Terms of Use & EULA

This End User License Agreement ("Agreement") is between you and Marine Surveyor ToolKit and governs use of this app made available through the Apple App Store. By installing the Marine Surveyor ToolKit App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Marine Surveyor ToolKit App.

1. Parties

This Agreement is between you and Marine Surveyor ToolKit only, and not Apple, Inc. ("Apple"). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that Apple has the right to enforce this Agreement against you. Marine Surveyor ToolKit, not Apple, is solely responsible for the Marine Surveyor ToolKit App and the content thereof.

2. Scope of License

Marine Surveyor ToolKit grants you a limited, non-exclusive, non-transferrable, revocable license to use the Marine Surveyor ToolKit App for your personal, non-commercial purposes (or commercial purposes inherent to conducting marine surveys). You may only use the Marine Surveyor ToolKit App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

3. Maintenance & Support

Marine Surveyor ToolKit is solely responsible for providing any maintenance and support services with respect to the Marine Surveyor ToolKit App, as specified in this Agreement or as required under applicable law. You and Marine Surveyor ToolKit acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Marine Surveyor ToolKit App.

4. Warranty

Marine Surveyor ToolKit disclaims all warranties about the Marine Surveyor ToolKit App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Marine Surveyor ToolKit, not Apple, shall be solely responsible for such warranty. In the event of any failure of the Marine Surveyor ToolKit App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Marine Surveyor ToolKit App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Marine Surveyor ToolKit App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Marine Surveyor ToolKit.

5. Product Claims

Marine Surveyor ToolKit, not Apple, is responsible for addressing your claims or any third party claims relating to the Marine Surveyor ToolKit App or your possession and/or use of the Marine Surveyor ToolKit App, including, but not limited to: (i) product liability claims; (ii) any claim that the Marine Surveyor ToolKit App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. Intellectual Property Rights

The parties acknowledge that, in the event of any third-party claim that the Marine Surveyor ToolKit App or your possession and use of the Marine Surveyor ToolKit App infringes that third party’s intellectual property rights, Marine Surveyor ToolKit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance

You represent and warrant that (i) you are not located in a 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Contact Information

If you have any questions, complaints, or claims with respect to the Marine Surveyor ToolKit App, please contact us at: echoesandember@gmail.com