The App, including all software, design, user interface, text, graphics, and logos (excluding data you enter), is owned by the Developer and protected by intellectual property laws. Except for the limited license expressly granted, no rights are transferred to you. "LeasePace" and "Verntro Labs" are names and marks of the Developer; these Terms grant you no right to use them.
10Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE DEVELOPER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT, ESTIMATE, OR PROJECTION WILL BE ACCURATE OR RELIABLE.
Some jurisdictions do not allow the exclusion of certain implied warranties, so some exclusions may not apply to you.
11Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FOR ANY LEASE OVERAGE FEES, EARLY-TERMINATION CHARGES, OR OTHER COSTS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY. THE DEVELOPER'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE APP (INCLUDING LEASEPACE PRO), IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE U.S. DOLLARS (US$5.00).
Some jurisdictions do not allow these limitations, so some may not apply to you.
12Indemnification
You agree to indemnify, defend, and hold harmless the Developer from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the App, your violation of these Terms, or your violation of any law or third-party right.
13Apple-Specific Terms
These Terms are concluded between the Developer and you only, and not with Apple Inc. ("Apple"). You acknowledge and agree that:
- Scope. These Terms are between you and the Developer only. Apple is not responsible for the App or its content.
- Maintenance and Support. The Developer, not Apple, is solely responsible for any maintenance and support for the App. Apple has no such obligation.
- Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims attributable to a failure to conform to any warranty are the Developer's sole responsibility.
- Product Claims. The Developer, not Apple, is responsible for addressing any claims relating to the App, including product liability, legal/regulatory non-conformity, and consumer-protection claims.
- Intellectual Property. If a third party claims the App infringes its intellectual property rights, the Developer, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
- Legal Compliance. You represent that you are not located in a U.S.-embargoed or "terrorist supporting" country and are not on any U.S. Government prohibited or restricted party list.
- Third-Party Terms. You must comply with applicable third-party terms when using the App.
- Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.
14Changes to the App and to These Terms
The Developer may modify, suspend, or discontinue the App or any feature at any time. The Developer may revise these Terms; revised Terms will be posted with an updated effective date, and continued use after they take effect constitutes acceptance.
15Term and Termination
These Terms and the license are effective until terminated. The license terminates automatically if you fail to comply with any provision. Upon termination, you must stop using the App and delete all copies. Sections 2, 8, 9, 10, 11, 12, 13, 16, and 17 survive termination.
16Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles, except as limited by mandatory consumer-protection laws of your place of residence. Any dispute not subject to the Apple Media Services Terms will be resolved exclusively in the state or federal courts located in Denton County, Texas, and you consent to those courts' jurisdiction. Before filing any claim, you agree to first contact the Developer and attempt in good faith to resolve the dispute informally.
17Miscellaneous
- Entire Agreement. These Terms, with the Privacy Policy and any applicable Apple terms, are the entire agreement regarding the App.
- Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect.
- No Waiver. Failure to enforce any provision is not a waiver.
- Assignment. You may not assign these Terms; the Developer may.
- No Agency. No agency, partnership, or joint venture is created.
18Contact
Questions about these Terms may be directed to: