RECOIL SHOT TIMER – TERMS & CONDITIONS
(End User License Agreement)
Effective November 1, 2023
This End User License Agreement ("Agreement") is a legally binding agreement between you ("User" or "you") and Scoring Technologies a company of Scientific Toolworks, Inc., a Utah corporation ("Licensor," "we," or "us") for the use of the Recoil Shot Timer mobile application ("App"). This Agreement outlines the terms and conditions governing your use of the App.
This Agreement and both parties are subject to the terms set forth by Apple’s Standard EULA which can be found at www.apple.com/legal/internet-services/itunes/dev/stdeula/ and both the Licensor and Users are bound by these terms. If there are any discrepancies between the Agreements, refer to Apple’s Standard Licensed Application End User License Agreement.
1. License Grant
Subject to the terms of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial purposes on a wireless device that you own or control. This license is conditioned upon your compliance with all the terms and conditions of this Agreement.
If you are using the App from the Apple App Store the following terms and conditions apply. You acknowledge and agree that these Terms are solely between you and Scoring Technologies, not Apple, and that Apple has no responsibility for the App and the content thereof. Using the App, or any App in the Apple App Store, must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and Scoring Technologies. You and Scoring Technologies acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App 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 the App’s use of the HealthKit and HomeKit frameworks. You and Scoring Technologies acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Scoring Technologies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 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. You must comply with applicable third party terms of agreement when using the App. You and Scoring Technologies acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
2. Restrictions
You may not:
Copy, modify, or distribute the App or any part of it.
Reverse engineer, decompile, or disassemble the App.
Remove any copyright or other proprietary notices from the App.
Use the App for any illegal or unauthorized purpose.
3. User Accounts
To access certain features of the App, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process.
You can delete your account by going to Settings > Profile > Delete Account from within the App. Doing so will delete your Recoil Shot Timer account and all data associated with it and this contract will be terminated.
4. Privacy
Your use of the App is also governed by our Privacy Policy, which can be found at www.scoringtech.com/recoil/privacy. By using the App or service, you consent to the terms of the Privacy Policy.
5. Updates
Licensor may, from time to time, provide updates or upgrades to the App. You agree that such updates or upgrades may be automatically installed without further notice and that they may modify or delete certain features or functionalities of the App.
Licensor may also provide maintenance and support for the services provided by the App, and will do so as required by applicable law. This responsibility is taken on solely by the Licensor and not by any third party beneficiaries.
6. Termination
This Agreement is effective until terminated by either party. You may terminate the Agreement by deleting your user account and uninstalling the App. Licensor may terminate the Agreement at any time without notice if you fail to comply with any term of this Agreement.
7. Disclaimer of Warranty
The App is provided "as is" without any warranty. Licensor makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
8. Limitation of Liability
Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. In no event shall Licensor's total liability to you for all damages exceed the amount paid by you for the App.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of Utah, without regard to its conflict of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located within the state of Utah, and you consent to the personal jurisdiction of such courts.
10. Changes to the Agreement
Licensor reserves the right to update or modify this Agreement at any time. Your continued use of the App after any such changes constitutes acceptance of the new Agreement.
By using the Recoil Shot Timer App, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.
Any questions, complaints or claims with respect to these Terms and Conditions or the Recoil Shot Timer Application should be directed to:
Re: Recoil Shot Timer App
Scoring Technologies
Scientific Toolworks, Inc.
444 E Tabernacle Ste B101
St. George, UT 84770
(435)275-2118
Last revised on November 14, 2023