Common use of App Stores Clause in Contracts

App Stores. If you or an End User associated with your account (collectively for the purpose of this clause “you”) have downloaded any our Software from a third party App Store, such as the Apple iTunes Application Store or Android Marketplace (the “App Store”), the following additional terms apply: ● Acknowledgment: Your license to use the Software is between you and us only. ● Scope of License: Your license to use the Software is non-transferable and applies only on a singular device that you own or control. Your license is subject to specific rules provided by the App Store. These are available from the App Store. ● Maintenance and Support: The App Store is not responsible for providing any maintenance or support of the Software. ● Warranty: We and not the App Store are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by us. Notwithstanding, in the event of any failure of the Software to conform to any applicable warranty, if you make a claim against the App Store it will be limited to the maximum extent permitted by applicable law to the purchase price for the Software within the App Store and the App Store will have no other warranty obligation whatsoever with respect to the Software. ● Product Claims: We and not the App Store are responsible for addressing any claims relating to the Software or your possession and/or use of the Software including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. ● Intellectual Property Rights: You and we acknowledge that, in the event of any Third Party claim that the Software or your possession and use of the Software infringes that Third Party’s Intellectual Property Rights, we and not the App Store will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

Appears in 1 contract

Sources: Customer Agreement

App Stores. If you You or an End User associated with your account (collectively for the purpose of this clause “you”) have downloaded any our Software from a third party App Store, such as the Apple iTunes Application Store or Android Marketplace (the “App Store”), the following additional terms apply: Acknowledgment: Your license to use the Software is between you and us only. Scope of License: Your license to use the Software is non-transferable and applies only on a singular device that you own or control. Your license is subject to specific rules provided by the App Store. These are available from the App Store. Maintenance and Support: The App Store is not responsible for providing any maintenance or support of the Software. Warranty: We and not the App Store are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by us. Notwithstanding, in the event of any failure of the Software to conform to any applicable warranty, if you make a claim against the App Store it will be limited to the maximum extent permitted by applicable law to the purchase price for the Software within the App Store and the App Store will have no other warranty obligation whatsoever with respect to the Software. Product Claims: We and not the App Store are responsible for addressing any claims relating to the Software or your possession and/or use of the Software including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. ● Intellectual Property Rights: You and we acknowledge that, in the event of any Third Party claim that the Software or your possession and use of the Software infringes that Third Party’s Intellectual Property Rights, we and not the App Store will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

Appears in 1 contract

Sources: End User License Agreement