End User License Agreement and Privacy Disclosure

This App is made available through the Apple App Store and is licensed, not sold, to you. Your License to this App is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). Your License to the App under this EULA is granted by Transition Technology Ventures, LLC (“Licensor”). The App that is subject to this EULA is referred to herein as the “Licensed Application". The Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA. The Licensor reserves the right to update or change the App at any time. 

a. Scope of License: Licensor grants to you a nontransferable License to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Apple App Store Usage rules. The terms of this EULA will govern any content, materials or services accessible from or purchased within 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 new EULA. Except as provided in the Apple App Store Usage rules, you may not distribute or make the Licensed Application available over a network where it could 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 remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this License and the Apple App Store Usage rules), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Licensed Application, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Apple and Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software and peripherals—that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Apple and Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination: This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country as defined by Apple, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. No Warranty: Licensor will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. Licensor does not make any other promises or warranties about the Licensed Application or External Services, and in particular does not warrant that: (i) your use of the Licensed Application or External Services will be uninterrupted or error-free; (ii) the Licensed Application or External Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Licensor disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Licensed Application and associated data that is stored on your system.

f. Limitation of Liability: In no case shall Licensor, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by Licensor, its employees or agents where any of the following conditions apply: (1) there is no breach of a legal duty of care owed to you by Licensor or by any of its employees or agents; (2) it is not a reasonably foreseeable result of any such breach; (3) any increase in loss or damage results from breach by you of any term of this End User License Agreement ("Agreement"); (4) it results from a decision by Licensor to warn you, to suspend or terminate your access to the External Services or to take any other action during the investigation of a suspected violation or as a result of Licensor’s conclusion that a violation of this Agreement has occurred; (5) it relates to loss of income, business or profits or any loss or corruption of data in connection with your use of the Licensed Application.

g. Export: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 Licensed Application, 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.

h. Commercial Items: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Governing Laws: Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a resident of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts 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. Lawful Use: This license extends only to the use of the App for processing and playing radio signals as allowed by applicable laws. The App may not be used to process or play a radio signal when that activity is prohibited or restricted by law.

k. Privacy Disclosure: Transition Technology Ventures, LLC does not collect personally identifiable information of any type. If you choose to send us e-mail for customer support reasons, your e-mail address will be used only to communicate with you to solve your problem. If you voluntarily give us any personal information for other purposes, we do not share with or sell this to third parties.

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