End User
License Agreement

1.1 “Free Version” means the version of the Software made available at no charge, with limited features as described at the time of download.

1.2 “Paid Subscription” means a paid, time-limited license to the Software and its premium features, sold on a one-year (annual) basis under the tier you select (Student, Individual, or Commercial).

1.3 “Subscription Term” means the one-year period beginning on the date your Paid Subscription is activated.

1.4 “Documentation” means user guides, help files, and related materials provided with the Software.

2.1 Free Version. Subject to this Agreement, MathMonkeys grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Free Version for your personal, educational, or internal business purposes.

2.2 Paid Subscription. Subject to your payment of applicable fees and compliance with this Agreement, MathMonkeys grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Software at the tier purchased for the duration of the Subscription Term. The Commercial tier additionally permits use in connection with commercial and revenue-generating activities; the Student and Individual tiers are limited to personal, educational, and non-commercial use.

2.3 Devices. You may install and use the Software on devices that you own or control, subject to any device limits stated at the point of purchase or in the applicable app store terms.

3.1 Paid Subscriptions are sold for a one-year term. Fees are stated at the time of purchase and are non-refundable except as required by law or by the terms of the applicable distribution platform.

3.2 Where offered, subscriptions may renew automatically at the then-current price unless cancelled before the renewal date through the platform from which you purchased (e.g., the Apple App Store or Google Play). You are responsible for managing renewal and cancellation through that platform.

3.3 Upon expiration or non-renewal of a Paid Subscription, premium features may become unavailable, and the Software may revert to Free Version functionality or cease to operate, at MathMonkeys’ discretion.

You shall not, and shall not permit any third party to:

• copy, modify, adapt, translate, or create derivative works of the Software except as expressly permitted;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, except to the extent such restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software or your license rights;
• remove, alter, or obscure any proprietary notices, labels, or marks;
• circumvent or disable any licensing, security, or usage-control mechanisms; or
• use the Software in violation of any applicable law or regulation.

The Software is licensed, not sold. MathMonkeys and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. All rights not expressly granted to you are reserved.

6.1 You retain ownership of mathematical notebooks, documents, and other content you create using the Software (“User Content”).

6.2 You are solely responsible for your User Content and for maintaining backups. MathMonkeys is not responsible for any loss, corruption, or unavailability of User Content.

6.3 To the extent the Software transmits User Content to MathMonkeys’ servers or third-party services (e.g., for cloud features), you grant MathMonkeys a limited license to host, store, and process such content solely to provide the Software’s features.

MathMonkeys may, but is not obligated to, provide updates, upgrades, bug fixes, or new versions. This Agreement governs any such updates unless accompanied by separate terms.

The Software may include third-party software components (including open-source components) and may interoperate with third-party services. Such components and services are governed by their own terms, and your use of them is at your own risk.

The Software is provided “as is” and “as available,” without warranty of any kind. To the maximum extent permitted by law, MathMonkeys disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. MathMonkeys does not warrant that the Software will be error-free, uninterrupted, or that mathematical or computational results will be accurate or suitable for any particular purpose. You are responsible for verifying any results before relying on them.

To the maximum extent permitted by law, and subject to Section 16.5 for copies obtained through the Apple App Store, MathMonkeys shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to this Agreement or the Software. MathMonkeys’ total aggregate liability shall not exceed the greater of (a) the amount you paid for the Software in the twelve months preceding the claim, or (b) USD $50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11.1 This Agreement is effective until terminated. Your rights terminate automatically if you breach any term.

11.2 MathMonkeys may suspend or terminate your license for breach. Upon termination, you must cease all use and delete all copies of the Software.

11.3 Sections that by their nature should survive termination (including Ownership, Disclaimer, Limitation of Liability, and Governing Law) shall survive.

You agree to comply with all applicable export and import laws and regulations and represent that you are not located in, or a national of, any country subject to applicable embargoes or restrictions.

13.1 This Agreement is governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles.

13.2 Dispute Resolution; Arbitration.

(a) Informal Resolution. Before initiating any formal proceeding, you and MathMonkeys agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Software (a “Dispute”) informally by contacting the other party in writing. If the Dispute is not resolved within sixty (60) days, either party may proceed as set forth below.

(b) Binding Arbitration. Except as provided in subsection (d), any Dispute that cannot be resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Seat and Venue. The seat of arbitration shall be Montgomery County, Maryland. Any in-person arbitration hearing shall take place in Montgomery County, Maryland, unless the parties agree otherwise or the arbitrator determines that another location is required by applicable law. The arbitration shall be conducted in the English language.

(d) Exceptions. Either party may (i) bring an individual claim in a small-claims court of competent jurisdiction, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. For any such court proceeding, and for any Dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Maryland, and waive any objection to such venue on grounds of inconvenient forum.

(e) Class-Action Waiver. To the maximum extent permitted by law, any Dispute shall be resolved on an individual basis. You and MathMonkeys agree that neither party will bring or participate in any class, collective, consolidated, or representative action, and the arbitrator shall have no authority to arbitrate any claim on a class or representative basis.

(f) Severability of This Section. If the class-action waiver in subsection (e) is found unenforceable as to a particular claim, that claim shall be severed and adjudicated in court, while the remainder of this Section 13.2 continues to apply to all other Disputes. If subsection (b) as a whole is found unenforceable, the parties’ Disputes shall be resolved in the courts identified in subsection (d).

14.1 This Agreement constitutes the entire agreement between you and MathMonkeys regarding the Software and supersedes all prior agreements.

14.2 If any provision is held unenforceable, the remaining provisions remain in effect.

14.3 MathMonkeys’ failure to enforce any right is not a waiver.

14.4 MathMonkeys may update this Agreement; continued use after changes constitutes acceptance.

14.5 You may not assign this Agreement; MathMonkeys may assign it freely.

You agree to comply with all applicable laws and regulations in your use of the Software, including those governing intellectual property, privacy, and the export and import of technology.

This Section 16 applies only to the Software obtained through the Apple App Store (the “Licensed Application”). In the event of any conflict between this Section 16 and the other terms of this Agreement, this Section 16 controls with respect to the Licensed Application.

16.1 Acknowledgement. You and MathMonkeys acknowledge that this Agreement is concluded between you and MathMonkeys only, and not with Apple Inc. (“Apple”), and that Apple is not responsible for the Licensed Application or its content. MathMonkeys, not Apple, is solely responsible for the Licensed Application and the content thereof. This Agreement does not provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions or the App Store terms of service in effect as of the date you accept this Agreement.

16.2 Scope of License. The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where permitted.

16.3 Maintenance and Support. MathMonkeys is solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this Agreement or as required by applicable law. You and MathMonkeys acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

16.4 Warranty. MathMonkeys is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be MathMonkeys’ sole responsibility.

16.5 Product Claims. MathMonkeys, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement does not limit MathMonkeys’ liability to you beyond what is permitted by applicable law.

16.6 Intellectual Property Rights. In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, MathMonkeys, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

16.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16.8 Developer Name and Address. Any questions, complaints, or claims with respect to the Licensed Application should be directed to MathMonkeys LLC, 9821 Washingtonian Blvd, Suite 200, Gaithersburg, Maryland 20878 USA 240.454.0222, info@livemath.com.

16.9 Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application.

16.10 Third Party Beneficiary. You and MathMonkeys acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

MathMonkeys LLC
9821 Washingtonian Blvd, Suite 200, Gaithersburg, Maryland 20878 USA 240.454.0222
info@livemath.com