End User License Agreement
This End User License Agreement (“EULA”) is between you and ShopNChef, Inc. and governs your use of the ShopNChef mobile application and any updates to it (the “Application”). By installing or using the Application, you agree to this EULA. This EULA is in addition to, and incorporates, our Terms of Service.
1. License grant
ShopNChef, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on devices you own or control, solely for your personal, non-commercial use, in accordance with this EULA, the Terms of Service, and the usage rules of the app store from which you obtained the Application.
2. Restrictions
You agree that you will not, and will not permit others to:
- copy, modify, or create derivative works of the Application except as permitted by law;
- reverse engineer, decompile, or disassemble the Application, or attempt to derive its source code, except to the limited extent applicable law expressly permits;
- rent, lease, lend, sell, redistribute, or sublicense the Application;
- remove, alter, or obscure any proprietary notices, or circumvent security or usage controls; or
- use the Application in any unlawful manner or in violation of our Acceptable Use Policy.
3. Intellectual property
The Application is licensed, not sold. ShopNChef, Inc. and its licensors retain all right, title, and interest in and to the Application, including all intellectual property rights. This EULA grants you no rights other than the limited license expressly stated here.
4. Updates
We may provide updates, patches, or new versions of the Application. This EULA governs any such updates unless a separate license accompanies them. Some updates may be required for the Application to continue functioning.
5. Termination
This EULA is effective until terminated. Your rights under this EULA terminate automatically if you fail to comply with any of its terms. On termination, you must stop using the Application and delete all copies. Sections concerning intellectual property, disclaimers, and limitations of liability survive termination.
6. Warranty disclaimer
The Application is provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, ShopNChef, Inc. disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You use the Application at your own risk.
7. Limitation of liability
To the maximum extent permitted by law, ShopNChef, Inc. will not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Application. This limitation applies together with the limitation of liability set out in the Terms of Service.
8. Apple App Store terms
If you obtained the Application from the Apple App Store, the following additional terms apply:
- This EULA is between you and ShopNChef, Inc. only, and not with Apple. Apple is not responsible for the Application or its content.
- Apple has no obligation to furnish maintenance or support for the Application. Any product warranty is our sole responsibility; if the Application fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation.
- ShopNChef, Inc., not Apple, is responsible for addressing any claims relating to the Application, including product-liability, legal, or regulatory claims, and third-party intellectual-property claims.
- Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.
9. Governing law
This EULA is governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles, except where the app store’s usage rules require otherwise.
10. Contact
Questions about this EULA? Email legal@shopnchef.com.