Terms and Conditions

Jump to Apple App Store End User License Agreement

Welcome to ALULA!

These terms and conditions outline the rules and regulations for the use of ALULA's Website, located at https://alulaenglish.com.

Momentech Canada Inc, a Canadian corporation ("Momentech") makes available the "Site" (websites including, without limitation, www.alulaenglish.com and all subdomains), "Software" (softwares and mobile applications), "Apps" (mobile applications), and "Services" (including, without limitation, English lessons, grammar checks, pronunciation helpers, and English study tools) to help people communicate more effectively.

"ALULA" (Software for studying English which operates the Site and Services) is the intellectual property of Momentech. Momentech owns all intellectual property rights and copyright to ALULA.

By accessing this website we assume you accept these terms and conditions (this "Agreement"). Do not continue to use ALULA if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person who logs on, browses, or uses the Site, Services, or the Software, or the person who represents the Business Subscriber (as defined below). "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

If you are accessing the Site to use the Services without a Premium Membership (as defined below) or otherwise browsing the Site, you are a "Free Member". If you are an individual subscriber with an active, paid membership that has not been cancelled ("Premium Membership"), you are a "Premium Member". If you are a Free Member or a Premium Member, this Agreement is between you, individually, and Momentech.

If you are an employee, faculty member, or a student of a university, school, or other entity or organization that has subscribed to the Services and Software (a "Business Subscriber"), you are an "Authorized User" of your Business Subscriber and (i) you represent that you have your Business Subscriber's permission and authority to use the Site, Services, and Software subject to this Agreement, (ii) this Agreement is an agreement between you, individually, and Momentech, and (iii) your Business Subscriber is jointly responsible for your use of the Site, Services, and Software.

If you are entering into this Agreement on behalf of a Business Subscriber, you represent that you have the authority to bind the Business Subscriber to this Agreement, in which case references to "you" in this Agreement shall mean the Business Subscriber. If you do not have such authority, you must not accept this Agreement and may not use the Site, Software, or Services.

This Agreement shall begin on the date hereof.

Cookies

We employ the use of cookies. By accessing the Site, you agreed to use cookies in agreement with the Site's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Please see our Cookie Policy page for full detail.

License

Unless otherwise stated, ALULA and/or its licensors own the intellectual property rights for all material on ALULA. All intellectual property rights are reserved.

If you are a Free Member registered with the Site: In consideration of your acceptance of this Agreement, Momentech grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services, and the Software solely for your own personal purposes. You may use such Services and Software only for non-commercial evaluation purposes with the limit of 1 lesson per day, with a lifetime total of 10 lessons on our Site, and the limit of a lifetime total of 3 lessons on our App in a single device.

If you are a Premium Member registered with the Site: In consideration of your acceptance of this Agreement and your payment of all applicable Fees (as defined below), Momentech grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services, and the Software solely for your own personal purposes. You may use our Site and App with the limit of 300 lessons per month in total if you are a Premium Member registered with the Site.

If you are a Business Subscriber: In consideration for your agreement ot this Agreement and your payment of all applicable Fees (as defined below), Momentech grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services, and the Software solely for your internal business purposes. In addition, you may permit such number of Authorized Users as has been agreed between you and Momentech to access and make use of the Site, Services, and Software. Each Authorized User of a Business Subscriber may use our Site and App with the limit of 300 lessons per month in total.

If you are an Authorized User: In consideration for your agreement to this Agreement and your Business Subscriber's payment of all applicable Fees (as defined below), Momentech grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services, and the Software solely for the internal business purposes of your Business Subscriber.

For all users, you may use the Server-Side Speech to Text functionality (i.e. the microphone feature where usage limit is clearly shown to you) for up to 15 minutes per account, with each usage rounded up to the nearest increment of 15 seconds. You agree not to exceed this time limit.

You may not start two or more consecutive, different lessons within 3-minute period if you start more than 15 lessons in any 24-hour period.

If you are a Business Subscriber, this restriction applies to each of your Authorized Users individually, not to your overall use of the Site, Services and Software.

You must not:

  • copy, modify or create derivative works based on the Site, Services, or Software, or any portions of any of the foregoing (individually and collectively "Momentech IP");
  • sell, rent or sub-license material from the Site, Services, or Software;
  • distribute, transmit, publish or otherwise disseminate any Momentech IP;
  • download or store any Momentech IP except to the extent explicitly permitted on the Site;
  • transfer to any third party any of your rights under this Agreement (except to the extent that a Business Subscriber may permit such number of Authorized Users as has been agreed between the Business Subscriber and Momentech to access and make use of the Site, Services, and Software);
  • access or use the Services, Software, or Momentech IP for the benefit of any third party (except to the extent that Authorized Users may access and make use of the Site, the Services, and the Software solely for the internal business purposes of their Business Subscriber);
  • access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Site, Software, or Services;
  • attempt to access or derive the source code or architecture of any Software;
  • attempt to probe, scan or test the vulnerability of the Site, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures of the Site, Software or Services (except with Momentech's express permission), and if you are blocked by Momentech from accessing the Site, Software or Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g. by masking your IP address).
  • interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software or computer code ("malicious Code") to the Site or Services, load testing, overloading, "flooding," "spamming," "mail bombing," "crashing";
  • automate access to the Site or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices;
  • use or access any Services, Software or Momentech IP in order to build a competitive product, service or solution;
  • violate any applicable law or regulations in connection with your use of the Site, Services or Software;
User Submissions

Parts of the Site offer an opportunity for users to practice English by entering textual content ("Comments") into a lesson input area.

These Comments are not sold to any third parties, nor will they be used to generate and send advertisement to you.

You acknowledge and agree that any Comments submitted by you to the Software may be used by us for purposes including, but not limited to, (i) improving our Services or Software, (ii) displaying the Comments in our advertisement for our Site, Services, or Software, and (iii) customizing lesson content for you. In the case of publishing the Comments on our Site or advertisement, the Comments will be published without association to your identity, unless we obtain your express permission to publish your identity. Please read our Privacy Policy for details.

You retain copyright in your Comments. By submitting Comments, however, you hereby grant Momentech a worldwide, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and use in any other manner that may be hereafter developed in connection with our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels that exist now or may be developed, with exception of manner as described in the second paragraph of this section.

Registration

By completing the registration process, you are agreeing to use the Services subject to the terms and conditions of this Agreement. You agree to provide Momentech with accurate and complete registration information and to promptly notify Momentech in the event of any changes to any such information.

You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Momentech if there is any reason to believe that a user ID, password or any other security device issued by Momentech has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Momentech reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request.

You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall Momentech be liable for any loss or damages relating to such activity.

Business Subscriber responsibility for Authorized Users

Business Subscribers shall ensure that the total number of Authorized Users does not exceed the maximum number of seats authorized by and purchased from Momentech (each of which seats represents a unique (named) Authorized User). Business Subscribers may assign different Authorized Users to the seats authorized by and purchased from Momentech, so long as the total number of Authorized Users at any time does not exceed the maximum number of seats authorized by and purchased from Momentech, but Authorized Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their seat, user name or right to use the Site, Services or Software to any third party. You, the Business Subscriber, and your Authorized Users are jointly responsible for your Authorized Users' use of the Site, Services and Software. You are also responsible for ensuring that all of your Authorized Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any of your Authorized Users shall be deemed to be a violation thereof by you.

Fees and Payment

If you are a Premium Member, your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees as described on the Site or Software at the time ("Fees"); unless you are an Authorized User, in which case, your access to or use of the Services and/or Software shall be contingent upon your Business Subscriber's payment of the Fees.

Upon registering for a Premium Member, you will be required to designate a valid payment method. You hereby authorize Momentech to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions.

Momentech reserves the right to revise its Fees, including by increasing or adding new Fees, at any time on ten (10) days' notice. Such notice may be sent to you by email to your most recently provided email address or posted on the Site or by any other manner chosen by Momentech in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription by following the View Cancellation Instructions link, below.

Continuous membership

To ensure uninterrupted service, all subscriptions to the Site, Software, and Services are renewed automatically. You hereby authorize Momentech to charge subscription Fees for the renewal period to the payment method on file. All subscriptions are renewed at the subscription level(s) and Fees in effect at the time the then-current subscription term ends. You may cancel the subscription at any time by following the View Cancellation Instructions link, below.

Termination and Refund Policy

This agreement shall continue until you cancel your subscription or until terminated by Momentech. If you are a Premium Member, you may cancel your subscription at any time. View cancellation instruction here. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).

Momentech may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Momentech determines, in its sole discretion, violate this Agreement or the rights of Momentech or any third party, or is otherwise inappropriate. Without limitation, Momentech may deny you access to the Services, or terminate this Agreement and your account, if you are a Free Member and your use of the Services exceeds the 10 lesson limitations or 1 lesson per day limitations set forth under the section titled "License", or if you are a Business Subscriber and the use by your Authorized Users exceeds the limitations set by your contract with Momentech.

If you are an Authorized User of a Business Subscriber, your Business Subscriber may elect in its discretion and at any time to revoke your Authorized User status and terminate your account (e.g. if you graduate from that Business Subscriber). If this Agreement or the applicable agreement for Services and Software is terminated in relation to such Business Subscriber or if you otherwise lose access to the Services and Software via your Business Subscriber, Momentech may elect in its discretion to (a) terminate your account or (b) downgrade your account to a Free Member, at which point you agree that your use of the Services and Software will be as a Free Member in accordance with the terms of this Agreement (which Agreement at that point will be solely between you and Momentech).

Upon termination of your account(s) for any reason, your right to use the Services and Software and to access the Site and any of its content will immediately cease and all content in your account(s) may be deleted. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations or liability and miscellaneous provisions.

Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and Momentech will not prorate any Fees paid for a subscription that is terminated before the end of its term.

iFrames

Without prior approval and written permission of Momentech, you may not create frames around any part of the Site.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Site, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our Site

If you find any link on our Site that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

Warrenty Disclaimers

All the information on the Site is published in good faith and for general information purpose only. Momentech does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this Site, is strictly at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMENTECH, ITS LICENSORS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND SOFTWARE ARE AT YOUR OWN SOLE RISK AND THAT THE SITE, SERVICES AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOMENTECH AND ITS LICENSORS AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

IN NO EVENT SHALL MOMENTECH BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO MOMENTECH DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MOMENTECH AND YOU. YOU UNDERSTAND THAT THE SITE, SERVICES AND SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

From the Site, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.

Please be also aware that when you leave our Site, other sites may have different privacy policies and terms which are beyond our control. Momentech is not liable for any content published by other websites outside of our Site.

Consent

By using the Site, Services, or Software, you hereby consent to our Terms and Conditions and Disclaimer and agree to its terms.

Update

Should we update, amend or make any changes to this document, those changes will be prominently posted here.

LICENSED APPLICATION END USER LICENSE AGREEMENT FOR USERS USING APPS DOWNLOADED FROM APPLE APP STORE

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

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 Usage Rules. The terms of this Standard 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 Custom EULA. Except as provided in the 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 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 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. 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 Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard 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 Standard 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, 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: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. 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. 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. 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 citizen 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.