GOWTYWOOD PRODUCTIONS.
rgbDesigner FOR iOS SOFTWARE LICENSE AGREEMENT 

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE rgbDesigner SOFTWARE. BY USING THE rgbDesigner SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE. 

 

IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 

In order to ensure rgbDesigner provides the best experience possible for everyone, we strongly enforce a no tolerance policy to users generating content that impinges upon the copyright or trademarks of third parties.

 

1. General. 

The rgbDesigner software, and any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the “rgbDesigner Software” or “the Licensed Application”) are licensed, not sold, to you by Gowtywood Productions (“Licensor”) for use only under the terms of this License. The Licensor retains ownership of the rgbDesigner Software (“the software”) itself and reserves all rights not expressly granted to you. 

Any use of the terms “you”, “the end-user” or “the licensee” within this agreement have the same meaning for the purposes of this agreement. The licensee encompasses all parties who will make use of the app via this license, including those accessing the app via Family Sharing or volume purchase.

2. Parties. 

This Agreement is between you and Gowtywood Productions 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. You acknowledge that Gowtywood Productions, not Apple, is solely responsible for the rgbDesigner App and its content.

3. Scope of License.

The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 

 

The Licensor, at its discretion, may make available future upgrades or updates to the rgbDesigner Software for your compatible Apple-branded iOS device. The rgbDesigner Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS devices. The terms of this License will govern any software upgrades or updates provided by Gowtywood Productions to the original rgbDesigner Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. 

 

4. Volume or Maintenance License. 

If you obtained the rgbDesigner Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the rgbDesigner Software you are permitted to download, install, use and run on Apple-branded iOS devices you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the rgbDesigner Software obtained under a volume or maintenance license. 

5. System Requirements. 

rgbDesigner Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple and Gowtywood Productions. 

 

6. Content and Digital Materials. 

Title and intellectual property rights in and to any content displayed by or accessed through the rgbDesigner Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, (i) this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork or similar assets (“Digital Materials”) contained within, or provided as a part of, the rgbDesigner Software, or otherwise use the Digital Materials outside the context of its intended use as part of the rgbDesigner Software.

 

7. rgbDesigner Generated Content. 

Except as otherwise provided, you may use the rgbDesigner Generated content (“Generated Content”), produced with or otherwise generated with the rgbDesigner Software, on a royalty-free basis, to create your own original content. You may use, sell and/or distribute your own Generated Content created using the rgbDesigner Software, under the condition that you acknowledge that your copyright to this content exists only within the file you have generated and explicitly excludes any copyright to the designs, palettes, gradients or colours contained or expressed within the file. You also acknowledge that you have no right the seek an exclusive copyright or trademark for any generated content and/or design elements expressed within rgbDesigner without explicit written approval from Gowtywood Productions.

8. No Reverse Engineering. 

You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the rgbDesigner Software or any services provided by the rgbDesigner Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the rgbDesigner Software). 

9. Compliance with Laws. 

You agree to use the rgbDesigner Software and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the rgbDesigner Software and Services. 

 

You represent and warrant that you are (i) 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 (ii) not listed on any U.S. Government list of prohibited or restricted parties.

 

10. Third Party Software.

You must comply with applicable third party terms of agreement when using rgbDesigner. In particular, where rgbDesigner provides access to features outside of the core functionality of rgbDesigner as a convenience. For example, the ability to share rgbDesigner generated content to third party applications.

Apple may provide the mechanism for access to certain third party software, features or services as a convenience. To the extent that rgbDesigner contains or provides access to any third party software or services using these mechanisms, Apple has no expressed or implied obligation to provide any technical or other support for such software or services. Where Apple changes the mechanism through which third party software or services are accessed, Gowtywood Productions is under no obligation to support or maintain these changes and may remove access to these third party softwares, features and services at its discretion. 

11. Automatic Updates. 

If you choose to allow automatic app updates, your device will periodically check with Apple for updates and upgrades to rgbDesigner and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at your discretion within the automatic app updates settings found within Settings.

 

12. Maintenance and Support.

 

Gowtywood Productions is solely responsible for providing any maintenance and support services with respect to the Licensed Application or as required under applicable law. You must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

13. WARRANTY.

 NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU. 

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the subscription fee for the Licensed Application and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable. Conformance to any applicable warranty beyond this is the sole responsibility of Gowtywood Productions

.

 

14. Limitation of Liability.

 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

15. Intellectual Property Rights.

You 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 that third party’s intellectual property rights, sole responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims rest with the end-user and Gowtywood Productions, not Apple.

 

16. Product Claims: You acknowledge that Gowtywood Productions, not Apple, are responsible for addressing any claims relating to the Licensed Application or the possession and/or use of the 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, including the use of any Apple frameworks within the Licensed Application.

 

17. Third Party Beneficiary

You, the end user, acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you, the end user, as a third party beneficiary thereof.

 

18. Contact Information

Any questions, complaints or claims with respect to the Licensed Application should be directed to via email to:

 

gowtywood@icloud.com

 

Or in writing to:

 

Gowtywood Productions

163 Bligh St

Warrane TAS 7018

Australia.

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