End User License Agreement (EULA)

Last Updated: 21 October 2024

This End User License Agreement (“Agreement”) is a legal agreement between you and Ascano Labs, LLC. This Agreement governs your use of the Somme App (“App”) provided by Ascano Labs, LLC (“Company”, “we”, “us”, or “our”).

1. Acknowledgment

By downloading or using the App, you agree to comply with and be bound by the terms and conditions of this Agreement. This Agreement is between you and Ascano Labs, LLC, not Apple, Inc. (“Apple”). Apple is not responsible for the App and its content.

2. Scope of License

The license granted to you for the App by Ascano Labs, LLC is limited to a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the App Store Terms of Service. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

3. Maintenance and Support

Ascano Labs, LLC is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4. Warranty

Ascano Labs, LLC warrants that the App will perform substantially as described. If the App fails to conform to this warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ascano Labs, LLC.

5. Product Claims

Ascano Labs, LLC is responsible for addressing any claims made by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:

  • Product liability claims
  • Any claim that the App fails to conform to any applicable legal or regulatory requirement
  • Claims arising under consumer protection, privacy, or similar legislation

Apple has no responsibility for these claims.

6. Intellectual Property Rights

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Ascano Labs, LLC will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You represent and warrant that:

  • You are 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.
  • You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Termination

This Agreement is effective until terminated by you or Ascano Labs, LLC. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.

10. Third-Party Beneficiary

Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.