EULA

​

END USER LICENSE AGREEMENT

Last updated October 30, 2021
Pancak3r is licensed to You (End-User) by Hugh McKie Trotter, of Washington, District of Columbia, United States (hereinafter:
Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as
permitted by this License Agreement), You indicate that You agree to be bound by all
of the terms and conditions of this License Agreement, and that You accept this
License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this
License Agreement and is not bound by any provisions or obligations with regard to
the Application, such as warranty, liability, maintenance and support thereof. Hugh
McKie Trotter, not Apple, is solely responsible for the licensed Application and the
content thereof.
This License Agreement may not provide for usage rules for the Application that are
in conflict with the latest App Store Terms of Service. Hugh McKie Trotter
acknowledges that it had the opportunity to review said terms and this License
Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Pancak3r (hereinafter: Application) is a piece of software created to Stacking
pancakes - and customized for Apple mobile devices. It is used to Playing a game.
The Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Application. You may not use the Application in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You may not share or make the Application available to third parties (unless to
the degree allowed by the Apple Terms and Conditions, and with Hugh McKie
Trotter's prior written consent), sell, rent, lend, lease or otherwise redistribute the
Application.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile,
integrate, remove, modify, combine, create derivative works or updates of, adapt, or
attempt to derive the source code of the Application, or any part thereof (except with
Hugh McKie Trotter's prior written consent).
2.3 You may not copy (excluding when expressly authorized by this license and the
Usage Rules) or alter the Application or portions thereof. You may create and store
copies only on devices that You own or control for backup keeping under the terms of
this license, the App Store Terms of Service, and any other terms and conditions that
apply to the device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain access to
these copies at any time.
2.4 Violations of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this license should be interpreted to restrict third-party terms. When
using the Application, You must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor reserves the right to modify the technical specifications as it sees
appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Hugh McKie Trotter is not obligated, expressed or implied, to provide any
maintenance, technical or other support for the Application.
4.2 Hugh McKie Trotter and the End-User acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the
licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded
licensed Application content and Your 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://www.facebook.com/pg/pancak3r/about/.
6. USER GENERATED CONTRIBUTIONS
The Application does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or in the 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 Application and through thirdparty websites or applications. As such, any Contributions you transmit may be
treated in accordance with the Application Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your 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.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Application,
and other users of the Application to use your Contributions in any manner
contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Application and these
Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your 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.
9. Your Contributions do not violate any applicable law, regulation, or rule. 
10/30/21, 7:17 PM Termly
https://app.termly.io/dashboard/website/bb5609ee-aa6c-4a93-9b5d-c34ca11142d1/terms-of-service 3/5
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights to
use the Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions of other feedback regarding the Application, you agree
that we can use and share such feedback for any purpose without compensation to
you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the Application.
You are solely responsible for your Contributions to the Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
8. LIABILITY
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses,
or any other malware at the time of Your download. Licensor warrants that the
Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device,
that has been unauthorizedly modified, handled inappropriately or culpably, combined
or installed with inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if there are any other
reasons outside of Hugh McKie Trotter's sphere of influence that affect the
executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and
notify Hugh McKie Trotter about issues discovered without delay by e-mail provided
in Product Claims. The defect report will be taken into consideration and further
investigated if it has been mailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the Application is defective, Hugh McKie Trotter reserves a
choice to remedy the situation either by means of solving the defect or substitute
delivery.
9.5 In the event of any failure of the Application to conform to any applicable
warranty, You may notify the App-Store-Operator, and Your Application purchase
price will be refunded to You. To the maximum extent permitted by applicable law, the
App-Store-Operator will have no other warranty obligation whatsoever with respect to
the App, and any other losses, claims, damages, liabilities, expenses and costs
attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory
period of limitation amounting to twelve (12) months after the Application was made
available to the user. The statutory periods of limitation given by law apply for users
who are consumers.

10. PRODUCT CLAIMS
Hugh McKie Trotter and the End-User acknowledge that Hugh McKie Trotter, and not
Apple, 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:
(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,
including in connection with Your Licensed Application’s use of the HealthKit and
HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any U.S. Government
list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed
Application, please contact:
     
Hugh McKie Trotter
1935 Foxview Cir NW
Washington, DC 20007
United States
trottermack@gmail.com
13. TERMINATION
The license is valid until terminated by Hugh McKie Trotter or by You. Your rights
under this license will terminate automatically and without notice from Hugh McKie
Trotter if You fail to adhere to any term(s) of this license. Upon License termination,
You shall stop all use of the Application, and destroy all copies, full or partial, of the
Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND
BENEFICIARY
Hugh McKie Trotter represents and warrants that Hugh McKie Trotter 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," Apple and Apple's 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, Apple will have the right (and will be
deemed to have accepted the right) to enforce this End User License Agreement
against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Hugh McKie Trotter and the End-User acknowledge that, in the event of any thirdparty 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, Hugh
McKie Trotter, and not Apple, will be solely responsible for the investigation, defense,
settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the District of Columbia excluding
its conflicts of law rules.
17. 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 if laid down in
writing. The preceding clause can only be waived in writing.