1. Purpose
These Apple Distributor Requirements supplement the End User License Agreement ("EULA") for the Aurora mobile companion application ("App") when distributed through the Apple App Store. Apple Inc. and its subsidiaries ("Apple") are not a party to the EULA and have no responsibility for the App. The EULA is binding between Nova System Inc. ("Licensor") and you (the "End User"). To the extent the EULA conflicts with the rules set out below, the rules set out below prevail with respect to App Store distribution.
2. Scope of license
The license granted to you for the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and Conditions. Family Sharing or volume purchasing programs may extend this license consistent with Apple's policies.
3. Maintenance and support
Licensor is solely responsible for providing maintenance and support for the App, as described in the EULA. Apple has no obligation whatsoever to provide maintenance and support services with respect to the App.
4. Warranty
Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (where any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor's responsibility.
5. Product claims
Licensor, not Apple, is responsible for addressing any claims relating to the App or your possession and use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of any HealthKit or HomeKit framework (where applicable).
6. Intellectual property rights
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
7. Legal compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address
Direct any questions, complaints, or claims with respect to the App to:
Nova System Inc.
British Columbia, Canada
Email: legal@thenovasystem.com
9. Third-party terms of agreement
You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data services agreement when using the App over a wireless data network).
10. Third-party beneficiary
You and Licensor acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the EULA and these requirements, 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 as a third-party beneficiary.
11. Privacy
Our handling of personal information collected through the App is described in the Privacy Policy. The App requests certain device permissions described in the EULA; you may grant or revoke each permission in your iOS settings.
12. Encryption export compliance
The App uses encryption only in limited and standard ways (HTTPS / TLS, authenticated encryption at rest, platform-provided cryptographic services). The App is not designed to use, develop, or incorporate cryptographic capabilities beyond those commonly considered to make the App eligible for the App Store's exemption from U.S. export compliance reporting obligations, where applicable.
13. Government end users
The App 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.