1. General terms
1.1 You represent that you are an authorized User under the Agreement. If you do not qualify as an authorized User, then you may download the App, but will not be able to log in.
1.3 The App contains a feature that allows a Customer User to connect to his/her ListenerU account via the App if: (a) User has a valid and active ListenerU User Account; and (b) the administrator of the relevant Customer’s ListenerU portal has not disabled use of the App. In this respect, “portal” means an instance of the ListenerU Product with a set of Customer Data and Customer-specific Product customizations, that is maintained by ListenerU in a segregated password-controlled database.
1.4 If Customer User uses the App, Customer Data may be transferred to and from the respective technical infrastructure systems that support ListenerU, including servers administered by Amazon Web Services, Inc. (“AWS”). Additional information regarding these technical infrastructure systems and the rules that apply to such transfers is available in the Agreement.
1.5 Apple Inc. may, at any time and without notice, restrict, interrupt, or prevent use of the App, or delete the App from your or Customer’s Apple device(s), or require ListenerU to do any of the foregoing, without entitling Customer or you to any refund, credit, or other compensation from ListenerU or any third party (including, but not limited to, Apple Inc. or your network connectivity provider).
2. License to use the app
2.1 The App, including software embedded in the App, is licensed, not sold, to Customer by ListenerU only under the terms of the Agreement and ListenerU reserves all rights not expressly granted to Customer. The App contains some open source software libraries, the license terms of which are available on written request to ListenerU. ListenerU and its licensors retain ownership of the software contained in the App.
2.2 Unless otherwise specified in the Agreement and subject to payment of the Subscription Fee and any other undisputed amounts due, ListenerU grants to Customer, and subsequently you as User, a limited, non-exclusive, non-assignable, non-transferable, renewable, and revocable license during the applicable Term, to access and use the App on any Supported Device and on no other devices, exclusively for Customer’s internal business purposes, as set out in the Agreement. The license granted to User and Customer for the App is a non-transferable license to use the App on any iOS devices that User owns or controls and as permitted by Apple (“Supported Devices”).
2.3 Such license permits you to use Intellectual Property Rights and Confidential Information included in the App and to make copies of software or other information strictly as necessary to download, install, and use the App. Such license shall not be construed to mean, by inference or otherwise, that Customer has any right to access or obtain any source code for the App.
2.4 Without limiting the generality of anything herein, you acknowledge and agree that the App may collect use or device data for the purposes of providing services or functions that are relevant to use of the App.
3. Apple terms
3.1 ListenerU, and not Apple, is solely responsible for the App and the license granted herein. Apple has no obligation to provide maintenance and support for the App.
3.3 The App is not covered by the ListenerU Service Level Agreement or any other service level agreement in place between Customer and ListenerU. Nevertheless, ListenerU will aim to provide customer support for the App to the same standard as set out in the Agreement.
3.4 In order to respond to FAQs and help its customers to resolve common problems without needing direct assistance from Support, ListenerU maintains the Knowledge Base on the ListenerU website (https://listeneru.com/faqs/). If your question is not resolved via the Knowledge Base, the ListenerU help desk can be contacted by email anytime via https://listeneru.com/contact/.
3.5 Apple is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by Customer or any third party for allegations relating to the App, or your or Customer’s possession and/or use of the App, including but not limited to: (a) product liability; (b) any failure of the App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.
3.6 As a User, you represent and warrant that: (a) the App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a “terrorist-supporting” country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties.
3.7 ListenerU’s address is 2-83 Huron Street, Sault Ste. Marie, Ontario P6A 5P4. Any claims regarding the App may be submitted via https://listeneru.com/contact/.
3.9 To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty. Apple shall not be required to provide a refund to you or Customer under any circumstances.
4. Term and termination