This End User Licence Agreement (“EULA”) covers your licence to use the FocusedZen application software (the “Software”). The Software is licensed, not sold, to you by Luke Phillip Donnet, trading as FocusedZen (“FocusedZen”, “we”, “us”). By installing or using the Software you accept this EULA. It supplements our Terms of Service.
1. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Software on devices you own or control, for your own use, under this EULA and our Terms of Service.
2. Restrictions
You may not rent, lease, sell, redistribute, or sublicense the Software; copy it (except a reasonable backup); reverse engineer, decompile, or modify it, except where the law does not allow that restriction; remove proprietary notices; or use it to build a competing product or to train a machine-learning model.
3. App-store terms
If you install the Software from the Apple App Store or Google Play, that store’s terms also apply, and prevail over this EULA to the extent of any conflict.
For Apple App Store users, you acknowledge:
- (a) this EULA is between you and FocusedZen only, not Apple, and FocusedZen alone is responsible for the Software and its content;
- (b) your licence is limited to use on Apple-branded devices you own or control, as the Apple Media Services Terms allow;
- (c) Apple has no obligation to provide maintenance or support for the Software; FocusedZen is solely responsible for any maintenance and support;
- (d) FocusedZen is solely responsible for any product warranties, whether express or implied; if the Software fails to conform to a warranty, you may notify Apple, and Apple may refund the purchase price (if any), and to the maximum extent the law allows Apple has no other warranty obligation;
- (e) FocusedZen, not Apple, is responsible for addressing any claims by you or a third party about the Software or your use of it (including product liability, legal/regulatory compliance, and consumer-protection claims);
- (f) FocusedZen, not Apple, is responsible for investigating and resolving any third-party claim that the Software infringes intellectual-property rights;
- (g) you represent that you are not in a country subject to a US Government embargo or designated as “terrorist supporting”, and are not on any US Government prohibited-or-restricted-parties list;
- (h) Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you; and
- (i) for any questions, complaints, or claims about the Software, contact FocusedZen at [email protected], 1/457-459 Elizabeth Street, Surry Hills, NSW 2010, Australia.
For Google Play users, you acknowledge Google is not a party to this EULA and is not responsible for the Software.
4. Updates
We may provide updates, which may apply automatically or need your action. Continuing to use the Software after an update means you accept it.
5. Intellectual property
The Software and all copies are owned by FocusedZen or our licensors. All rights not granted to you are reserved.
6. Warranty and liability
The Software is provided under the disclaimers and liability limits in our Terms of Service, which apply here. Nothing limits rights that cannot be excluded under the Australian Consumer Law or other applicable consumer law.
7. Export
You may not export or re-export the Software in breach of applicable export-control laws.
8. Governing law
This EULA is governed by the laws of New South Wales, Australia, consistent with our Terms of Service, except where mandatory consumer law of your place of residence applies.
9. Contact
Luke Phillip Donnet, trading as FocusedZen (ABN 85 771 836 684), 1/457-459 Elizabeth Street, Surry Hills, NSW 2010, Australia. Email: [email protected].