SEARS MOBILE APPLICATION END USER LICENSE AGREEMENT
*Please read this agreement and click the "I Agree" button at the bottom of the document to continue registration
IMPORTANT – READ CAREFULLY: THE FOLLOWING TERMS AND CONDITIONS OF THIS SEARS MOBILE APPLICATION END USER LICENSE AGREEMENT ("License Agreement") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SEARS HOLDINGS MANAGEMENT CORPORATION ("Sears") REGARDING YOUR USE OF THE SEARS MOBILE APPLICATION SOFTWARE ("Software") INTO WHICH THIS LICENSE AGREEMENT IS EMBEDDED OR IN CONNECTION WITH WHICH THIS LICENSE AGREEMENT IS BEING PRESENTED TO YOU. BY CLICKING THE "I ACCEPT" BUTTON AND/OR USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU MAY NOT USE THE SOFTWARE AND YOU MUST DELETE IT FROM YOUR MOBILE DEVICE. ANY USE BY YOU OF THE SOFTWARE SHALL BE DEEMED TO CONSTITUTE YOUR IRREVOCABLE ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. License and Restrictions. In this License Agreement, you, the person or entity using the Software, are referred to as "Licensee" or "You." Subject to the terms and conditions of this License Agreement, Sears grants Licensee the limited, non-exclusive, non-transferable, non-sublicensable, royalty free right and license to use the Software and any associated documentation ("Documentation") solely for Licensee's own personal, non-commercial purposes on an Apple branded product that Licensee owns or controls that runs the iPhone operating system software provided by Apple, and solely in accordance with this License Agreement and as permitted by the usage terms posted by Apple applicable to this Software ("App Store Terms of Service").
Licensee and Sears acknowledge that this License Agreement is concluded between Sears and Licensee only, and not with Apple, Inc ("Apple"). Sears, not Apple, is solely responsible for the Software and the content thereof. Notwithstanding the foregoing, to the extent that the App Store Terms of Service are more restrictive than, or otherwise in conflict with, the usage rules set forth in this License Agreement, the App Store Terms of Service shall control. Licensee acknowledges that Licensee has had the opportunity to review the App Store Terms of Service.
The Software is delivered in object code only. Licensee shall not reverse compile, disassemble or otherwise reverse engineer the Software, except where, and only to the extent that, such prohibition is not permitted under applicable law. Licensee acknowledges that the Software may be subject to United States export and import control laws. Licensee agrees that the Software will be exported or re-exported only in compliance with such laws.
Licensee shall comply with any applicable third party terms of agreement between Licensee and such party when using the Software.
All rights in and to the Software and the Documentation, including all intellectual property rights therein and thereto, belong to Sears and its licensors, and Sears and its licensors hold and retain title to each copy of the Software and Documentation. Licensee shall not copy or modify the Software, except that Licensee may copy the Software for the sole purpose of creating a backup copy as long as all Sears trademarks, logos, copyright and other notices are reproduced and included on the backup copy.
Licensee acknowledges that the Software and the Documentation constitute the valuable confidential information and trade secrets of Sears and its licensors. Accordingly, Licensee shall at all times, both during the term of this License Agreement and thereafter keep in trust and confidence all the Software and Documentation, and shall not disclose the same to any third party without Sears' prior written consent.
2. Term. This License Agreement is effective until termination in accordance with this Section 2. Licensee may terminate this License Agreement by ceasing use, and deleting all copies possessed by Licensee, of the Software. Sears may terminate this License Agreement if Licensee breaches any of the terms or conditions in this License Agreement, and this License Agreement shall in any event automatically terminate in the event of a breach by you of any of its terms or conditions. Upon termination of this License Agreement for any reason, Licensee shall immediately cease use of the Software, and delete all of Licensee's copies of the Software. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Sears' proprietary rights shall survive termination.
3. Warranty Disclaimers. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND SEARS EXPRESSLY DISCLAIMS FOR ITSELF AND ON BEHALF OF APPLE AND THEIR RESPECTIVE LICENSORS AND ALL THIRD PARTIES INVOLVED IN DISTRIBUTION OF THE SOFTWARE, ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. Sears does not warrant that the functions contained in the Software will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free. Sears and licensee acknowledge that neither Sears nor Apple have any obligation whatsoever to furnish any maintenance and support services with respect to the Software.
4. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SEARS, ITS LICENSORS OR ANY THIRD PARTY INVOLVED IN THE DISTRIBUTION OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE USE OR DISTRIBUTION OF THE SOFTWARE OR FOR THE SOFTWARE'S PERFORMANCE OR FAILURE TO PERFORM, INCLUDING, WITHOUT LIMITATION FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS OR LOSS SAVINGS, OR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE AGREES THAT LICENSEE'S SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SOFTWARE, OR ANY BREACH OF THIS LICENSE AGREEMENT BY SEARS SHALL BE TO CEASE USE OF, AND UNINSTALL, THE SOFTWARE. SEARS AND LICENSEE AGREE THAT SEARS' LICENSORS AND ALL THIRD PARTIES INVOLVED IN THE DISTRIBUTION OF THE SOFTWARE, INCLUDING APPLE, ARE HEREBY MADE EXPRESS THIRD PARTY BENEFICIARIES OF THIS LICENSE AGREEMENT, AND SHALL BE DEEMED TO BE IN CONTRACTUAL PRIVITY WITH LICENSEE AND HAVE FULL AUTHORITY AND STANDING TO ENFORCE THE PROVISIONS SET FORTH IN THIS LICENSE AGREEMENT, INCLUDING THIS SECTION 4.
5. Product Claims. Not in limitation of Sections 4 and 5, Sears and Licensee acknowledge that, between Sears and Apple, Sears, not Apple, is responsible for addressing any claims of Licensee or any third party relating to the Software or Licensee's possession and/or use of the Software, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property. Sears and Licensee acknowledge that, as between Sears and Apple, in the event of any third party claim that the Software or Licensee's possession and use of the Software infringes that third party's intellectual property rights, Sears, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance. Licensee represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Contact. Any licensee questions, complaints or claims with respect to the Software must be directed to: Mr. Derek Voigt Product Director, Craftsman Sears Holdings - KCD Brands 3333 Beverly Road, DC-218B Hoffman Estates, IL 60179
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS LICENSE AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. I Disagree