AVIATION APPS, LLC
END USER LICENSE AGREEMENT
1. Contractual Relationship. This AVIATION APPS, LLC End User License Agreement (this “Agreement”), if accepted, constitutes a binding legal agreement between AVIATION APPS, LLC, a Colorado limited liability company, with a principal place of business located at 251 Stone Pointe Trl, Castle Rock, CO 80109, United States (“AAP”) and the individual or entity agreeing to the terms herein (“you”). This Agreement governs your access to and use of the “FLY VIRGA” mobile application (the “AAP Application”) and will be effective as of the date you click the “I Accept” button below, should you choose to do so (the “Effective Date”).
WARNINGS
The AAP Application is INTENDED TO BE a user generated weather and flight conditions tracking and display application for use by pilots, and other aviation professionals OVER THE AGE OF 18. You assume sole responsibility for any Content, SUCH AS WEATHER AND FLIGHT CONDITIONS you post OR CONTRIBUTE TO THE AAP APPLICATION and you alone are liable for the consequences when you post Content.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AAP APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. YOU ALSO EXPRESSLY AGREE THAT YOU WILL NOT KNOWINGLY POST INACCURATE, FALSE OR MISLEADING CONTENT SUCH AS WEATHER AND FLIGHT CONDITIONS, ON THE AAP APPLICATION.
THIS APPLICATION IS INTENDED TO BE USED ONLY FOR PLANNING AND SITUATIONAL AWARENESS PURPOSES ONLY. YOU MUST PAY ATTENTION TO FLIGHT CONDITIONS AND SITUATIONS AND THIS APPLICATION MAY NOT BE USED WHERE SUCH USE MIGHT INTERFERE WITH THE SAFE OPERATION OF THE AIRCRAFT OR IS PROHIBITED BY APPLICABLE LAW.
Location, FLIGHT, or weather data contributed by you, OR ANY USER OF THE AAP APPLICATION MAY BE USED FOR PLANNING AND SITUATIONAL AWARENESS PURPOSES ONLY AS THIS DATA IS NOT INTENDED FOR AIRCRAFT NAVIGATION OR TO BE RELIED UPON IN SITUATIONS WHERE PRECISE location, FLIGHT, or weather information is needed or where erroneous, inaccurate, time-delayed, or incomplete location, FLIGHT, or weather data may lead to death, personal injury, property or environmental damage, OR VIOLATION OF ANY REGULATIONS OF A CIVIL AVIATION AUTHORITY OR ANY OTHER REGULATORY AUTHORITY.
USE OF ANY Location, FLIGHT, or weather data IS AT YOUR SOLE RISK AND AAP, ITS AGENTS, AND CONTRIBUTORS, MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE DATA AND DISCLAIMS ANY AND ALL LIABILITY THEREFORE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF THE Location, FLIGHT, or weather data OR ANY OTHER THIRD PARTY DATA DISPLAYED BY THE AAP APPLICATION.
THE SELECTION, PURCHASE, MAINTENANCE AND USE OF ANY HARDWARE, SUCH AS A MOBILE PHONE, COMPUTER OR TABLET, AND THIRD PARTY SOFTWARE ON WHICH THIS APPLICATION IS BEING INSTALLED AND HARDWARE AND THIRD PARTY SOFTWARE WITH WHICH THIS APPLICATION MAY BE USED ARE SOLELY YOUR RESPONSIBILITY AND AAP HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY RELATED TO SUCH HARDWARE AND THIRD PARTY SOFTWARE. THIS APPLICATION MAY ALLOW CERTAIN INFORMATION AVAILABLE FROM THIRD PARTY APPLICATIONS OR SERVICES TO BE IMPORTED AND DISPLAYED AND AAP HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY RELATED TO SUCH THIRD PARTY INFORMATION. YOU REPRESENT AND WARRANT THAT YOU ARE FAMILIAR WITH AND THAT YOU WILL COMPLY WITH THE SEPARATE TERMS AND CONDITIONS YOU AGREED TO WITH THE MANUFACTURER OF SUCH HARDWARE AND THIRD PARTY SOFTWARE OR INFORMATION.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS BY CLICKING “I ACCEPT” BELOW YOU CONFIRM YOU ARE AT LEAST 18 YEARS OLD, AND YOUR WILLINGNESS TO BE BOUND THIS AGREEMENT.
2. Scope of License. The AAP Application is licensed, not sold, to you. This license granted to you by AAP for the AAP Application is limited to a nontransferable license to use the AAP Application on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) and/or with Google’s operating system (“Android”) (collectively the aforementioned devices are referred to herein as “Devices”). The license granted to you under this Agreement does not allow you to use an AAP Application on any Devices that you do not own or control, except as may provided in the App Store Terms and Conditions and in the Google Play Terms of Service, whichever is applicable (collectively the “Usage Rules”). Except as provided in the Usage Rules, you may not distribute or make the AAP Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the AAP Application. Except as expressly permitted by the Usage Rules, you may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the AAP Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the AAP Application). Any attempt to do so is a violation of the rights of AAP. If you breach this restriction, you may be subject to prosecution and damages. The terms of this Agreement and the license granted hereunder will govern any updates or upgrades provided by AAP that replace and/or supplement the original AAP Application, unless such upgrade or update is accompanied by a separate license, in which case the terms of that separate license will govern. You further agree to grant AAP a royalty-free, paid-in-full world-wide license to use, display, reproduce, or make derivative works thereof of any content, materials generated or uploaded by you, including, but not limited to: location data, weather data, flight data, flight information and the like, with the aid of the AAP Application, that may be subject to copyrights under the laws of the United States or other competent jurisdictions. This license is expressly condition on your abiding by the Terms and Conditions and other use and privacy policies conspicuously provided to you in the Application. Failure to follow the terms set forth in the Terms and Conditions and other use and privacy policies provided to you will result in a termination of this license by AAP.
3. Intellectual Property Rights. AAP and its suppliers own all intellectual property rights in the AAP Application. The structure, organization and code of the AAP Application are the valuable trade secrets and confidential information of AAP and its suppliers. The AAP Application is protected by law, including but not limited to the copyright laws of the United States of America. This Agreement does not grant you any intellectual property rights in the AAP Application, and all rights not expressly granted in this Agreement are reserved by AAP and its suppliers. The license of the AAP Application permits you to download, install, and use the AAP Application, but only in accordance with the terms of this Agreement. Excluding only data contributed by, or uploaded by you, all of the content featured or displayed in or through the Application, including without limitation, software, code, text, images, graphics, photographs, video and audio, and sound and all trademarks, trade names and trade dress included in the Application are the intellectual property of and owned by AAP or its suppliers. Your use of AAP’s content is governed by this Agreement and applicable worldwide intellectual property laws and treaties. You acknowledge that all elements of the Application are proprietary to AAP or its suppliers and are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the AAP’s Content, or the Application, in whole or in part.
4. Password and Security; Consent to the Use of Data.
The AAP Application may require you to enter a serial number or username/password to access (i) the AAP Application, and/or (iii) to register and create an account. In consideration of the use of the Application and corresponding services, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form, and (b) maintain and promptly update the personal information you provide, if any, to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AAP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AAP has the right to refuse any and all current or future use of the AAP Application and corresponding services (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with your account or password. You agree to (a) promptly notify AAP of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password or any information stored in, or used in conjunction with, the Application; and (b) ensure that you exit from your account at the end of each session. AAP will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
You agree that AAP may collect and use technical data and related information, including but not limited to technical information about your Devices, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the AAP Application. AAP may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Additionally, AAP may, but is not required, to store content records from your use of the AAP Application to further the AAP Application’s features. AAP may or may not provide an option for you access such stored content by password or other means.
5. Termination and Access. The license is effective until terminated by you or AAP. Your rights under this Agreement and the license to use the AAP Application will terminate automatically without notice from AAP if you fail to comply with any term(s) of this Agreement or Terms and Conditions. Upon termination of the license granted hereunder, you shall cease all use of the AAP Application, and shall destroy all copies, full or partial, of the AAP Application. AAP may terminate or temporarily suspend your access to all or any part of the Application, without notice to you, for conduct that AAP believes is a breach of this Agreement or a violation of any policies or guidelines posted by AAP, or for other conduct that AAP believes, in its sole discretion, is harmful to AAP or other users. AAP may discontinue operating the Application or providing you with access to or use of the Application and terminate this Agreement at any time for any reason in its sole discretion. In the event of termination, you will no longer be authorized to access the Application or any digital content uploaded to or stored in conjunction with the Application. You shall cease use of the Application destroy all copies of the Application and/or delete or uninstall the Application. AAP is under no obligation to retrieve or provide any digital content uploaded to or stored in conjunction with the Application to you at any time.
6. External Services and Third-Party Materials. The AAP Application may enable access to AAP’s and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services may require Internet access and use of certain External Services may also require you to accept additional terms. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services, and rely on any information provided therewith, at your sole risk and that neither the AAP nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither AAP nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither AAP nor its agents warrant or endorse and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither AAP, nor its agents, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.
You agree that the External Services may contain proprietary content, information and material that is owned by AAP and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither AAP nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on, or linked to, Devices are not available in all languages or in all countries or regions. AAP makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. AAP reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will AAP be liable for the removal of or disabling of access to any such External Services. AAP may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AAP APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AAP APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE AAP APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AAP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AAP 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 NONINFRINGEMENT OF THIRD-PARTY RIGHTS. AAP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AAP APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE AAP APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AAP APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AAP APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AAP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AAP 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 OR MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AAP 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 OR INABILITY TO USE THE AAP APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF AAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY OR MAY NOT APPLY TO YOU. IN NO EVENT SHALL AAP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. No Exportation or Re-Exportation. You may not use or otherwise export or re-export the AAP Application except as authorized by United States law and the laws of the jurisdiction in which the AAP Application was obtained. In particular, but without limitation, the AAP Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the AAP Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the AAP Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
10. Commercial Items. The AAP Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THE FOLLOWING SUBSECTIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND AAP TO AGREE TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING INDIVIDUAL ARBITRATION.
11.1. Applicability of Arbitration Agreement. You and AAP agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and AAP are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The phrase “all claims and disputes” also includes claims and disputes that arose between you and AAP before the Effective Date of this Agreement.
11.2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
11.3. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and AAP. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and AAP.
11.4.Waiver of Jury Trial. YOU AND AAP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AAP are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and AAP over whether to vacate or enforce an arbitration award, YOU AND AAP WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
11.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in Section 12.
11.6. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
11.7. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor AAP can force the other to arbitrate. To opt out, you must notify AAP in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your AAP Application username, and the email address you used to set up your AAP account (if applicable), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email your opt-out notice to this address: arbitration-opt-out@flyvirga.com.
11.8. Small Claims Court. Notwithstanding the foregoing, either you or AAP may bring an individual action in small claims court.
11.9. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with AAP.
12. Exclusive Venue. To the extent that this Agreement allows you or AAP to initiate litigation in a court, both you and AAP agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to this Agreement or the use of the AAP Application will be litigated exclusively in Colorado state or federal Courts. You and AAP consent to the personal jurisdiction of this court.
13. Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this Agreement or its subject matter.
14. Acknowledgement as to Select Third Parties. You and AAP acknowledge the two of you are the only parties to this Agreement, and that this Agreement does not also constitute any agreement with Apple or Google, regardless of whether the AAP Application is available through the Apple App Store or Google Play, and you confirm your understanding of the corresponding terms and conditions for whichever service is applicable here. You and AAP further acknowledge the following for both Apple and Google: (a) that neither Apple nor Google have any obligation to furnish any maintenance or other support services with respect to the AAP Application; (b) that any potential claims you have resulting from your use of the AAP Application will be directed to AAP, not to Apple or Google, including, but not limited to, product liability claims, any claim that the AAP Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including in connection with the AAP Application’s use of HealthKit and HomeKit frameworks (if applicable); (c) that AAP, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claims regarding the AAP Application; and (d) that Apple and Google are third party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this agreement, Apple and Google will both have the right (and will be deemed to have accepted the right) to enforce this Agreement against you, as third party beneficiaries of this Agreement.
15. Miscellaneous Terms.
15.1. Assignment. You may not assign any part of this Agreement without the prior written consent of AAP. Any attempt by you to assign this Agreement is void. AAP may assign this Agreement.
15.2. No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver.
15.3. Severability. If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force and effect.
15.4. Entire Agreement. This Agreement is the entire agreement between you and AAP relating to the license of the AAP Application, and it supersedes any prior or contemporaneous agreements on that subject.