EULA for RE Scribe! – Sensible Industries, LLC

Sensible Industries, LLC, END USER LICENSE AGREEMENT (“License Agreement”) for the RE Scribe! Application.

RE Scribe! (“Licensed Application”) is licensed to you (“End-User”) by Sensible Industries, LLC, located in Tucson, Arizona 85742, United States (“Licensor”), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), End-User indicates that End-User agrees to be bound by all the terms and conditions of this License Agreement, and that End-User accepts this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations regarding the Licensed Application, such as warranty, liability, maintenance, and support thereof.

Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Licensor acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Licensed Application, when purchased or downloaded through the Services, is licensed to you for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to you. The Licensed Application is to be used on devices that operate with Apple’s operating systems (“iOS”) or Google’s operating system (“Android”).

Note:

Apple, iOS, App Store are copyright and / or trademarks of Apple, Inc.

Google, Play Store, Android are copyright and / or trademarks of Alphabet, Inc.

SI, “We are Thinking Technology!” are copyright and / or trademarks of Sensible Industries, LLC.

THE APPLICATION

The Licensed Application is a piece of software created to assist in the generation of text descriptions for a property listing. The application is created for iOS and Android mobile devices (“Devices”).

The Licensed Application is not tailored to comply with any industry-specific guidelines, so if your interactions would be subjected to such laws, the End User may not use the Licensed Application for such purpose as may require such licensing nor may the End User use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Licensed Application uses AI to assess the impression the End-User intends to convey in a property description. The Licensed Application strives to ensure that the result reflects the assessed impression, is in line with Fair Housing guidelines, does not elicit inflammatory language and generally satisfies the intended impression of the End-User. However, the End-User is responsible for any and all content used in any third-party application by the End-User. Use of the content provided by the Licensed Application may only be used as the basis for content used by the End-User.

SCOPE OF LICENSE

2.1 The End User is given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application only on Devices owned or controlled by the End User as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with the End-User via Family Sharing or volume purchasing.

2.2 This license also governs updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 The End-User may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, or with prior written consent by the Licensor), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 The End-User may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with prior written consent from the Licensor).

2.5 The End-User may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. The End-User may create and store copies only on devices that the End-User owns or controls for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. The End-User may not remove any intellectual property notices. The End-User acknowledges that no unauthorized third parties may gain access to these copies at any time. If The End-User sells Devices to a third party, The End-User must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.

TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires Devices to use firmware version iOS 16.0, Android OS 13 or higher. Licensor recommends using the latest version of the firmware.

3.2 The End-User acknowledges responsibility to confirm and determine that the Devices on which you intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. you can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 The Licensor and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

USE OF DATA

The End-User acknowledges that Licensor will be able to access and adjust your downloaded Licensed Application content and personal information, and that Licensor’s use of such material and information is subject to your legal agreements with Licensor and Licensor’s privacy policy: https://privacy.sensibleindustries.biz.

The End-User acknowledges that the Licensor may periodically collect and use technical data and related information about the Devices, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to the End-User in a form that does not personally identify the End-User.

USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite the End-User to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide the End-User with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Licensor or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions made by the End-User may be treated as non-confidential and non-proprietary. When the End-User creates or makes available any Contributions, the End-User thereby represents and warrants that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the End-User Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

The End-User is the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Licensor, the Licensed Application, and other users of the Licensed Application to use End-User Contributions in any manner contemplated by the Licensed Application and this License Agreement.

The End-User has the written consent, release, and/or permission of each and every identifiable individual person in all Contributions, to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of the Contributions in any manner contemplated by the Licensed Application and this License Agreement.

The End-User Contributions are not false, inaccurate, or misleading.
The End-User Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
The End-User Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
The End-User Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
The End-User Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
The End-User Contributions do not violate any applicable law, regulation, or rule.
The End-User Contributions do not violate the privacy or publicity rights of any third party.
The End-User Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
The End-User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
The End-User Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination, or suspension of the End-User rights to use the Licensed Application.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking any account from the Licensed Application to any social networking accounts, the End-User automatically grants, and represents and warrants that the End-User has the right to grant to the Licensor an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions, including, without limitation, the End-User image and voice, for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes the use of the End-User name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images the End-User provides. The End-User waives all moral rights in all Contributions and warrants that moral rights have not otherwise been asserted in any Contributions.

The Licensor does not assert any ownership over End-User Contributions. The End-User retains full ownership of all the End-User Contributions and any intellectual property rights or other proprietary rights associated with those Contributions. The Licensor is not liable for any statements or representations in the Contributions provided by the End-User in any area of the Licensed Application. The End-User is solely responsible for Contributions to the Licensed Application and the End-User expressly agrees to exonerate the Licensor from any and all responsibility and to refrain from any legal action against the Licensor regarding Contributions made by the End-User.

The Licensor has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

LIABILITY

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, the End-User is required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. The End-User is aware that in case of alterations or manipulations of the Licensed Application, the End-User will not have access to the Licensed Application.

WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been modified without authorization, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by the End-User or by third parties, or if there are any other reasons outside of the sphere of influence of the Licensor that affect the executability of the Licensed Application.

9.3 The End-User is required to inspect the Licensed Application immediately after installing it and notify the Licensor of any issues discovered without delay by email to apps@sensibleindustries.biz with the subject, “Defect Report”. The defect report will be taken into consideration and further investigated.

9.4 If the Licensor confirms that the Licensed Application is defective, the Licensor reserves a choice to remedy the situation either by means of solving the defect or by substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the Services operator, and your Licensed Application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the Services operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 The statutory periods of limitation given by law apply for consumers and entrepreneurs.

PRODUCT CLAIMS

The Licensor and the End-User acknowledge that the Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation, including in connection with your Licensed Application’s use of the HealthKit and HomeKit.

LEGAL COMPLIANCE

The End-User represents and warrants that the End-User is not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that the End-User is not listed on any US Government list of prohibited or restricted parties.

CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

apps@sensibleindustries.biz with the subject, “Maintainer, RE Scribe!”

TERMINATION

The license is valid until terminated by the Licensor or by the End-User. The End-User rights under this license will terminate automatically and without notice from the Licensor if the Licensor fails to adhere to any term(s) of this license. Upon License termination, the End-User shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

The End-User represents and warrants that the Licensor will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against the End-User as a third-party beneficiary thereof.

INTELLECTUAL PROPERTY RIGHTS

The Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, the Licensor, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

APPLICABLE LAW

This License Agreement is governed by the laws of the State of Arizona excluding its conflicts of law rules.

MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid when provided for review and acceptance by the End-User. The preceding clause can only be waived with traceable communication between the End-User and the Licensor.