The confusion lies in the fact that both agreements deal with the concept of use. However, each address is used differently. Add the developer`s name, physical address, and some contact information, such as .B. an email address or phone number to which end users can direct questions, complaints, or complaints. Add a clause informing End Users that Apple, as a third-party beneficiary of the EULA, has the right to enforce its terms against End User if necessary. The terms of the Fruit Ninja Game License Agreement are included in this User Agreement: If the comparisons in the EULA agreements and their clauses described above mean anything, it is necessary to tailor the agreement to your industry and the functionality of your iOS application. The EULA allows users to know that not only the NBA`s rights are covered by the EULA, but also the rights of “Turner Digital Basketball Services, Inc., NBA Media Ventures, LLC, NBA TV, LLC, NBA Properties, Inc and Sprint and their respective current, former and future parent companies, ultimate parent companies, subsidiaries and affiliates and affiliates”, etc. Ask questions and find answers from Apple engineers and others. Developers. This is due to the nature of EULAs: these agreements are more about what a user can`t do with the app than what users are allowed to do with it. For example, if you have a VoIP application, the end user must not violate their wireless data services contract when using your application. Your custom EULA must inform End Users that the agreement is solely between them and you and not with Apple. If an app has its own EULA as an iOS user, you can find it on the developer`s website or as a separate link on the app`s profile page.
Some developers prefer to pay more attention to their EULA agreements than others. Inform end users that the license they receive is limited, revocable, and non-transferable, and may only be used on Apple devices that the user owns and controls, and only under the Apple App Store Terms of Service. This type of legal agreement may include rules and guidelines on security issues, definitions of abusive behavior, and other elements specific to the functionality of your mobile app. Therefore, the NBA`s license agreement is written to include all of this intellectual property, including the app itself. h. The Licensed Application and related documentation are “commercial elements” within the meaning of 48 C.F.R. §2.101, consisting of “commercial computer software” and “commercial computer software documentation” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202.
Pursuant to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as the case may be, commercial computer software and commercial computer software documentation are licensed to U.S. government end users (a) only as commercial items and (b) only with the rights granted to all other end users under the terms and conditions contained herein. Unpublished rights reserved under U.S. copyright laws. Discussing use as part of a terms and conditions agreement covers topics such as. B what types of emission streams or data users can access. You must acknowledge that Apple has no obligation to provide maintenance or support for your Application and to notify users when you provide support.
For example, in the case of streaming shows, the terms and conditions tell the user what they can access, but the EULA agreement states that they cannot make that show available in a location other than this app. However, you`ll notice more details and clauses in the license agreement as the NBA owns copyrights and trademarks, as well as various intellectual property, including game streaming rights, uniform designs for players, web services, apps, and other elements that set it apart from other basketball leagues. Apple`s “Limitation of Liability” clause lists all causes of action, including personal injury and business damage, as consequences not covered by the app developer, who uses the standard contract instead of a custom agreement. One. Scope of License: Licensor grants you a non-transferable license to use the Licensed Application on all Apple-branded products that you own or control and to the extent permitted by the Usage Rules. The terms of this standard EULA govern any content, materials or services accessible through the Licensed Application or purchased in the Licensed Application, as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a custom EULA. Except as provided in the Usage Rules, you may not distribute or make available the Licensed Application over a network where it can be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application, and if you sell your Apple Device to a third party, you must first remove the Licensed App from the Apple Device. You may not copy the updates or portions thereof (except to the extent permitted by this License and the Terms of Use), reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Licensed Application (except to the extent that any of the foregoing restrictions are prohibited by applicable law, or to the extent permitted by the License Terms for the use of the Open Source Components, which are included in the license, is permitted). Licensed application).
. . .