Common use of Additional Mobile Application Terms Clause in Contracts

Additional Mobile Application Terms. The following additional terms and conditions apply with respect to any App that WellAware provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): • You acknowledge that these Terms are between you and WellAware only, and not with Apple, Inc. (“Apple”). • Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service. • WellAware, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty. • You agree that WellAware, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App. • You agree that WellAware, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App. “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. • You agree to comply with all applicable third party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App). • You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as its terms relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you its terms they relate to your license of the iOS App as a third party beneficiary thereof.. The following additional terms and conditions apply with respect to any App that WellAware provides to you designed for use on an Android-powered mobile device (an “Android App”): • You acknowledge that these Terms are between you and WellAware only, and not with Google, Inc. (“Google”). • Your use of WellAware’s Android App must comply with Google’s then-current Android Market Terms of Service. • Google is only a provider of the Android Market where you obtained the Android App. WellAware, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Android App or these Terms.

Additional Mobile Application Terms. The following additional terms and conditions apply with respect to any App Application that WellAware COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): • You acknowledge that these Terms are between you and WellAware COMPANY only, and not with Apple, Inc. (“Apple”). • Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service. • WellAwareCOMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty. • You agree that WellAwareCOMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to the our iOS App or your possession and/or use of the our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App. • You agree that WellAwareCOMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the our iOS App or your possession and use of the our iOS App. 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 you are not listed on any U.S. Government list of prohibited or restricted parties. • You agree to comply with all applicable third party terms of agreement when using the our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App). • You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as its terms they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you its terms as they relate to your license of the iOS App as a third party beneficiary thereof.. . The following additional terms and conditions apply with respect to any App application that WellAware COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”): • You acknowledge that these Terms are between you and WellAware COMPANY only, and not with Google, Inc. (“Google”). • Your use of WellAware’s the Android App must comply with Google’s then-current Android Market Google Play Terms of Service. • Google is only a provider of the Android Market where you obtained the Android App. WellAwareCOMPANY, and not Google, is solely responsible for the Android App and App, the services and content available thereonthereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.