Bloomberg Connects app license agreement
LAST UPDATED: September 05, 2019
BLOOMBERG CONNECTS APP TERMS AND CONDITIONS
Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.
1. USE OF THE BLOOMBERG CONNECTS APP
This agreement (“Agreement”) is entered into between you (“You”) and Bloomberg Philanthropies Support LLC (“Bloomberg Philanthropies”). Subject to the terms and conditions of this Agreement, You are hereby granted the non-transferable right to use this BLOOMBERG CONNECTS™ application (“Bloomberg Connects App”) on Apple, Inc.-branded (“Apple”) devices (“Authorized Device”) solely for personal, non-commercial purposes.
You may not use the Bloomberg Connects App in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Bloomberg Philanthropies’ services; (ii) any other party’s use and enjoyment of Bloomberg Philanthropies’ services; or (iii) the services and products of any third parties (including, without limitation, the Authorized Device or Apple). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Bloomberg Connects App, including, without limitation, any usage rules set forth by Apple in its online application store terms of service.
From time to time, Bloomberg Philanthropies may automatically check the version of Bloomberg Connects App installed on the Authorized Device and, if applicable, provide updates for the Bloomberg Connects App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Bloomberg Connects App. By installing the Bloomberg Connects App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Bloomberg Connects App and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Bloomberg Philanthropies reserves the right to temporarily disable or permanently discontinue any and all functionality of the Bloomberg Connects App at any time without notice and with no liability to you.
For the avoidance of doubt, this Agreement is solely between Bloomberg Philanthropies and You. Apple (a) is a third party beneficiary of this Agreement; and (b) is not (i) liable for any third party claims that may be brought solely in connection with the Application; or (ii) obligated to provide any support service or maintenance in connection with the Application.
The Bloomberg Connects App may collect and archive device and other information regarding your use of the Bloomberg Connects App (“Use Information”) to provide the Bloomberg Connects App and measure and improve performance of the Bloomberg Connects App, including through use of Firebase. Use Information may be stored and processed in the United States and other countries around the world that may not guarantee the same level of protection for such information as your country. This information may be shared with the cultural institution that you are visiting. To find out more about the cultural institution’s information practices, please visit their website. By using the Bloomberg Connects App, you consent to the transfer and the processing of this information outside of your country.
3. PROPRIETARY RIGHTS
You hereby acknowledge that Bloomberg Philanthropies owns all rights, titles and interest in and to the Bloomberg Connects App and to any and all proprietary and confidential information contained therein (“Bloomberg Philanthropies Information”). The Bloomberg Connects App and Bloomberg Philanthropies Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Bloomberg Connects App or otherwise attempt to derive source code from the Bloomberg Connects App; (ii) copy, distribute, transfer, sell or license the Bloomberg Connects App; (iii) transfer the Bloomberg Connects App to, or use the Bloomberg Connects App on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Bloomberg Connects App; (v) use the Bloomberg Connects App to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Bloomberg Philanthropies’ (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Bloomberg Connects App.
Content made available through the Bloomberg Connects App (“Content”) is protected by applicable intellectual property rights and is the property of Bloomberg Philanthropies, its third party licensors and partners (as applicable), and other entities that provide such content to Bloomberg Philanthropies. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Bloomberg Connects App hereunder. Bloomberg Philanthropies and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.
4. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the Bloomberg Connects App except as authorized by United States law and the laws of the jurisdiction in which the Bloomberg Connects App was obtained. In particular, but without limitation, the Bloomberg Connects App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Bloomberg Connects App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You may terminate this Agreement at any time by permanently deleting the Bloomberg Connects App in its entirety from the Authorized Device, whereupon (and without notice from Bloomberg Philanthropies) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of this Agreement, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Bloomberg Connects App from the Authorized Device.
Sections 3, 4, 6, 7, 8, 9, 10, and 11 of this Agreement shall survive any termination or expiration of this Agreement.
You agree to hold harmless and indemnify Bloomberg Philanthropies and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the Bloomberg Connects App or your violation of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Bloomberg Philanthropies will provide you with written notice of such claim, suit or action.
8. DISCLAIMER OF WARRANTIES
THE BLOOMBERG CONNECTS APP IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMBERG PHILANTHROPIES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE BLOOMBERG CONNECTS APP IS AT YOUR SOLE RISK. BLOOMBERG PHILANTHROPIES SHALL NOT BE OBLIGATED TO PROVIDE YOU WITH ANY MAINTENANCE OR SUPPORT SERVICES IN CONNECTION WITH THE BLOOMBERG CONNECTS APP.
BLOOMBERG PHILANTHROPIES MAKES NO WARRANTY (I) THAT THE BLOOMBERG CONNECTS APP WILL MEET YOUR REQUIREMENTS; (II) THAT THE BLOOMBERG CONNECTS APP WILL BE ERROR-FREE; (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE BLOOMBERG CONNECTS APP; AND (IV) THAT ANY ERRORS IN THE BLOOMBERG CONNECTS APP WILL BE CORRECTED.
ANY CONTENT OR MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE BLOOMBERG CONNECTS APP IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AUTHORIZED DEVICE (OR ANY OTHER DEVICE) OR ANY LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH CONTENT OR MATERIAL.
THE BLOOMBERG CONNECTS APP IS NOT INTENDED FOR USE IN ANY ACTIVITIES DURING WHICH THE FAILURE OF THE BLOOMBERG CONNECTS APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOOMBERG PHILANTHROPIES OR THROUGH THE BLOOMBERG CONNECTS APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLOOMBERG PHILANTHROPIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLOOMBERG PHILANTHROPIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE BLOOMBERG CONNECTS APP; (II) THE INABILITY TO USE THE BLOOMBERG CONNECTS APP TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE BLOOMBERG CONNECTS APP. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
10. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND BLOOMBERG PHILANTHROPIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. ENTIRE AGREEMENT; REVISIONS TO AGREEMENT
Bloomberg Philanthropies may, from time to time, modify this Agreement. Such modifications shall be effective as soon as the modified version of this Agreement is posted in Apple’s App Store or any other authorized Bloomberg Connects App distribution location. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version of this Agreement in Apple’s online application store or any other authorized Bloomberg Connects App distribution location. Your use of Bloomberg Connects App following such changes constitutes Your acceptance of the revised version of the Agreement in Apple’s App Store or any other authorized Bloomberg Connects App distribution location.
12. MISCELLANEOUS PROVISIONS
This Agreement and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of New York State, without reference to its conflict-of-laws principles. The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of New York State with respect to any legal proceedings related to this Agreement, and waive any objection to the propriety or convenience of venue in such courts. This Agreement is the complete and exclusive statement of the agreements between the parties with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto. The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement. If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Bloomberg Connects App or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience only and have no legal or contractual effect.