SURGEU LLC LICENSED APPLICATION END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SURGEU EVENTS APP.
Apps made available through the app-store platform provider are licensed, not sold, to you. Your license to the SurgeU Events App (“Licensed Application”) is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). The Licensed Application is provided by SurgeU LLC, a Delaware limited liability company, Life Surge LLC, a Delaware limited liability company, and its affiliates (“Application Provider”), and is licensed to you under the terms set forth below.
The app‐store platform provider is not a party to this EULA and is not responsible for the Licensed Application or its content. Your use of the Licensed Application is subject to the usage rules set forth in the app-store platform provider’s terms of service.
a. Scope of License
The Application Provider grants you a nontransferable, nonexclusive license to install and use the Licensed Application on any device that you own or control and as permitted by the usage rules in the app-store platform provider’s terms of service.
This license does not allow you to use the Licensed Application on any device you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously.
You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or any updates except as expressly permitted by this license or by applicable law.
b. Consent to Use of Data
You agree that the Application Provider may collect and use technical data and related information, including, but not limited to, information about your device, system, application software, and peripherals, to provide updates, support, and other services. This data may also be used in aggregate or anonymous form to improve the Application Provider’s products and services. For details, please see our Privacy Policy at https://www.surgeu.com/privacy.
c. Termination
This EULA is effective until terminated by you or the Application Provider. Your rights will automatically terminate without notice from the Application Provider if you fail to comply with any terms of this EULA. Upon termination, you must cease all use of the Licensed Application and delete all copies from your devices.
d. External Services
The Licensed Application may enable access to the Application Provider’s or third-party services websites (“External Services”). Use of such External Services is at your sole risk, and the Application Provider is not responsible for the content, accuracy, or availability of any third-party services. The Application Provider is not liable for any damages arising from your use of External Services, including data loss or inaccuracies. You agree to comply with all third-party terms of agreement when using such services.
e. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. THE APPLICATION PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
YOUR USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
f. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION.
IN NO EVENT SHALL THE APPLICATION PROVIDER’S TOTAL LIABILITY EXCEED FIFTY DOLLARS ($50.00), EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
g. Export Compliance
You may not use or export the Licensed Application except as authorized by U.S. law and the laws of your jurisdiction. By using the Licensed Application, you represent that you are not located in any U.S.-embargoed country or on any U.S. government restricted list.
h. U.S. Government Users
The Licensed Application and documentation are “Commercial Items,” provided with only those rights granted under this EULA.
i. Governing Law
This EULA and your use of the Licensed Application shall be governed by the laws of the State of Florida, without regard to conflict of law principles. You agree that any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida.
If you reside in the European Union, Switzerland, Norway, or Iceland, the governing law and forum shall be those of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
j. Third-Party Beneficiary
The app-store platform providers are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, the app-store platform providers shall have the right to enforce it against you as a third-party beneficiary.
