributions by posting them to any part of the Application or making them accessible to the Application by linking your account from the Application to any of your social networking accounts. You also represent and warrant that you have the right to grant this license. Any media channels and any media formats are acceptable for use and distribution.
This license covers the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and any other personal and commercial pictures you give in any format, media, or technology now known or hereafter developed. You guarantee that no moral rights have been in any way else asserted in your contributions and you waive all moral rights therein.
Your Contributions are not our property, according to us. All of your contributions, as well as any associated intellectual property rights or other proprietary rights, remain wholly yours. We disclaim all responsibility for any assertions or representations made by you in any of your Contributions to the Application. You expressly agree to absolve us of all liability and desist from bringing any legal action against us in relation to your Contributions, for which you are exclusively responsible.
We reserve the right, at any time and for any reason, without prior notice, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more pertinent areas of the Application; and (3) to pre-screen or delete any Contributions. All of these rights are exercised solely and exclusively at our discretion. We are not required to keep an eye on your contributions.
8. Liability
8.1 The licensor's liability for obligations and torts shall be restricted to willful misconduct and egregious carelessness. Licensor will only be held accountable for even the slightest negligence if there has been a violation of a contract's fundamental obligations (cardinal obligations). In any instance, liability is restricted to reasonably foreseeable, customary damages. The aforementioned restriction does not cover harm to life, limb, or health.
8.2 The Licensor disclaims all liability and responsibility for any damages resulting from a failure to uphold this Agreement's obligations under Section 2. To the extent permitted by any third-party terms and conditions of use, You must use the backup features of the Application to prevent data loss. You are aware that if the Application is changed or misused, You will not have access to the licenced Application.
9. Warranty
9.1 The licensor guarantees that at the time of Your download, the Application is free of spyware, trojan horses, viruses, and other malware. The licensor guarantees that the Application performs as stated in the user manual.
9.2 No warranty is given for the Application if it cannot be used on the device, if it has been improperly handled or modified, if it has been combined or installed with inappropriate hardware or software, if it has been used with inappropriate accessories, whether by You or by others, or if there are any other factors outside of Pashtya's control that affect the Application's ability to be used.
9.3 You must check the Application as soon as it has been installed and promptly alert Pashtya of any problems by sending an email to the address listed in the Product Claims. If the defect report was mailed within days of discovery, it will be taken into account and further investigated.
9.4 If we determine that the Application is flawed, Pashtya reserves the right to choose between fixing the flaw and making a substitute delivery.
9.5 You may contact the App-Store-Operator in the event that the Application is found to be in violation of any applicable guarantee, and you will get a refund of your application purchase price. The App-Store-Operator will have no further warranty obligations with regard to the App and any other losses, claims, damages, liabilities, expenses, or costs related to any negligence in upholding any warranty, to the fullest extent authorized by relevant law.
9.6 If the user is an entrepreneur, any claim based on faults expires after a legal deadline of twelve (12) months following the date the user first had access to the Application. For users who are consumers, the legal restriction periods that are specified by statute apply.
10. Claim For Products
The End-User and Pashtya agree that Pashtya, not Apple, shall be in charge of resolving any claims made by the End-User or any third party about the licenced Application or the End-ownership User's and/or use of the licenced Application, including but not limited to:
(i)claims for product liability;
(ii) any allegations that the licenced Application does not adhere to any requirements established by law or regulation; and
(iii) complaints based on consumer protection, privacy, or related laws, including those relating to the use of the HealthKit and HomeKit by Your Licensed Application.
11. Compliance With Law
You affirm and guarantee that You do not reside in a nation that is governed by a U.S. that is subject to a governmental embargo or that the US has designated. You are not included on any U.S. government list of nations that "sponsor terrorism," and the U.S. parties that are outlawed or regulated by the government.
12. Information For Contact
Please contact the following for general questions, comments, complaints, or claims relating to the licenced Application:
13. Termination
The license is in effect until it is canceled by Pashtya or you. If You violate any term(s) of this license, Your rights under this license will instantly and without notice from Pashtya end. You must stop using the Application immediately upon the expiration of the License and delete all copies—complete or partial—that you have made.
14. Terms Of Agreements With Third Parties And Beneficiary
When using the licenced Application, Pashtya represents and warrants that Pashtya will adhere to all applicable third-party terms of agreement.
Apple and 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, in accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement."
15. Rights To Intellectual Property
Both Pashtya and the End-User acknowledge that Pashtya, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims in the event that a third party asserts that the licenced Application, or the End-possession User's and use of that license Application, infringes on the third party's intellectual property rights.
16. Law Applicable
Except for its regulations on conflicts of law, the laws of shall govern this license agreement.
17. Miscellaneous
17.1 The validity of the remaining provisions of this agreement will not be impacted if any of its terms are found to be or become invalid. Invalid phrases will be swapped out for ones that are constructed to accomplish the main goal and are valid.
17.2 Collateral agreements, revisions, and adjustments must be put in writing to be enforceable. It is only possible to waive the previous clause in writing.