End User License Agreement
Last updated September 14, 2021
Me v Machine - MvM is licensed to You (End-User) by Rehearse it! Limited, located at 4 South Bar Street, Banbury, Oxfordshire OX16 9AA, United Kingdom (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Rehearse it! Limited, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Rehearse it! Limited acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.
1. THE APPLICATION
Me v Machine - MvM (hereinafter: Application) is a piece of software created to Increase the chances of success for people in their important meetings and interviews with machine AI interviewers and human interviewers or meeting counterparties - and customized for Apple mobile devices. It is used to rehearse the user in their approach to their business meetings and interviews.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any smartphone that You (End-User) own or control and as permitted by the Usage Rules set forth 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 associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Rehearse it! Limited's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Rehearse it! Limited's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under 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 not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application run on Apple iOS version 13.6.0 or higher. Licensor recommends using the latest version of iOS.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Rehearse it! Limited is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 Rehearse it! Limited and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence
5.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application
5.3 Licensor takes no accountability and responsibility for Your performance in your meetings and interviews.
5.4 Licensor takes no accountability and responsibility for the professional and personal outcomes of Your meetings and interviews.
5.5 Licensor takes no accountability and responsibility in case of defects in the operation of the Application. The Application does not have a warranty of performance.
6.1 No warranty is provided for the Application.
7. PRODUCT CLAIM
Rehearse it! Limited and the End-User acknowledge that Rehearse it! Limited, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation in connection with Your licensed use of the Application.
8. LEGAL COMPLIANCE
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; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
9. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact: Mr RW Roberts 4 South Bar Street Banbury, Oxfordshire OX16 9AA United Kingdom email@example.com.
The license is valid until terminated by Rehearse it! Limited or by You. Your rights under this license will terminate automatically and without notice from Rehearse it! Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and uninstall all copies, full or partial, of the Application.
11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Rehearse it! Limited represents and warrants that Rehearse it! Limited will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License 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.
12. INTELLECTUAL PROPERTY RIGHTS
The Me v Machine - MvM App, its software and all features of the Application is the intellectual property of, and owned by, Rehearse it! Limited. The structure, organization and code are the valuable trade secrets and confidential information of Rehearse it! Limited. The Software is protected by law, including but not limited to the copyright laws of the United Kingdom and other countries, and by international treaty provisions. This agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Supplier. The materials displayed on this app, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are solely our property and may be protected, at our sole discretion, by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, noncommercial use, provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior written consent. Save for the above, and unless expressly granted, we do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this website or in the user interface of this website. Privacy We are committed to the privacy of its customers. Rehearse it! Limited and the End-User acknowledge that, in the event of any third- party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Rehearse it! Limited, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
13. APPLICABLE LAW
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
This Application does not record, store or transmit any of your personal data including video, audio or motion capture.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.