END USER LICENSE AGREEMENT
Last updated October 26,2023
TennisScope is licensed to You (End-User) by Carrostic Inc., located and registered in Canada
("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ( "App Store" ) and Google's
software distribution platform ( "Play Store" ) , and any update thereto (as permitted by this License
Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement,
and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as
"Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and
are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof. Carrostic Inc., not the Services, is solely responsible for the
Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the
latest
Apple Media Services Terms and Conditions and
Google Play
Terms of Service ( "
Usage Rules" ). Carrostic Inc. acknowledges that it had the
opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
TennisScope when purchased or downloaded through the Services, is licensed to You for use only under the terms of
this License Agreement. The Licensor reserves all rights not expressly granted to You. TennisScope is to be used
on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system
("Android") .
TABLE OF CONTENTS
1. THE APPLICATION
CarrosticApp ("Licensed Application") is a piece of software created to ... .
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the
Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed
Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the
exception that such Licensed Application may be accessed and used by other accounts associated with You
(End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace,
repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update,
in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed
by the Usage Rules, and with Carrostic Inc. 's prior written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any
part thereof (except with Carrostic Inc. 's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the
Licensed Application or portions thereof. You may create and store copies only on devices that You own or control
for backup keeping under the terms of this license , the Usage Rules, and any other terms and conditions that
apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that
no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third
party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to
prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed
Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of
the firmware and new hardware. You are not granted rights to claim such an update.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
>4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed
Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for
this Licensed Application.
4.2 Carrostic Inc. and the End-User acknowledge that the Services have no obligation whatsoever to furnish
any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and
Your personal information, and that Licensor's use of such material and information is subject to Your legal
agreements with Licensor and Licensor's privacy policy :
https://carrostic.com/privacy/ .
You acknowledge that the Licensor may periodically collect and use technical data and related information about
your device, system, and application software, and peripherals, offer product support, facilitate the software
updates, and for purposes of providing other services to you (if any) related to the Licensed Application.
Licensor may also use this information to improve its products or to provide services or technologies to you, as
long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application,
including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions" ). Contributions may be viewable by other
users of the Licensed Application and through third-party websites or applications. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses , rights, consents, releases, and permissions
to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License
Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous , slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License
Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result
in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the
Licensed Application by linking your account from the Licensed Application to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or
otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant
and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use
of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed
Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according
to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of
the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are
aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other
malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the
user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been
unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware
or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are
any other reasons outside of Carrostic Inc. 's sphere of influence that affect the executability of the
Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Carrostic Inc. about issues discovered without delay by email provided in
Contact
Information . The defect report will be taken into consideration and further investigated if it has been
emailed within a period of __________ days after discovery.
9.4 If we confirm that the Licensed Application is defective, Carrostic Inc. reserves a choice to remedy
the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify
the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum
extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever
with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs
attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation
amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory
periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Carrostic Inc. and the End-User acknow ledge that Carrostic Inc. , and not the Services, is
responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or
the End-User’s possession and/or use of that 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 in connection with
Your Licensed Application’s use of the HealthKit and HomeKit .
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or
that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on
any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Carrostic Inc.
support@carrostic.com
13. TERMINATION
The license is valid until terminated by Carrostic Inc. or by You. Your rights under this license will
terminate automatically and without notice from Carrostic Inc. if You fail to adhere to any term(s) of this
license . Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies,
full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Carrostic Inc. represents and warrants that Carrostic Inc. will comply with applicable third-party
terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement,"
both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License
Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google
will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement
against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Carrostic Inc. and the End-User 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 on the third party's
intellectual property rights, Carrostic Inc. , and not the Services, will be solely responsible for the
investigation, defense , settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of Canada excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions
shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the
primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause
can only be waived in writing.