Parametric Equalizer-Sound Meter-Karaoke Easy Listening Player- iPhone Apps

End User License Agreement Statement

IMPORTANT - READ THE TERMS OF THIS AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE PURCHASING AND/OR INSTALLING AURALWARE IOS APPS. BY INSTALLING OR USING AURALWARE IOS APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND UNCONDITIONALLY BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PLEASE DO NOT PURCHASE AND INSTALLING AURALWARE IOS APPS. Last updated on Sept 4th, 2024.

AuralWare,LLC (collectively, “AuralWare“,“us”,“Us“,“our”,“Our“,“we” or "We") provides varitety of IOS apps (this “Product”). These Terms of Service (this “Agreement”) set forth the legally binding terms for your use of the Product.
By using Product, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use Product.This Agreement is the final, complete and exclusive agreement of you and us with respect to the subject matters hereof (including the Product) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters.

1. Overview
1.1 Apps may provide features including locations, audio & video streaming, messaging. 1.2 Account sign-up including third party account sign-in applications. 1.3 Future In-App Purchases Option. We may, from time to time, offer services that users may purchase and use within apps (the “In-App Products”). We reserve the right to revise the pricing for In-App Products at any time without notice to you, and you agree that all sales of In-App Products are final and we are not required to provide a refund for any reason, including termination of this Agreement, which will result in you being unable to continue to use your purchased In-App Products.

2. End User License Agreement 2.1 License to Product. Subject to the terms of this Agreement, We grants you a non-transferable, non-exclusive, revocable license to download, install and use one copy of Product on a mobile device or a tablet, which natively executes an local chat operating system supported by the Product. 2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Product; (b) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Product, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you will not execute Product on an emulator or on any device other than a Permitted Device and you will not access the Product in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Product may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove or destroy any copyright notices or other proprietary markings contained on or in the Product. Any future release, update, or other addition to functionality of the Product will be subject to the terms of this Agreement. 2.3 Local Laws. AuralWare makes no representation that the Product is appropriate for use in locations other than US. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Product contrary to any applicable law is prohibited. 2.4 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Product or any part thereof with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Product or any part thereof. 2.5 Ownership. The Product provided to you are licensed to you and not sold.AuralWare owns all right, title and interest, including all related intellectual property rights, in and to the Product, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Product. The Logo, and the product name associated with the Product belong to AuralWare, and no right or license is granted to use them by implication, estoppel or otherwise. AuralWare reserves all rights not granted in this Agreement.

3. User Content 3.1 User Content. “User Content” of a user means any and all content that such user transmits or otherwise uses with the Product, and includes: (a) the video & audio contents and messages that you send to one or more Product users, and (b) your Chat Profile. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Auralware. You are solely responsible for creating backup copies of your User Content if you desire. 3.2 Suggestions. If you provide AuralWare with any suggestions or comments, you hereby assign to AuralWare all rights in the Suggestions and agree that AuralWare will have the right to use such Suggestions and related information in any manner it deems appropriate. AuralWare will treat any Suggestions you provide to AuralWare as non-confidential and non-proprietary. You agree that you will not submit to AuralWare any information or ideas that you consider to be confidential or proprietary. 3.3 Acceptable Use Policy. The following sets forth AuralWare's' “Acceptable Use Policy”: (i) You agree not to use the Product to distribute, or otherwise use any User Content and Chat Profile content: (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that will require that AuralWare to obtain any third party licenses, permissions or consents in connection with the using the User Content in a manner contemplated by this agreement; (c) that is tortious, trade libelous, defamatory, false, intentionally misleading, or that impersonates any other person or entity; (d) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (e) that is harmful to minors in any way; (f) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (g) that violates of any law, regulation, or contractual obligations. Note that there is no tolerance with regarding to any user's' objectionable content and thus the Product provides a safeguard allowing any host to block any other objectional abusive user(s) permanently by disabling the objectionable user(s) from host chatting room and also making host user invisible to objectional user(s). User can also filter out individual chat item. (ii) You agree not to use the Product to: (a) collect information or data regarding other users, including contacts, without their consent; or (b) interfere with another user’s use and enjoyment of the Product. 3.4 Copyright Policy. In connection with our Product, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that there is unlawfully infringing the copyright(s) from Product, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided : (1) your physical or electronic signature; (2) identification of the material on our services that you claim is infringing and that you request us to remove; (3) sufficient information to permit us to locate such material; (4) your address, telephone number, and e-mail address; (5) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney fees incurred by us in connection with the written notification and allegation of copyright infringement. Please send the written notification to support@auralware.com with subject "Copyright Material"

4.Term and Termination 4.1 This Agreement commences on the date you accept this Agreement and will remain in full force and effect while you use the Product, unless earlier terminated in accordance with this Agreement. 4.2 Notwithstanding the forgoing, if you used the Product prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commences on the date you first use the Products (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use the Product, unless earlier terminated in accordance with this Agreement.

5.Indemnity You agree to defend, indemnify and hold harmless AuralWare from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys fees) brought by third parties resulting from or relating to: (i) your use of the Product; (ii) your User Content; or (iii) your violation of this Agreement. AuralWare reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AuralWare and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of AuralWare. AuralWare will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. Users 6.1 User Content. The Product does contain generated User Content provided by other users of the Product (e.g. messages and other content). AuralWare is not responsible for and does not control User Content. Auralware has no obligation to approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. If you use the Product to share video/audio content and messages and/or content, AuralWare is not responsible for any users’ subsequent use or disclosure of your messages and/or content. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that AuralWare will not be responsible for any liability incurred as the result of any such interactions. 6.2 User Right. The product does contain option to allow a user to block or filter out any other user from participating in a chat session for what-ever reason deemed appropriated by the user. Note: (i) A blocked user has its chat profile hidden and instead, an ID in place of user name for sufficient identification purpose if possible; or (ii) a blocked user can be reinstated back anytime by the originator. Note:User does have the option to send a report to AuralWare about objectional content. AuralWare, in its capacity,will analyze the offensive content included in the report. If AuralWare concludes that user content is indeed severly inappropriated, AuralWare will work with Apple Store to warn or block the offensive user from using the Product. 6.3 Release. You hereby irrevocably and unconditionally release and forever discharge AuralWare from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, Product or other users of the Product.

7. Disclaimers 7.1 PRODUCT IS PROVIDED “AS-IS” AND AS AVAILABLE AND AURALWARE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. AURALWARE MAKE NO WARRANTY THAT THE PRODUCT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. 7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation on Liability 8.1 IN NO EVENT SHALL AURALWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT and PRODUCT, EVEN IF AURALWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE AND/OR TABLET DEVICE OR LOSS OF DATA RESULTING THEREFROM. 8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AURALWARE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRODUCT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE US DOLLARS ($1). 8.3 SOME JURISDICTIONS DO NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DAMAGES DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. General 9.1 Changes to this Agreement. This Agreement is subject to occasional revision, and if we make any material changes, we will update this Terms of Service here as required by law. Any changes to this Agreement will be effective 10 calendar days following our posting date here. Any material changes to Section 9.4 (Dispute Resolution) below, including changes to, or deletion of, that Section, will not apply to any claim(s) that you notified AuralWare of in writing before the effective date of the change. However, any changes will be effective immediately for new users of our Product. Continued use of our Product following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this policy from time to time to ensure you are aware of any changes. 9.2 Notice. Any notice provided to AuralWare pursuant to this Agreement should be email to support@auralware.com. 9.3 Governing Law. This Agreement will be governed by the laws of California, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within California, USA for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 9.4 Resolution of Disputes. (a) Mandatory Arbitration. Any dispute or claim between you and Auralware relating to or arising out of the Product or this Agreement (including disputes about the interpretation of this clause and the arbitrability of the dispute), will be referred to and determined exclusively through binding arbitration conducted in Mission Viejo, California, USA, or such other location as may be determined by the arbitrator, on an individual basis, before a single arbitrator and in accordance with the applicable California arbitration statute. However, you and AuralWare may take claims to small claims court in Mission Viejo, California, Canada if the dispute qualifies for hearing by such a court. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. You and AuralWare also agree that: (i) you and AuralWare will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator; (ii) the arbitrator may, in making an award regarding the costs of the arbitration, consider whether the costs of the arbitration are cost prohibitive as compared to the cost of litigating in a court, and based on such a finding, require AuralWare to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, than might otherwise be the case, in which case AuralWare will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost-prohibitiveness; (iii) AuralWare also reserves the right, in our sole and exclusive discretion, to assume responsibility for all of the costs of the arbitration; (iv) the arbitrator will honor claims of privilege and privacy recognized at law; (v) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (vi) the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction. (b) Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. (c) Right to Opt Out. You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to the email listed in Section 9.2 (above). If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or AuralWare. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THIS AGREEMENT. (d) Mandatory Forum Selection . If for any reason a claim proceeds in court rather than in arbitration, you and AuralWare agree that the claim will be brought exclusively in courts located in Mision Viejo, California, USA (including County and the Federal Court). You and AuralWare expressly consent to the exclusive jurisdiction of, and waive any and all objections to venue or jurisdiction in, the courts in Mision Viejo, California, USA for such purpose. However, you or AuralWare may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction 9.5 Miscellaneous. If, in any jurisdiction, any provision of this Agreement or its application to any party or circumstances is, for any reason, held to be restricted, prohibited, invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be, as to such jurisdiction, ineffective only to the extent of such restriction, prohibition, invalidity or unenforceability and without affecting the validity or enforceability of such provision in any other jurisdiction or without affecting its application to other parties or circumstances. This Agreement is the final, complete and exclusive agreement between you and AuralWare with respect to the subject matters hereof (including the Product) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. Your relationship to AuralWare is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without AuralWare’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. AuralWare may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement will be binding upon assignees. The communications between you and AuralWare use electronic means, communicates with you via email. For contractual purposes, you: (1) consent to receiving communications from AuralWare in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AuralWare provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

10. Apple Application Provider Additional Terms and Conditions The following additional terms and conditions apply to you if you are using a copy of Product that was downloaded from Apple iTunes. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to copies of Product downloaded from Apple iTunes. 10.1 Acknowledgement: AuralWare and you acknowledge that this Agreement is concluded between AuralWare and you only, and not with Apple, and AuralWare, not Apple, is solely responsible for Product and the content thereof. To the extent this Agreement provides for usage rules for Product that are less restrictive than the Usage Rules set forth for Product in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies. Capitalized terms used in this Section 10 that are not defined in this Agreement will have the meaning set out in Apple’s App Store Terms of Service. 10.2 Scope of License: The license granted to you for Product is limited to a non-transferable license to use Product on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. 10.3 Maintenance and Support: AuralWare is solely responsible for providing any maintenance and support services with respect to Product, as specified in this Agreement (if any), or as required under applicable law. AuralWare and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Product. 10.4 Warranty: AuralWare 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 Product to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for Product to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AuralWare’s sole responsibility. 10.5 Product Claims: AuralWare and you acknowledge that AuralWare, not Apple, is responsible for addressing any claims of you or any third party relating to Product or your possession and/or use of Product, including, but not limited to: (i) product liability claims; (ii) any claim that Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit AuralWare’s liability to you beyond what is permitted by applicable law. 10.6 Intellectual Property Rights: AuralWare and you acknowledge that, in the event of any third party claim that Product or your possession and use of Product infringes that third party’s intellectual property rights, Product, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 10.7 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. 10.8 Developer Name and Address: AuralWare contact information for any end-user questions, complaints or claims with respect to Product is set forth in Section 9. 10.9 Third Party Beneficiary: AuralWare and you acknowledge and agree that Apple, and Apple subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.