This End User License Agreement ("EULA") is a legal agreement between you ("End-User" or "You") and Wayne ECommerce, LLC (dba Backyard Beats and Eats), a company registered at 4446 Middlesboro, Clarkston, Michigan 48348-5082, United States ("Licensor"). By downloading or using the Licensed Application (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download or use the Licensed Application.
SCOPE OF LICENSE
You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices you own or control, as permitted by the Usage Rules (as defined below). This license includes the ability to use the application through Family Sharing or volume purchasing.
This license will also govern any updates to the Licensed Application provided by the Licensor that replace, repair, or supplement the original application, unless a separate license is provided for such updates.
You may not share, sell, rent, lend, lease, or redistribute the Licensed Application, except as allowed by the Usage Rules and with prior written consent from Wayne ECommerce, LLC (dba Backyard Beats and Eats).
You may not reverse engineer, decompile, disassemble, or modify the Licensed Application or create derivative works without prior written consent from Wayne ECommerce, LLC (dba Backyard Beats and Eats).
You may not copy or alter the Licensed Application except for backup purposes as authorized by this license and the Usage Rules. Unauthorized access by third parties to copies of the application is prohibited. If you sell your Devices, you must remove the Licensed Application before transferring ownership.
Violations of these terms may result in legal action and damages.
Licensor reserves the right to modify the terms of this license at any time.
You must comply with applicable third-party terms and conditions when using the Licensed Application.
TECHNICAL REQUIREMENTS
Licensor strives to keep the Licensed Application updated to be compatible with new firmware and hardware versions. However, you do not have the right to demand such updates.
It is your responsibility to ensure that your device meets the technical specifications required for the Licensed Application.
Licensor reserves the right to modify technical specifications at any time.
NO MAINTENANCE OR SUPPORT
Wayne ECommerce, LLC (dba Backyard Beats and Eats) is not obligated to provide maintenance, technical support, or other services for the Licensed Application.
The Services (App Store and Play Store) have no obligation to provide maintenance or support for the Licensed Application.
USE OF DATA
You acknowledge that Licensor may access and use your personal data and content within the Licensed Application in accordance with your agreements with Licensor and Licensor's Privacy Policy, which can be reviewed at https://backyardbeatsandeats.com/pages/privacy-policy.
Licensors may collect technical data about your device and software for purposes such as offering product support, facilitating software updates, and improving products, as long as the information does not personally identify you.
USER-GENERATED CONTRIBUTIONS
The Licensed Application may allow you to create, submit, or post content ("Contributions") that could be viewable by others. You represent and warrant that:
Your Contributions do not infringe on third-party intellectual property rights.
You have the necessary rights and permissions to use and authorize us to use your Contributions.
Your Contributions are not false, misleading, or unauthorized.
Your Contributions do not violate applicable laws or regulations.
You are solely responsible for your Contributions and agree to hold us harmless from any legal claims related to your Contributions.
CONTRIBUTION LICENSE
By submitting feedback or suggestions about the Licensed Application, you grant us the right to use and share such feedback without compensation. You retain ownership of your Contributions but agree to hold us harmless from any claims related to them.
LIABILITY
Licensor's liability is limited to cases of intent or gross negligence. In cases of breach of essential contractual duties, liability extends to slight negligence but is limited to foreseeable damages. This limitation does not apply to personal injury.
Licensor is not liable for damages resulting from breaches of Section 2 of this EULA or data loss. It is your responsibility to use backup functions provided by the Licensed Application.
WARRANTY
Licensor warrants that the Licensed Application is free from malware and functions as described in the user documentation.
No warranty is provided for issues arising from unauthorized modifications, improper handling, or incompatibility with hardware or software.
You must inspect the Licensed Application upon installation and report any defects within one (1) day.
If the application is defective, the Licensor may choose to remedy the defect or provide a substitute.
If the Licensed Application fails to meet any warranty, you may seek a refund through the Services Store Operator. Other than that, the Services Store Operator has no additional warranty obligations.
Claims based on faults expire twelve (12) months after the Licensed Application was made available to users who are entrepreneurs. Consumers are subject to statutory periods of limitation.
PRODUCT CLAIMS
Wayne ECommerce, LLC (dba Backyard Beats and Eats) is responsible for addressing any claims related to the Licensed Application, including product liability, regulatory compliance, and consumer protection issues, not the Services.
LEGAL COMPLIANCE
You represent that you are not located in a country subject to U.S. Government embargoes or on a list of prohibited parties.
CONTACT INFORMATION
For general inquiries, complaints, or questions regarding the Licensed Application, please contact:
Address
Backyard Beats and Eats by Wayne ECommerce, LLC
4446 Middlesboro
Clarkston, Michigan 48348-5082, United States
EIN: 99-1259834
D-U-N-S number: 122098822
Email: sales@backyardbeatsandeats.com
Phone: +1 (855) 648-3473
Hours: Monday thru Friday: 9:00am - 6:00pm
TERMINATION
This license is effective until terminated by Wayne ECommerce, LLC (dba Backyard Beats and Eats) or by you. Your rights will terminate automatically if you fail to comply with any terms of this EULA. Upon termination, you must stop using and destroy all copies of the Licensed Application.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Wayne ECommerce, LLC (dba Backyard Beats and Eats) will comply with applicable third-party terms. Apple and Google are third-party beneficiaries of this EULA and may enforce its terms.
INTELLECTUAL PROPERTY RIGHTS
In the event of any third-party claims that the Licensed Application infringes on intellectual property rights, Wayne ECommerce, LLC (dba Backyard Beats and Eats) will be responsible for handling such claims.
APPLICABLE LAW
This EULA is governed by the laws of the State of Michigan, excluding its conflicts of law rules.
MISCELLANEOUS
If any term of this agreement is found to be invalid, the remaining terms will remain in effect. Invalid terms will be replaced with valid terms that achieve the same purpose.
Changes to this agreement must be made in writing. The requirement for written modifications cannot be waived except in writing.
By using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by this EULA.