Subject to the terms of this EULA, BAU grants to you a limited, nontransferable, and nonexclusive license (without the right to sublicense) to execute the Application, in executable object code form only, solely (a) on a device that you own or control, and (b) for your use of the BAU Service, in each case for your personal, non-commercial, or educational purposes. The Application is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party, (b) copy or use the Application for any purpose other than as permitted in Section 1, or (c) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application.
The Application and all worldwide copyrights, trade secrets, and other intellectual property rights therein, are the exclusive property of BAU and its licensors. BAU and its licensors reserve all rights in and to the Application not expressly granted to you in this EULA.
TERM AND TERMINATION.
This EULA and the license granted hereunder are effective on the date you first download the Application and shall continue unless this EULA is terminated. This EULA will terminate automatically without notice from BAU if you fail to comply with any terms of this EULA. You may terminate this EULA effective immediately upon written notice to BAU. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Application, but the terms of Sections 2 and 3 through 10 (inclusive) will remain in effect after any such termination.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BAU PROVIDES THE APPLICATION “AS-IS” AND AS TO YOU DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. BAU DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE APPLICATION. BAU MAKES NO WARRANTY THAT THE APPLICATION WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) BAU WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE APPLICATION OR THIS EULA, EVEN IF BAUHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) BAU’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE APPLICATION AND THIS EULA, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL AT ALL TIMES BE LIMITED TO FIVE THOUSAND NAIRA (N5,000). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. BAU DISCLAIMS ALL LIABILITY OF ANY KIND OF BAU’S SUPPLIERS.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. BAU may freely assign this EULA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. Any notice to you may be provided by email to the address you have registered with BAU. BAU will have no responsibility to provide maintenance or support services with respect to the Application. If any provision of this EULA is unenforceable, such provision will be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by BAU will be effective only if in writing. Any waiver or failure by BAU to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Application contains valuable trade secrets and proprietary information of BAU, that any actual or threatened breach of Section 2 of this EULA will constitute immediate, irreparable harm to BAU for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. This EULA and the Terms constitute the final, complete, and exclusive agreement between the parties regarding the Application and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
We may amend this EULA from time to time. If we make material changes to this EULA, we will notify you by posting the change on the BAU Service or sending you an e-mail at your primary email address, as specified in your Account. Any changes to this EULA will be effective immediately for new users of our Application; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on the Services. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes. Continued use of our Application following notice of such changes shall indicate your acknowledgement of, and EULA to be bound by, such changes. Except as otherwise provided in this EULA, no amendment to this EULA will be valid unless in a writing hand-signed by the parties.
QUESTIONS OR ADDITIONAL INFORMATION.
If you have questions regarding this EULA, or wish to obtain additional information, please send an e-mail to [email protected]
THIRD PARTY TERMS OF AGREEMENT:
You must comply with applicable third party terms of agreement when using the Application.
THIRD PARTY BENEFICIARY:
BAU and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.