The following additional terms apply to the use of the Software:
(a) You acknowledge that this Agreement is concluded between you and Macphun only, and not any other company ( "Third Parties"
). Macphun only provides to you a license to use the Software on your Authorized Device(s) on the terms and conditions stated herein. Macphun does not provide you with any third party licenses that may be required to use or run this Software on your Authorized Device(s) and it is solely your responsibility to obtain all necessary software licenses from respective Third Parties including Apple and/or Microsoft. You agree that you may not use the Software in any way that conflicts with or violates the terms of service or other agreements between you and any Third Party.
(b) Notwithstanding anything to the contrary in this Agreement, you may use the Software only on any Authorized Device owned, leased, or otherwise controlled by you.
(c) You acknowledge that if you purchased a license to use the Software from a third party reseller or distributor, you may be subject to the license agreement or other terms and conditions of such third party and such license agreement or other terms and conditions may be different from and/or in addition to the terms and conditions of this Agreement.
(d) You understand and acknowledge that some features of the Software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks.
(e) You acknowledge that you are responsible for protecting your personal data, license key(s)/activation code(s) and your Authorized Device(s) from all unauthorized use and that Macphun will have no liability whatsoever in the event that your personal data, license key(s)/activation code(s) or your Authorized Device or its content is accessed by anyone other than you. If your license key/activation code is stolen, or if you suspect any improper or illegal usage of your license outside of your control you shall promptly notify Macphun of such occurrence. A replacement license will be issued to you and the suspect license will be disabled/terminated. Macphun shall not liable for any damages or costs incurred in connection with the disabled/terminated licenses
(f) You understand and acknowledge that you are solely responsible for creating backup files of all data, photographs and images accessed by or used through the Software and that Macphun is not liable for any damages relating to lost, corrupted or damaged data.
(g) You agree that you will not use the Software other than as permitted by this Agreement and that it will not use the Software in a manner inconsistent with its design or Documentation.
(h) You agree to comply with all laws and regulations when downloading, installing and using the Software, including any laws and regulations specific to your location of download. You must not use the Software in any way to publish or transmit any illegal or objectionable material or links to such material, nor to infringe the rights (including intellectual property rights) of any third party.