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End User License Agreement

This Everfest App End User License ("EULA") is between you and Orion Network Enterprises and governs your use of Orion Network Enterprises’ mobile applications for iOS and Android (“Licensed Application”).

  1. Acknowledgement

    This agreement is between you and Orion Network Enterprises only, and not Apple, Inc. ("Apple") nor Google, Inc. (“Google”). Orion Network Enterprises, not Apple nor Google, is solely responsible for the Licensed Application and its content. Although Apple and Google are not parties to this agreement, Apple and Google have the right to enforce this agreement against you as a third party beneficiary relating to your use of the Licensed Application. By accessing or using the Licensed Application, Everfest website, or any additional applications or services made available by Orion Network Enterprises (together, the "Service"), however accessed or used, you agree to be bound by the terms of use set forth in this EULA and any additional terms set forth in the Terms of Use for any portion of the Service.

  2. Scope of License

    The license granted to the end-user for the Licensed Application is limited to a non-transferable license to use the Licensed Application on a mobile device operating on the iOS or Android operating systems that the end-user owns or controls and as permitted by the terms set forth in the Apple App Store and Google Play Store Terms of Service.

  3. Maintenance and Support

    Orion Network Enterprises is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA or as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

  4. No Warranty

    Orion Network Enterprises expressly disclaims any warranty for the Licensed Application. The Licensed Application and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Licensed Application remains with you.

  5. Product Claims

    Orion Network Enterprises does not make any warranties concerning the Licensed Application. To the extent you have any claim arising from or relating to your use of the Licensed Application, Orion Network Enterprises, not Apple nor Google, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this EULA shall be deemed an admission that you may have such claims.

  6. Intellectual Property Rights

    Orion Network Enterprises shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the Licensed Application. To the extent Orion Network Enterprises is required to provide indemnification by applicable law, Orion Network Enterprises, not Apple nor Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Licensed Application or your use of it infringes any third party intellectual property right.

  7. U.S 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.

  8. User Generated Content

    You may not post violent, hateful, discriminatory, unlawful, infringing, nude, pornographic, or sexually explicit photos or content via the Service. Orion Network Enterprises reserves the right to modify or terminate your access to the Service for any reason, without notice, at any time, and without liability to you. You understand that by using any portion of the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that the Orion Network Enterprises shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You may report content that violates this policy by contacting feedback@everfest.com.

  9. Contact Information

    Should you have any questions, complaints, or claims relating to the Licensed Application, please contact Everfest at feedback@everfest.com.

© Copyright 2015 Orion Network Enterprises, Inc. All Rights Reserved.