Mobile Application End User License Agreement

Last modified: June 21, 2023

This Mobile Application End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and Precept, a Tennessee nonprofit corporation (“Precept“). This Agreement, as well as our Mobile Application Privacy Policy, found here (“Privacy Policy“), and our Mobile Application Terms of Use, found here (“Terms of Use“), governs your use of the Yarrow mobile application (including all related documentation, the “Application“) on your mobile device. The Application and its contents are licensed, not sold, to you.

BY DOWNLOADING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION.

1. License Grant. Subject to the terms of this Agreement, Precept grants you a limited, non-exclusive, and nontransferable license to:
   1. download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation; and 
   2. access, download, and use on such Mobile Device the Application’s content and scripture modules (“Content“) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and our Terms of Use.
2. Account.  Your use of the Application requires that you set up an account on the Application and agree to the terms governing accounts and subscriptions in our Terms of Use and Privacy Policy. Precept reserves the right to suspend or terminate your access to the Application at any time based on the status of your account subscription. You understand that if your account is suspended or terminated, you may no longer have access to the Application or its Content.
3. License Restrictions. You shall not:
   1. copy the Application, except as expressly permitted by this license;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
   6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
4. Reservation of Rights. You acknowledge and agree that the Application and its Contents are provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application or its Contents in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Precept and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application and its Contents, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. For the avoidance of doubt, if you purchase any Content on the Application, you are purchasing the right to access and use such Content in accordance with this Agreement and our Terms of Use only. In no event do you acquire any ownership interest in any Content, regardless of whether you purchase access to the content on the Application or subscribe for access to the Content.
5. Changes to this EULA. Precept reserves the right to modify this EULA at any time and for any reason. Precept will post the most current version of this EULA at www.yarrow.org/mobile-application-end-user-license-agreement. If Precept makes material changes to this EULA, you will receive notification via the Application. Your continued use of the Application after Precept publishes notice of changes to this EULA indicates your consent to the updated terms.
6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Precept may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7. Geographic Restrictions. The owner of the Application is based in the state of Tennessee in the United States and provides the Application for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Application or its Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application or Content from outside the United States, you are responsible for compliance with local laws.
8. Updates. Precept may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Precept has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
   1. the Application will automatically download and install all available Updates; or
   2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Precept is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Precept does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. Crossways License. The ESV® Bible text used by the Application is licensed from Crossways, a publishing ministry of Good News Publishers, an Illinois not-for-profit corporation (“Crossways”). Crossway’s Standard Use Guidelines allow for the ESV text to be quoted in print, digital, and audio formats, up to and inclusive of five hundred (500) verses without express written permission of Crossway, provided that the verses quoted do not amount to more than one-half of any one book of the Bible or its equivalent measured in bytes, nor do the verses quoted account for twenty-five percent (25%) or more of the total text of the work in which they are quoted.
    
    Notice of copyright must appear as follows on the title page or copyright page of works quoting from the ESV, or in a corresponding location when the ESV is quoted in other media:
    
    “Scripture quotations are from the ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway, a publishing ministry of Good News Publishers. Used by permission. All rights reserved. The ESV text may not be quoted in any publication made available to the public by a Creative Commons license. The ESV may not be translated in whole or part into any other language.
    
    Users may not copy or download more than 500 verses of the ESV Bible or more than one-half of any book of the ESV Bible.”
    
    When more than one translation is quoted in printed works or another media, the foregoing notice of copyright should begin as follows:
    
    “Unless otherwise indicated, all Scriptures are from … [etc.]”, or,
    “Scripture quotations marked ESV are from . . . [etc.].”
    
    The “ESV” and “English Standard Version” are registered trademarks of Good News Publishers. Use of either trademark requires the permission of Crossway.
    
    When quotations from the ESV text are used in non-saleable print and digital media, such as church bulletins, orders of services, posters, transparencies, or similar media, a complete copyright notice is not required, but the initials (ESV) must appear at the end of a quotation.
    
    Permission requests that exceed Crossway’s Standard Use Guidelines must be submitted to Crossway via www.crossway.org/permissions/.
    
    The Holy Bible, English Standard Version (ESV) is adapted from the Revised Standard Version of the Bible, copyright Division of Christian Education of the National Council of the Churches of Christ in the U.S.A. All rights reserved.
    
    The ESV Bible and related resources are available for free access online and on mobile devices everywhere worldwide at www.ESV.org.
    
    For more information, visit www.crossway.org/permissions/.
    
11. Term and Termination.
    1. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Precept as set forth in this Section 10.
    2. You may terminate this Agreement by deleting your account and the Application and all copies thereof from your Mobile Device.
    3. Precept may terminate this Agreement at any time without notice if it ceases to support the Application, which Precept may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination:
       1. all rights granted to you under this Agreement will also terminate; and
       2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    5. Termination will not limit any of Precept’s rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PRECEPT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PRECEPT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRECEPT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT FOR:
    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO THE RELEVANT CONTENT ON THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PRECEPT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

13. Indemnification. You agree to indemnify, defend, and hold harmless Precept and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
14. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in Chattanooga and Hamilton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Entire Agreement. This Agreement, our Terms of Use and our Privacy Policy constitute the entire agreement between you and Precept with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.