SAKE APPLICATIONS LLC TERMS OF USE

BEFORE USING THE SAKE APPLICATION LLC ("SAKE") SOFTWARE (“SOFTWARE”) AND ANY ASSOCIATED DATA OR OTHER MATERIALS (“MATERIALS”) (COLLECTIVELY, THE "PRODUCT"), CAREFULLY READ THE FOLLOWING TERMS OF USE ("TERMS").

BY USING THE PRODUCT OR ANY PART THEREOF, OR BY CLICKING "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE PRODUCT.

IF YOU DO AGREE WITH THESE TERMS, THESE TERMS OF USE ARE BETWEEN LICENSEE AND SAKE, NOT APPLE, AND SAKE IS SOLELY RESPONSIBLE FOR THE TERMS.

1.  License Grant.  Subject to the Terms, SAKE agrees to grant, and does hereby grant to Licensee during the term, a limited, perpetual, non-exclusive, non-transferable, non-assignable right and license to install the Software on an iPhone or iPod touch owned, controlled, or leased by Licensee and to use the Product solely for Licensee's personal, non-commercial purposes and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service ("Permitted Uses"). The Product may not be used for any purpose other than for Permitted Uses and may not be used by any other person or entity other than Licensee. Licensee may make one copy of the Product for backup and/or archival purposes. All updates, upgrades, or changes to the Software which are provided to Licensee shall be deemed to be included in the Product.

2.  Term and Termination.  The term of these Terms will begin on the date that these Terms are accepted by Licensee.  SAKE may suspend or terminate these Terms immediately if you: (i) breach these Terms and fail to cure such breach within five calendar days after receipt of notice; (ii) terminate or suspend your iPhone's operation; or (iii) cease using the Product. Upon termination of these Terms, Licensee will de-install and destroy the Product. Termination will not affect any claim, liability or right arising prior to termination. Sections 5-12 of the Terms will survive the termination of the Terms.

3.  Risk of Use.  The use of the Product is at your own risk.  The contents of the Product, such as text, graphics, images, information obtained from SAKE's licensors, and other material contained on the Product ("Content") are for informational purposes only. The Content is not intended to be and is not a substitute for information received from government or professional sources, such as the police, emergency or other medical services or hospitals, fire departments, or other emergency resources ("collectively, Emergency Resources").  Always seek information from such sources in an emergency.  Never disregard such information or delay in seeking it because of something you have read on the Product.

4.  Call 911 or an Emergency Resource.  If you think you may have a medical emergency, call 911, your doctor, or an Emergency Resource immediately. SAKE does not recommend or endorse any specific hospital or other information that may be mentioned on the Product. Reliance on any information provided by SAKE, the Product, or others is solely at your own risk.

5.  Telecommunications May be Unreliable.  When using the Product, information will be transmitted over a medium that may be beyond the control and jurisdiction of SAKE and its suppliers. Accordingly, SAKE assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Product.

6.  Warranty Disclaimer.  THE PRODUCT, IN WHOLE AND IN PART, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAKE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  SAKE DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE PRODUCT WILL SATISFY LICENSEE’S REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED, WITHOUT DEFECT OR ERROR FREE.  Without limiting the foregoing, SAKE, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Product or SAKE.  In the event of any failure of the Product to conform to any applicable warranty, Licensee may notify Apple, and Apple will refund the purchase price for the Product to Licensee.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SAKE's sole responsibility, subject to the terms and conditions, limitations and disclaimers in the Terms.

7.  LIMITATIONS AND DISCLAIMERS OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:  IN NO EVENT SHALL SAKE OR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO APPLE) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR CONTENT, EVEN IF SAKE HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE. 

SAKE, ITS LICENSORS, ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO APPLE), OR ANY THIRD PARTIES MENTIONED ON THE PRODUCT SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100. SAKE, ITS LICENSORS, ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO APPLE), OR ANY THIRD PARTIES MENTIONED ON THE PRODUCT ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCT, CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PRODUCT OR ANY CONTENT MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

8.  LICENSEE EXCLUSIVE REMEDY.  LICENSEE’S SOLE AND EXCLUSIVE REMEDY FROM LICENSEE’S USE OR INABILITY TO USE THE PRODUCT OR ANY OTHER BREACH OF THE AGREEMENT BY SAKE SHALL BE FOR LICENSEE TO RETURN THE PRODUCT TO SAKE OR DE-INSTALL AND DESTROY IT AND SAKE SHALL REFUND TO LICENSEE THE AMOUNTS PAID FOR SUCH PRODUCT. THE ALLOCATIONS OF LIABILITY IN SECTIONS 7-8 REPRESENT THE AGREED AND BARGAINED FOR UNDERSTANDING OF THE PARTIES, AND THE REMEDIES REFLECTS SUCH ALLOCATIONS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE AN ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

9.  License Restrictions and Claims.  Licensee agrees not to: (a) copy or use the Product in any manner except as expressly permitted in these Terms; (b) transfer, sell, rent, license, lease, distribute, sublicense or otherwise transfer the Product to any third party; (c) reverse engineer (except as permitted by applicable law), decipher, disassemble or decompile the Product; (d) alter, modify, enhance or prepare any derivative work from, the Product; and (e) alter or remove any proprietary notices in the Product.  SAKE, not Apple, is responsible for addressing any claims of the Licensee or any third party relating to the Product or the Licensee’s possession and/or use of that Product, including, but not limited to: (i) product liability claims; (ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

10.  Ownership.  The Product is and shall remain the sole property of SAKE and its suppliers, and, except as expressly provided herein, SAKE and its suppliers retain all right, title and interest in and to the Product, including all intellectual property rights therein and thereto.  In the event of any third party claim that the Product or the Licensee’s possession and use of that Product infringes that third party’s intellectual property rights, SAKE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11.  Confidential Information.  The Product contains Confidential Information and trade secrets of SAKE and its licensors. "Confidential Information" means all software code, data and information that is furnished by SAKE in oral, written or machine-readable form, that is disclosed as a result of these Terms, and that should reasonably have been understood by Licensee, because of legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to SAKE or other third party. Licensee will use the same standard of care to prevent unauthorized access to or disclosure of the Confidential Information that Licensee uses to prevent the disclosure of its own similar confidential information, but in no event less than a reasonable standard of care. Licensee will disclose the Confidential Information only to its employees or contractors with a need to know for the purposes of these Terms and who have been instructed and agreed to fulfill Licensee’s obligations. The restrictions of these Terms on use and disclosure of Confidential Information shall not apply to information that becomes publicly known through no fault of the Licensee or its personnel. All obligations regarding Confidential Information shall survive the termination of these Terms.

12.  Maintenance and Support.  SAKE shall offer to Licensee maintenance and support services that it offers to its other customers at its then-current fees.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Product.

13.  Legal Compliance.  Licensee represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

14.  Third Party Beneficiary.  SAKE and the Licensee acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms and that, upon the Licensee’s acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the Licensee as a third party beneficiary thereof.

15.  General.  These Terms constitute the entire agreement between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order, brochure, advertisement, specification, or other document used by Licensee to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms supersede all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof.  No amendment, modification or waiver of any provision of these Terms will be effective unless in writing and signed by both parties. ALL PARTS OF THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.  If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.  No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control (excluding payment of monies due). Unless otherwise specifically stated, the terms of these Terms are intended to be and are solely for the benefit of SAKE and Licensee and do not create any right in favor of any third party. These Terms will be governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in the City of Falls Church, Commonwealth of Virginia, USA, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue. All notices must be in writing and will be effective three calendar days after the date sent.

16.  Developer Name and Address.  If Licensee has any questions, complaints or claims with respect to the Product, Licensee should contact SAKE at the following:

SAKE Applications LLC
Telephone Number: 209-965-7253
Email Address: Support@SAKEApps.coom