Minimum Requirements for Studio App Store Makers’ End-User License Terms
Effective Date of Terms of Service: February 5, 2020
As a maker that creates your content or application (collectively “Product”) available through InVision’s Studio App Store (the “App Store”), you must require that each individual or company that downloads your product through the App Store is presented with and agrees to an end-user license agreement (or terms of use, terms of service, etc.) (“EULA”) which contains, at a minimum, the terms and conditions set forth herein. Your EULA shall contain, at a minimum, the following provisions.
- Identification
Your EULA must contain your name and address, and establish how a Licensee may contact you with questions, complaints or claims with respect to your product. - License
If the intended purpose of the Product you are distributing is for end-users to to integrate it into their own value-added software applications, websites, products, services, programs, add-ons, extensions, plug-ins or other technologies (each, an “End Product”), then your EULA must grant the end-user and any person or entity on behalf of whom they are working (collectively the “Licensee”), a worldwide, non-exclusive, perpetual, irrevocable (except in the case of Licensee’s material breach), royalty-free, transferable, sublicenseable license (a) for the unrestricted use of your Product in the creation of new End Products, including without limitation the right to modify and create derivative works from your Product in furtherance of the same, (b) to market, reproduce, perform, display, promote, distribute and otherwise exploit their End Product, and to grant end users the rights to use and exploit the same. The only restriction which you may place on use of your Product is against the exploitation of your Product in its original form (or without substantial value-added contribution).
If your Product is a software application and is therefore not intended to be integrated into an End Product, then your EULA must grant the Licensee a worldwide, non-exclusive, royalty-free license for the commercial use of your Product in connection with the Licensee’s use of InVision Studio. - Maintenance and Support
If your Product is a software application, then your EULA must state that you are solely responsible for providing any maintenance and support services for your Product. - Indemnification
Your EULA must require that you will indemnify, defend and hold harmless the Licensee, and its licensees and customers from any third party claims alleging that your Product infringes, misappropriates or violates any intellectual property or other right of any person or entity. - Relationship of You and Company
Your EULA must state, and required the Licensee to agree, that InVisionApp Inc.: (a) is not a party to the EULA, and does not support or endorse the use of your Product, and shall have no liability with respect to the licensing or use of your Product, (b) is not responsible for any support or maintenance services related to your Product, (c) is not responsible for responding to any Licensee claims related to your Product. - Prohibited Parties
Your EULA must require that Licensees (i) are not located in a country that is subject to any U.S. Government embargo or export restriction (or any applicable international equivalents); and (ii) are not listed on any U.S. Government list of prohibited or restricted parties (or any applicable international equivalents).