ZESTAR® APPLICATION LICENSE AGREEMENT
(Zestar is created and owned by Nomolos, Inc.)
License. Subject to the terms and conditions of this Agreement and the App Store Terms of Service, Nomolos grants to you, during the term of your subscription, a non-exclusive, non-transferable license to use the Application for your personal, non-commercial use, on any iPhone, iPod touch or iPad that you own or control. Nomolos reserves all rights not expressly granted to you under this Agreement. You acknowledge and agree that this Agreement is between you and Nomolos. Apple, Inc. is not a party to this Agreement and has no responsibility for the Application or obligation to furnish any maintenance or support services with respect to the Application.
Termination. You may terminate this Agreement and your subscription at any time, provided that such termination will become effective only at the end of your current term. This Agreement will terminate automatically, without notice from Nomolos upon your failure to pay any subscription fee when due or failure to comply with any other terms or conditions of this Agreement. Upon Termination of this Agreement for any reason, you will no longer have access to the Application. If this Agreement is terminated or your subscription lapses for thirty (30) days, Nomolos may delete all personal data and personalized information used in connection with your use of the Application and necessary for the application to work properly.
No Warranty. The Application is intended for use by healthy adults to assist in personal health and wellness management by making recommendations regarding food choices and physical activity. Use of the Application in not intended as medical advice, consultation, diagnosis or treatment. Any questions regarding medical concerns or the health consequences of using the Application should be directed to a physician or other health care provider. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NOMOLOS DOES NOT WARRANT THAT THE APPLICATION IS ERROR-FREE OR THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR WITHOUT COMPROMISE TO SECURITY SYSTEMS. NOMOLOS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
No Liability. NOMOLOS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Guarantee of Continued Availability. Nomolos reserves the right to alter, modify, limit, supplement, discontinue, or disable access to the Application without notice. Nomolos has no liability to you in the event of its exercise of any such rights. Updates or upgrades may occur automatically without any involvement on your part, or may require that you manually download the update or upgrade through the source where the Application was originally obtained.
Proprietary Rights. All intellectual property rights in the Application are and shall remain the exclusive property of Nomolos and/or its licensors.
Export Restrictions. You acknowledge that you may not use or otherwise export or re-export the Application except as authorized by United States law and all other applicable laws. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or otherwise designated as prohibited from doing business with U.S. citizens or businesses, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
General. This Agreement is governed by the laws of the State of Minnesota without regard to conflicts of law principles. All claims or actions related to this Agreement must be brought in the state or federal courts located in Hennepin County, Minnesota. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions of this Agreement remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree remains in full force and effect to the extent not held invalid or unenforceable. This Agreement contains the entire agreement and understanding of the parties concerning the subject matter of this Agreement. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.
Contact Information. You may contact Nomolos at:
222 S. 9th Street, Floor 41
Minneapolis, MN 55402