This End User License Agreement (“Agreement”) is between you and Obdura Ltd (UK Company no. 13681260) and governs use of this app made available through the Apple App Store. By installing the Playlisty App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Playlisty App.
- Parties: This Agreement is between you and Obdura Ltd only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Obdura Ltd, not Apple, is solely responsible for the Playlisty App and its content.
- Privacy: Playlisty may collect and use information about your usage of the Playlisty App, including certain types of information from and about your device. Obdura Ltd may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Playlisty App.
- Limited License: Obdura Ltd grants you a limited, non-exclusive, non-transferable, revocable license to use the Playlisty App for your personal, non-commercial purposes. You may only use the Playlisty App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
- Warranty: Obdura Ltd disclaims all warranties about the Playlisty App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Obdura Ltd, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support: Obdura Ltd does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Obdura Ltd, not Apple, shall be obligated to furnish any such maintenance or support.
- Product Claims: Obdura Ltd, not Apple, is responsible for addressing any claims by you relating to the Playlisty App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Playlisty App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
- Third Party Intellectual Property Claims: Obdura Ltd shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Playlisty App. To the extent Obdura Ltd is required to provide indemnification by applicable law, Obdura Ltd, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Playlisty App or your use of it infringes any third party intellectual property right.