END USER LICENSE AGREEMENT (EULA)

Last updated 13. September 2024

Mapper MZ is licensed to You (End-User) by Andre Radomski, (“Licensor“), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store“), 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. App Store is referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions (“Usage Rules“). Licensor acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Mapper MZ transacted through the Services is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Mapper MZ is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS“)

1. THE APPLICATION

Mapper MZ (“Licensed Application“) is a piece of software created to edit RPG Maker® MZ projects on the go — and customized for iOS mobile devices (“Devices“). It is used to mainly edit the maps of an RPG Maker® MZ project and doesn't offer functionalities to edit all aspects of an RPG Maker® MZ project.

Furthermore, it is used to test RPG Maker® MZ games on iOS to see how maps look like when the game is running.

The Licensed 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 Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Licensor‘s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Licensor‘s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed 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 Usage Rules, 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. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 You may only use the provided cloud storage-related functionalities of the Licensed Application for the purposes for which the Licensed Application was created.

2.7 You may not use, connect to, send requests to, reverse engineer, or engage in any other form of communication or activity with the cloud storage applications registered by the Licensor on the cloud storage provider's server, except via the Licensed Application and solely for the purposes intended by the Licensed Application’s features. Any attempt to bypass, misuse, or exploit these cloud storage applications outside of their intended use within the Licensed Application is strictly prohibited.

2.8 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.9 Licensor reserves the right to modify the terms and conditions of licensing.

2.10 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.2 You acknowledge that you must own a legally obtained copy of the PC/Mac software called RPG Maker® MZ to be able and permitted to use Licensed Application.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE AND SUPPORT

4.1 Licensor is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

4.2 Licensor and the End-User acknowledge that the Services have 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.mappermz.com/privacy_policy.html.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. 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 Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

7. LIABILITY

7.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

7.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

7.3 Licensor takes no accountability and responsibility in case of data loss or unauthorized access to your project files when using cloud storage functionalities. To mitigate risks of data loss and unauthorized access, you must utilize the backup functions and adhere to the security guidelines provided by your cloud storage provider. Additionally, please refer to and follow the security information included in the user documentation of the Licensed Application.

8. WARRANTY

8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

8.2 No warranty is provided for the Licensed 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 Licensor's sphere of influence that affect the executability of the Licensed Application.

8.3 You are required to inspect the Licensed Application immediately after installing it and notify Licensor about issues discovered without delay by email provided in 16. Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 24 hours after discovery.

8.4 If we confirm that the Licensed Application is defective, Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

8.6 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 Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9. PRODUCT CLAIMS

Licensor and the End-User acknowledge that Licensor, and not the Services, 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.

10. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

11. TERMINATION

The license is valid until terminated by Licensor or by You. Your rights under this license will terminate automatically and without notice from Licensor if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Licensor represents and warrants that Licensor 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,” both Apple and Google and their 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, both Apple and Google 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.

13. INTELLECTUAL PROPERTY RIGHTS

Licensor and the End-User acknowledge that, in the event of any third-party 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, Licensor, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

14. APPLICABLE LAW

This License Agreement is governed by the laws of Germany excluding its conflicts of law rules.

15. MISCELLANEOUS

15.1 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.

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

16. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact Licensor by email at contact@mappermz.com or by mail to: c/o Postflex #7268, Emsdettener Str. 10, 48268 Greven, Germany