END-USER LICENSE AGREEMENT
HIDEAWAY BOATING VENTURES, LLC
Last Modified Jan. 7th, 2018
This End-User License Agreement (“EULA” or “Agreement”) governs the End User’s (“You” or “Your”) use of the TieUpCo application software and accompanying documentation (“Application”) provided by Hideaway Boating Ventures, LLC (“Licensor”, “we”, “us”, “Company”, “Hideaway”) (DBA TieUpCo) designed to run on your iOS, Android, or other computing device. This Application made available through the App Store and Google Play Store is licensed, not sold, to you. By using this Application, you acknowledge the fact that you have read and understand this Agreement, which has the right to be periodically updated by the company. That you are of consenting age to enter into contract with Hideaway Boating Ventures, LLC, and that you understand by using the TieUpCo software you indicate complete and unconditional acceptance of the terms and conditions set forth in this agreement. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS, DO NOT USE TIEUPCO OR ANY ASSOCIATED SOFTWARE AND PROCEED TO REMOVE APPLICATION FROM YOUR POCESSION.
This agreement incorporates by reference the Licensed Application End User Agreement published by Apple, Inc. (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). In regards to this agreement the “Licensor” is considered the “Application Provider” defined in the Licensed Application End User Agreement and the “Application” is considered the “Licensed Application” likewise. If any terms or conditions set forth in this agreement conflict with the referenced EULA published by Apple, Inc., the terms of this Agreement shall have authority.
Hideaway Boating Ventures, LLC and You acknowledge the fact that this Agreement is entered into by the Company and You, not with Apple, Inc or Google, Inc. The Company is solely responsible for the Application and any content thereof. You acknowledge that neither Apple, Inc. nor Google, Inc. have any obligation to maintain or support any services provided by the Application. You and We acknowledge that Apple (Apple Subsidiaries) and Google (Google Subsidiaries) are third party beneficiaries of this Agreement, and upon the End-User’s agreement, they will have the right to enforce the EULA against the End-User as a third party beneficiary thereof. You acknowledge that you have reviewed and agree with both the Apple Media Services Terms and Conditions and the Google Play Terms of Service and that nothing within this Agreement gives you the authority to conflict with said Terms and Conditions. You acknowledge that You must comply with all third party terms of agreement while in use of the Application including, but not limited to, Twilio, Stripe, Square, and PayPal. You represent and warrant that (a) 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; and (b) You are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
SCOPE OF LICENSE
This license granted to the End-User by Hideaway Boating Ventures, LLC. permits a single, non-transferrable license to use the Application on any device that You own or operate. The terms of this EULA govern any content, materials, or services accessible from or purchased within the Application as well as upgrades provided by Hideaway that replace or supplement the original Application. You may not transfer, redistribute or sublicense the Application and, if you sell your device to any third party, you must remove the Application from Your device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof. Any attempt is a direct violation of our rights. If You breach this restriction, You may be subject to prosecution and damages. Hideaway Boating Ventures, LLC reserves all rights not expressly granted to you.
CONSENT TO USE OF DATA
You agree that Licensor 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 Application. Hideaway may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This End User Agreement License is effective until terminated by You or Hideaway. Your rights under this EULA will terminate automatically if you fail to comply with any and all of its terms.
The 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. Unpublished-rights reserved under the copyright laws of the United States.
INTELLECTUAL PROPERTY RIGHTS
Both You and Hideaway Boating Ventures, LLC acknowledge that, in the event of any third party claim that the Application or Your use of the Application infringes on any third party's intellectual property rights, we, not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Application be found to infringe on any intellectual property rights of a third party, Your sole solution is to immediately cease use of the Application or to use a non-infringing version of the Application should Hideaway provide you with such a version.
The Application may enable access to Hideaway’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Hideaway 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. Hideaway nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Data displayed by any application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Hideaway or its agents. Third Party Materials and links to other web sites are provided solely as a convenience to you. 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 Hideaway 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 Hideaway 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. Hideaway 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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HIDEAWAY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 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, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIDEAWAY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE 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.
WE ALSO DISCLAIM ANY AND ALL RESPONSIBILITIES OR LIABILITIES FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE APPLICATION. ALSO, HIDEAWAY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE FURTHER DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE LICENSED APPLICATION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILTY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HIDEAWAY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR 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 APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HIDEAWAY 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. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
HIDEAWAY BOATING VENTURES, LLC
Address: 9135 Wayne Dr.
St. Louis, MO 63123