AMAZON APPSTORE FOR ANDROID TERMS OF USE

These Terms of Use are part of an agreement between you and Amazon Digital Services, Inc. (together with its affiliates, “Amazon” or “we”) regarding use of the Amazon Appstore for Android (“Amazon Appstore”) and associated software, services and purchases. Before you use the Amazon Appstore or download any Apps made available through it, please read these Terms of Use, the Amazon.com Privacy Notice at http://www.amazon.com/privacy, the Amazon.com Conditions of Use at http://www.amazon.com/conditionsofuse, and all rules and policies related to the Amazon Appstore (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the Amazon Appstore) (collectively, the “Agreement”).

IF YOU USE THE AMAZON APPSTORE, INCLUDING ANY ASSOCIATED SOFTWARE OR SERVICE, YOU WILL BE BOUND BY THIS AGREEMENT.

1. The Amazon Appstore

In the Amazon Appstore, you can access, browse, purchase and download software games, applications and other digital products for mobile devices ("Apps"). Apps include any content, ads, services, technology, data and other digital materials included in or made available through an App you download or use via the Amazon Appstore (including after you download it), other than any Appstore Software (as defined in Section 3.1) included in an App. Apps also include any updates, upgrades and other changes and versions that you later use or download from us.

We may make some Apps available via the Amazon Appstore at no charge and others for a price, as further described on our App detail pages. Most of the Apps we make available on the Amazon Appstore are provided and licensed to you by third parties, also as described on our App detail pages. From time to time, we may offer sales, give-aways and other promotions in the Amazon Appstore. We may modify or discontinue any of these promotions at any time without notice to you.

2. Using and Downloading Apps

2.1 General. After you order an App and pay any corresponding price to us, you may download a copy of the App for your personal use to a device on which you have installed and signed in to our Appstore Software. Apps can be used only on mobile devices that use the Android platform and meet certain other technical requirements. Generally, App mobile device requirements are described on or through our App detail pages.

2.2 Trial Access to Apps. We may offer free trial and other limited versions of Apps so you can preview Apps before you purchase the full version. These versions may have limited features, may restrict permitted time of use and may contain other limitations.

2.3 Mobile Data Fees; Access Charges; In-App Purchases. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Amazon Appstore or of Apps, including any trial versions. Some Apps may allow you to make payments or purchase products or services from within the App. Unless we expressly state otherwise in writing (for example, in connection with purchases made through our Amazon Shopping App), we are not a party to, and have no responsibility for, any payment or purchase transactions you make through an App.

2.4 All Sales Final. All purchases of Apps are final. We do not accept returns of Apps. Once you have purchased an App, we encourage you to download and access it promptly to be sure you have received it. If you are unable to complete a download or access an App, please contact Amazon customer service for assistance. Once you purchase an App and we make it available to you, you bear responsibility for completing the download and for all risk of loss of the App after download, including any loss due to a mobile device malfunction.

2.5 Downloading and Availability of Apps after Purchase. Once you have paid for an App, you may download copies of the App for your personal use to compatible Android devices. Each time you download an App to a particular device, you will first be required to download and install the Appstore Software, if it is not already available on the device, and to sign in to the Appstore Software using the user name and password for the Amazon.com customer account that you used to buy the App. We will usually continue making Apps you have purchased available to you in our Amazon Appstore so that you can download additional copies under the terms of this Agreement, but that is not always the case, and we may limit or disable further downloads of an App due to licensing restrictions or for other reasons.

2.6 Ratings. We may provide age and content ratings for Apps that are based on information provided to us by the Publisher or other third parties. While we require Publishers to provide accurate information regarding the content of their Apps, we cannot ensure that App ratings are accurate or that Apps do not include content that is offensive, indecent, or objectionable.

3. Use of and Restrictions on Apps and Appstore Software

3.1 Appstore Software. We will make available to you software that you need to install on your device in order to download Apps purchased from the Amazon Appstore to that device and to access or use Apps on that device (the “Appstore Software”). The Appstore Software may allow you to access or use the Amazon Appstore from a device, and any purchase of Apps that you make via the Appstore Software will be charged to the 1-Click payment method associated with the Amazon.com account you used to sign in to the Appstore Software. Publishers may choose to protect their Apps using a digital rights management (“DRM”) system implemented through the Appstore Software. Appstore Software includes any software we include in an App to enable the DRM or for other purposes. If you uninstall the Appstore Software from your device or sign out of your Amazon.com account in the Appstore Software, you will not be able to access or use any Apps on your device that Publishers have protected with DRM.

3.2 Use of Appstore Software. You may use the Appstore Software only in connection with the Amazon Appstore or Apps available through it. Unless and to the extent specifically provided otherwise in the Appstore Software or related documentation (including any Readme file), you may not (a) separate any individual component of the Appstore Software for use, (b) incorporate any portion of the Appstore Software into other software or compile any portion of it in combination with other software, (c) use it, or any portion of it, with another service, (d) sell, rent, lease, lend, loan, assign or sublicense the Appstore Software or otherwise transfer any rights to it in whole or in part, (e) modify, reverse engineer, decompile or disassemble the Appstore Software in whole or in part, or create any derivative works from or of the Appstore Software, or encourage, assist or authorized any other person to do any of these things, (f) make copies of or distribute Appstore Software or electronically transfer it or any portion of it from one device to another or make it available over a network, or (g) attempt to disable, bypass, modify, defeat, or otherwise circumvent the DRM or any other security or content protection system used in connection with the Amazon Appstore. We may discontinue some or all of any Appstore Software at any time. We may also terminate your right to use the Appstore Software at any time, and in such event we may modify it to make it inoperable or take other actions to restrict access to or availability of the Appstore Software.

3.3 Software Updates. We may offer updates of the Appstore Software from time to time for feature enhancement, security or other purposes. We recommend that you promptly accept and install updates we make available to you, and we may make certain updates required for your continued use of the Amazon Appstore. The Appstore Software may automatically check for updates, but the Appstore Software will not automatically update without your consent, unless you provide us your consent to automatic updates.

3.4 Information Provided. Amazon respects your privacy, and the Appstore Software will not access files or other information on any device where your Apps are located that are not used by or otherwise related to the Appstore Software or performance of the Apps. The Appstore Software and Apps will provide Amazon with information relating to the download, use and performance of the Appstore Software and your Apps, as well as information regarding the devices on which you download and use the Appstore Software or Apps. For example, the Appstore Software and Apps may provide Amazon with information about the device type, mobile network connectivity, location of the device running an App, information about when an App is launched, individual session lengths for Apps, or why an App may not be working. Any information we receive is subject to the Amazon.com privacy notice located at www.amazon.com/privacy.

3.5 Separate Licenses to Use Apps. Your use of an App will be governed by the terms and conditions of an end user license agreement between you and the Publisher of the App (a “EULA”). The EULA for an App includes the terms set forth below (the “Standard EULA”) and any additional end user license terms included in the App (the “Publisher EULA”). If there is a conflict between the Standard EULA and the Publisher EULA, the Standard EULA will control. The Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for an App, you must not use that App. Amazon is not a party to the EULA for any App (unless Amazon is the Publisher of that App). The Standard EULA includes the following end user license terms, and if the App does not include a Publisher EULA, these terms will constitute the entire EULA between you and the Publisher:

(i) The Publisher is the licensor of the App.

(ii) If the App does not include a Publisher EULA that specifies App license rights, Publisher grants you a limited, nontransferable license to download and use the App only for your personal and noncommercial purposes.

(iii) You may download additional copies of the App to compatible Android devices that have been linked to the Amazon.com customer account that you used to buy the App in accordance with Amazon’s rules and policies for the Amazon Appstore.

(iv) Any information that Publisher collects from you or your device will be subject to any Publisher EULA, privacy notice, or similar terms that the Publisher provides to you, and will not be subject to the Amazon.com Privacy Notice.

(v) You may not modify, reverse engineer, decompile or disassemble the App in whole or in part, or create any derivative works from or sublicense any rights in the App, unless otherwise expressly authorized in writing by Publisher.

(vi) The App is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the App, and the App is licensed, not sold.

(vii) You acknowledge and agree that Amazon has no responsibility or liability with respect to your use of the App or any content or functionality in the App.

3.6 Compliance with Law and Reservation of Rights. You will use the Amazon Appstore and Appstore Software in compliance with all applicable laws. Except for the rights explicitly granted to you in this Agreement and in the EULA for each App, all right, title and interest in the Amazon Appstore, Apps and the Appstore Software are reserved and retained by their respective providers, publishers and rightsholders. You do not acquire any ownership rights in the Appstore Software as a result of downloading, installing or using such software or the Amazon Appstore. We reserve the right to change, remove, suspend, or disable any App without notice or liability.

4.Limited to U.S.

We are currently only able to make Apps available to customers located in the United States. We regret that you may not purchase or download Apps if you are outside the United States. If you are inside the United States, you may not transfer Apps outside the United States. “United States” refers to the 48 contiguous states, the District of Columbia, Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands.

5. General

5.1 Compliance with Export Laws and Regulations; U.S. Government Users. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Appstore Software or any App. If you are a U.S. Government end user, we are licensing the Appstore Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant to you for the Appstore Software are the same as the rights we customarily grant to others under this Agreement.

5.2 Termination; Amendments. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Amazon Appstore and the Appstore Software, and we may immediately revoke your access to the Amazon Appstore without notice to you and without refund of any purchases. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Amazon.com website. Your continued use of the Amazon Appstore or the Appstore Software after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

5.3 Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.com Conditions of Use: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Appstore Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our total liability to you for all damages arising from your use of the Amazon Appstore, the Apps, or information, materials or products included on or otherwise made available to you through the Amazon Appstore exceed the amount you paid to us to purchase the App related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

5.4 Contact Information. For communications concerning this Agreement, please write to Amazon, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226.