Our Lawyer

MOBILE APPLICATION END USER LICENSE AGREEMENT

From the desk of our Lawyer

We know that nobody really reads these, so we’ll break it down for you. Despite all the legal talk and restrictions below, we at Madcap Logic want you to enjoy our four App versions of ‘Creativity Express'. We really do. We hope you and your children explore, learn, and create. Here’s what you can’t do: use these Apps to teach any kind of group or class either through projection or sharing unless every child has purchased the App(s) for their device(s). We have other full feature versions of Creativity Express that are specifically licensed for school use; visit us at MADCAPLOGIC.COM or email us at INFO@MADCAPLOGIC.COM for information.

Why should you care? You may not think it matters, but if you cheat on licensing terms you put creative people out of business. That goes for music and movies too. If you want to continue to enjoy our work and allow us to produce more content, you need to play by the rules. It’s that simple.

PLEASE READ THIS END USER SOFTWARE LICENSE AGRREMENT (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING A 'CREATIVITY EXPRESS' MOBILE APPLICATION (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGRREING TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.

  • 1. General. The Application is licensed, not sold, to You by Madcap Logic, LLC (the “Company”) for use strictly in accordance with the terms and conditions of this License, and any “usage rules” established by any other third party usage rules or terms of use, such as Apple Inc. and other such vendors (“Usage Rules”), which are incorporated herein by this reference. The term “Application” shall refer to and consist of the following: (i) the mobile software application accompanying this License, including, but not limited to, software code, scripts, interfaces, graphics, displays, animations, video, music, any non-public domain images and photographs, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection(i); and (iii) any specific website the Application directs you to via any browser located on an iPad or other such mobile device (“Mobile Device”).
  • 2. License Grant and Restrictions on Use.
    • 2.1 License Grant. Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a Mobile Device owned and controlled by You, and to access and use the Application on any iPad touch that You own or control as permitted by the Usage Rules set forth in the App Store Terms of Service and strictly in accordance with the terms and conditions of this License.
    • 2.2 Restrictions on Use. You shall use the Application strictly in accordance with the terms of the App Store Terms of Service and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules, or regulations in connection with Your access or use of the Application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) create derivative works based upon the application or use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way or a substitute for any services, product, or software offered by the Company; (g) allow access to the Application by anyone other than an Authorized User or otherwise commercially exploit the Program; (h) use the Application to send automated queries to any website or to send any unsolicited commercial email; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
  • 3. Intellectual Property Rights.
    • 3.1 Rights to Application. The Program and software contained herein is protected by United States copyright laws and International Copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution is subject to civil and criminal penalties. All title, trademarks and copyrights in and to the Program, including but not limited to any animations, video, music, text, and any non-public domain images and photographs, and any printed materials accompanying the Application are owned by Madcap Logic, LLC. All copying of the materials, images or text in the Application is strictly prohibited unless specifically noted. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors, and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.
    • 3.2 Third Party Software. The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event shall the Application or components thereof be deemed “open source” or “publicly available” software.
    • 3.3 Company’s Marks. All registered and/or unregistered trademarks and/or service marks used or referred to in this Application are the property of Madcap Logic, LLC, unless otherwise noted. You may not use, copy, reproduce, publish, upload, post, transmit, distribute, or modify these marks without Madcap Logic’s prior permission. You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
  • 4. Restriction on Transfer. You may not copy, rent, lease, lend, sublicense, distribute or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
  • 5. Use of Information.
    • 5.1 Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to Company and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and non-proprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
    • 5.2 Privacy Policy. You represent that You shall comply with the terms and conditions of the Company Privacy Policy, which sets forth and describes the practices of Company with respect to the collection, use and disclosure of Information in connection with Your use of the Application. Company reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. Company will post changes to its Privacy Policy at the web address set forth in the preamble to this license. Your use of the Application following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.
  • 6. Term and Termination.
    • 6.1 Term. This License shall be effective until terminated.
    • 6.2 Termination. Company may, in its sole and absolute discretion, at any time and for no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this license and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company. Upon termination of this License, You shall cease all use of the Application and uninstall the Application.
  • 7. Disclaimer of Warranties. You acknowledge that the application is provided on an ‘as-is’ and ‘as-available’ basis, and that your use of or reliance upon the application is at Your sole discretion. Company and its affiliates, partners, suppliers and licensors hereby disclaim any and all representations, warranties and guaranties regarding the application, whether express, implied or statutory, and including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, Company and its affiliates, partners, suppliers and licensors make no warranty that (I) the application will be uninterrupted, accurate, reliable, timely, secure or error-free; (III) The quality of any information or other material accessed or obtained by You through the application will be as represented or meet Your expectations; (IV) any errors in the application will be corrected. No advice or information, whether oral or written, obtained by You from Company or the application shall create any representation, warranty or guaranty. Furthermore, You acknowledge that Company has no obligation to correct any errors or otherwise support or maintain the application.
    • In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application,
  • 8. Limitation of Liability. Under no circumstances shall Company or its affiliates, partners suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with Your access to or use or inability to access or use the application whether or not the damages were foreseeable and whether or not the Company was advised of the possibility of such damages. Without limiting the generality of the foregoing, Company’s aggregate liability to You (whether under contract, tort, statute, or otherwise) shall not exceed he amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above statement remedy fails of its essential purpose.
  • 9. Indemnification. You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in conjunction with the following: (i) Your access to or use or the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
  • 10. Compatibility. Company does not warrant that the Application will be compatible or interoperable with your mobile device or any piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your Mobile device to diminish or fail completely, and may result in permanent damage to Your Mobile device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Company and its affiliates, partners, suppliers, and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
  • 11. Product Claims. You acknowledge that You (not Company, its Affiliates, Licensors or Suppliers) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Company from any liability resulting from Your use or possession of the Application, including, without limitation, the following; (i) any product claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
  • 12. Miscellaneous.
    • 12.1 Governing Law This Agreement will be governed by the laws of the State of Florida in the United States of America, without regard to or application of conflicts of law rules or principles. The Federal and District Courts sitting in the State of Florida and the State Courts located in Hillsborough County shall have sole jurisdiction over any disputes arising hereunder and the parties hereby submit to the personal jurisdiction of such courts. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
    • 12.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
    • 12.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
    • 12.4 Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (x) located in any 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, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entry List. You also agree that you will not use the Application for any purposes prohibited by United States law.
    • 12.5 Modification or Amendment. Company may modify or amend the terms of this License by posting a copy of the modified or amended License on the Company Application EULA website. You will be deemed to have agreed to any such modification of amendment by Your decision to continue using the Application following the date in which the modified or amended License is posted on the Company Application EULA website.
    • 12.6 Survival. The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2.2, 3, 4, 5, 6, 7, 8, 9, 11, and 12.
    • 12.7 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
  • 13. Third Party Beneficiary: You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s 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 the end-user as a third party beneficiary thereof.
  • 14. Contacting Madcap Logic. You may contact Madcap Logic directly via e-mail at info@madcaplogic.com or by regular mail at P.O. Box 320905, Tampa, Florida, 33679-2905 with any questions or comments you may have. Madcap Logic may use any information you provide to prioritize its development needs, improve this Application, and assist you.

C©opyright 2007-2013, MADCAP LOGIC, LLC. All Rights Reserved. Madcap Logic, Creativity Express, sayART, seeART, and doART are registered trademarks of Madcap Logic, LLC in the United States. Madcap Logic and Creativity Express are Trademarks of Madcap Logic, LLC in Canada and Australia; Madcap Logic, Creativity Express, Tickles and Furnace are registered trademarks of Madcap Logic, LLC in the European Union.