You are responsible for your use of the Services, for any Content you post to the Services, and for any
consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the
Services and through third party services and websites. You should only provide Content that you are comfortable
sharing with others under these Terms. In the case of Private Apps, the Content should be viewable only by people you
have provided with passwords. However, Orinoco cannot control external 'hacks', 'phising' or other subversive means to
gain access to such content, therefore you should understand and agree to the limitations of authentication
mechanisms provided by Orinoco, and accept the risk that their failure entails.
Subject to the Usage Rules set forth in the App Store Terms of Service, Orinoco grants You a limited,
non-exclusive, non-transferable and revocable license to use the Software on an iPhone OS product that You own or
control.
You acknowledge that any maintenance and support services for the Software, if any, will be provided by
Orinoco and that Apple has no obligation whatsoever to furnish any such services for the Software.
YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE SOFTWARE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Orinoco, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Notwithstanding the foregoing, in the event the Software does not
conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price You paid for the
Software, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be Orinoco's sole responsibility.
You acknowledge that Orinoco, not Apple, is responsible for addressing any claims from You or any third
party relating to the Software or your 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.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY
AGREE THAT Orinoco, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES
AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE
OR IN ANY WAY RELATING TO THE SOFTWARE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF Orinoco, ITS
SUPPLIERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SOFTWARE IS LIMITED TO TWENTY
US DOLLARS ($20). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND Orinoco.
You acknowledge that in the event of any third party claim that the Software, or your possession and
use of the Software, infringes that third party's intellectual property rights, Orinoco, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement
claim. Orinoco respects the intellectual property of others and requires that users of the Software do the same. When You
use the Software, You may not upload, store, share, display, post, e-mail, transmit or otherwise make available any
material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or
entity. In appropriate circumstances, Orinoco will terminate the accounts of repeat infringers.
You represent and warrant that (i) You are not located in a country that is subject to a U.S.
Government embargo, or that that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You specifically agree that
You will not use the Software to (i) violate any laws or regulations; (ii) infringe the intellectual property or
other rights of third parties; or (iii) transmit any materials that contain viruses or other harmful computer code or
files such as Trojan Horses, worms or time bombs.
You must comply with any applicable third party terms of agreement when using the Software. In
particular, You acknowledge that use of the Software may result in increased charges from your wireless carrier and
that You are solely responsible for paying such charges.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this
Terms and Conditions, and, on your acceptance of the terms and conditions of this Terms and Conditions, Apple will have the right (and will be deemed
to have accepted the right) to enforce this Terms and Conditions against You as a third party beneficiary thereof.
This Terms and Conditions and the relationship between You and Orinoco will be governed by the laws of the State of
California, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction
of the courts located in Palo Alto, California, to resolve any dispute or claim arising from this Terms and Conditions. As to
intellectual property rights, You specifically agree that Orinoco may file an action in any jurisdiction to protect or
enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to
this Terms and Conditions. You agree that any claim or cause of action related to this Terms and Conditions or the use of the Software must be filed
within one (1) year after the cause of action arose or be forever barred. You may not assign or transfer any of your
rights or obligations under this Terms and Conditions to a third party without the prior written consent of Orinoco. Orinoco may freely
assign this Terms and Conditions.
If You have any questions, complaints or claims with respect to the Software, please contact Orinoco at:
