1. Acknowledgement
This End User License Agreement ("EULA") is a legal agreement between you ("End User") and The Murmur ("Licensor") for the The Murmur iOS application ("Licensed Application"). This EULA is entered into between The Murmur and you — not with Apple Inc. Apple is not a party to this EULA and is not responsible for the Licensed Application or its content.
By downloading, installing, or using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download or use the Licensed Application.
2. Scope of License
The Murmur grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Licensed Application on any Apple-branded device that you own or control, strictly in accordance with the Usage Rules set forth in Apple's App Store Terms of Service and this EULA.
This license does not allow you to use the Licensed Application on any device that you do not own or control. 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 rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and Usage Rules), decompile, 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.
3. License Restrictions
You expressly agree not to:
- Use the Licensed Application for any unlawful purpose or in violation of any local, state, national, or international law or regulation
- Modify, translate, adapt, or create derivative works based upon the Licensed Application
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Licensed Application
- Remove or alter any proprietary notices, labels, or marks on the Licensed Application
- Use the Licensed Application to transmit any content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property or proprietary rights
- Use the Licensed Application to transmit harmful, offensive, defamatory, or otherwise objectionable content
- Attempt to gain unauthorized access to any portion of the service or its related systems or networks
- Use automated means to access or use the Licensed Application, including robots, spiders, scrapers, or data mining tools
4. Technical Requirements
The Licensed Application requires an iOS device running a supported version of iOS as specified in the App Store listing. The Murmur reserves the right to update these requirements at any time. Use of the Licensed Application may require an internet connection; data rates from your carrier may apply.
The Murmur does not guarantee that the Licensed Application will be compatible with all iOS devices or iOS versions. We recommend keeping your device and iOS updated to the latest versions for the best experience.
5. Maintenance & Support
The Murmur is solely responsible for providing maintenance and support services for the Licensed Application, as required under applicable law and as specified in this EULA. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
To the extent that any maintenance or support is required by applicable law, The Murmur shall be obligated to furnish any such maintenance or support. You may contact The Murmur at support@themurmurapp.com for support inquiries.
6. User-Generated Content
The Licensed Application allows you to post anonymous comments ("User Content"). You are solely responsible for all User Content you submit. By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to submit such content
- The content does not violate the rights of any third party, including intellectual property rights and privacy rights
- The content complies with these Terms and our Terms of Use
The Murmur does not claim ownership of your User Content but you grant The Murmur a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your User Content within the Licensed Application and associated services (including leaderboards).
The Murmur reserves the right, but is not obligated, to remove any User Content that violates these terms or that The Murmur deems, in its sole discretion, to be harmful, offensive, or otherwise objectionable.
8. 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.
The Murmur 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 NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
The Murmur DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL The Murmur 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 The Murmur 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 The Murmur'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).
10. Apple-Specific Terms
The following terms apply with respect to your use of the Licensed Application on any device that is operated by Apple Inc. ("Apple Device"):
Parties
You acknowledge that this EULA is concluded between The Murmur and you only, and not with Apple. The Murmur, not Apple, is solely responsible for the Licensed Application and its content.
Scope of License
The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple Devices that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
Product Claims
The Murmur, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights
In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, The Murmur, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance
You represent and warrant that (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Termination
This EULA is effective until terminated by you or The Murmur. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination of this EULA, you shall cease all use of the Licensed Application and delete all copies of the Licensed Application from your Apple Device.
The Murmur may also terminate this EULA immediately and without notice if you violate any of these terms. Upon such termination, all rights granted to you under this EULA shall terminate.
12. Governing Law
This EULA will be governed by the laws of the jurisdiction in which The Murmur operates, excluding that jurisdiction's conflict-of-law rules. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
13. Contact Information
If you have any questions, complaints, or claims with respect to the Licensed Application, please contact us: