Common use of Apple App Store Clause in Contracts

Apple App Store. a. The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ): i. You acknowledge and agree that (i) this Agreement is entered into between you and Aider only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Aider, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. iii. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Aider and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aider, subject at all times to warranty limitations and exclusions set forth in this Agreement. iv. You and Aider acknowledge that, as between Aider and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. v. You and ▇▇▇▇▇ acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between Aider and Apple, Aider (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, 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 as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

Apple App Store. a. The following applies to any If you obtained the App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ): i. You , you and AECOM acknowledge and agree that (ito the full extent permitted by applicable law): (a) this Agreement document is entered into concluded between you and Aider AECOM only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated belowwith Apple, and (ii) AiderAECOM, not Apple, is solely responsible for the App Store-Sourced Application and the content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.; ii. You acknowledge that (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this ▇▇▇▇ or applicable law; (c) AECOM, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store-Sourced Application.or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii. In ) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOM, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the ▇▇▇▇; (f) upon your acceptance of this ▇▇▇▇, Apple will have the right (and will be deemed to have accepted the right) to enforce the ▇▇▇▇ against you as a third party beneficiary thereof; and (g) in the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you andyou. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Aider App, and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aider, subject at all times to warranty limitations and exclusions set forth dealt with by AECOM in accordance with this Agreementagreement. iv. You and Aider acknowledge that, as between Aider and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. v. You and ▇▇▇▇▇ acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between Aider and Apple, Aider (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, 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 as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

Apple App Store. a. The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ): i. You acknowledge and agree that (i) this Agreement is entered into between you and Aider only, and Apple is not a party to this Agreement other than as third-third- party beneficiary as contemplated below, and (ii) Aider, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. iii. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Aider and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aider, subject at all times to warranty limitations and exclusions set forth in this Agreement. iv. You and Aider acknowledge that, as between Aider and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. v. You and ▇▇▇▇▇ Aider acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Store- Sourced Application infringes that third party's intellectual property rights, as between Aider and Apple, Aider (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, 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 as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

Apple App Store. a. The following applies to any If you obtained the App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ): i. You , you and Drone Sharks acknowledge and agree that (ito the full extent permitted by applicable law): (a) this Agreement document is entered into concluded between you and Aider Drone Sharks only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated belowwith Apple, and (ii) AiderDrone Sharks, not Apple, is solely responsible for the App Store-Sourced Application and the content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.; ii. You acknowledge that (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this ▇▇▇▇ or applicable law; (c) Drone Sharks, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store-Sourced Application.or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii. In ) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, Drone Sharks, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the ▇▇▇▇; (f) upon your acceptance of this ▇▇▇▇, Apple will have the right (and will be deemed to have accepted the right) to enforce the ▇▇▇▇ against you as a third party beneficiary thereof; and (g) in the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you andyou. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Aider App, and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aider, subject at all times to warranty limitations and exclusions set forth dealt with by Drone Sharks in accordance with this Agreementagreement. iv. You and Aider acknowledge that, as between Aider and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. v. You and ▇▇▇▇▇ acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between Aider and Apple, Aider (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, 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 as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

Apple App Store. a. The following applies If the EasyAnatomy App is provided to any App accessed User for download through or downloaded from the Apple App Store Inc. (an "Apple Inc. together with all of its affiliates, “Apple”) App Store-Sourced Application" ): i. You acknowledge , the following terms and agree that conditions shall apply: (i) LlamaZOO and User acknowledge that this Agreement is entered into concluded between you LlamaZOO and Aider onlyUser, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated belowwith Apple, and (ii) Aiderthat, not as between LlamaZOO and Apple, LlamaZOO is solely responsible for the EasyAnatomy App Store-Sourced Application and the content thereof. Your ; (ii) notwithstanding anything to the contrary hereunder, User may use of the EasyAnatomy App Storeonly on an Apple-Sourced Application must comply with branded product or device that runs iOS and as permitted by the App “Usage Rules” set forth in the Apple Store Terms of Service. ii. You ; (iii) LlamaZOO and User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and or support services with respect to the App Store-Sourced Application. iii. In EasyAnatomy App; (iv) in the event of any failure of the EasyAnatomy App Store-Sourced Application to conform to any applicable warranty, you User may notify Apple, and Apple will refund the purchase price for the EasyAnatomy App Store-Sourced Application (if any) to you andUser. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Aider EasyAnatomy App, and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aider, subject at all times LlamaZOO to warranty limitations and exclusions set forth in the extent required by this Agreement. iv. You ; (v) LlamaZOO and Aider User acknowledge that, as between Aider and Apple, that Apple is not responsible for addressing any claims you have of User or any claims of any third party relating to the EasyAnatomy App Store-Sourced Application or your User’s possession and use of the App Store-Sourced ApplicationEasyAnatomy App, including, including but not limited to: (ia) product liability claims; (iib) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iiic) claims arising under consumer protection or similar legislation. v. You ; (vi) LlamaZOO and ▇▇▇▇▇ User acknowledge that, in the event of any third party claim that the EasyAnatomy App Store-Sourced Application or your User’s possession and use of that the EasyAnatomy App Store-Sourced Application infringes that third party's ’s intellectual property rights, as between Aider and Apple, Aider (and not Apple) LlamaZOO will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only claim to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiariesApple will have no responsibility for the foregoing; (vii) User represents and warrants that User is not: (a) located in any country that is subject to a U.S. Government embargo, are or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties; (iix) User may contact LlamaZOO regarding any questions, complaints or claims with respect to the EasyAnatomy App at the contact information set out in Section 15.10, below; (ix) User must comply with all applicable third party beneficiaries terms of agreement when using the EasyAnatomy App; and (x) LlamaZOO and User acknowledge that Apple is a third party beneficiary to this Agreement as related to your license of the App Store-Sourced Application, and thatand, upon your User’s 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 as related to your license of the App Store-Sourced Application against you User as a third party beneficiary thereof. vii. Without limiting To the extent that this Section 3.1 is inconsistent with any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Applicationthis Section 3.1 will prevail.

Apple App Store. a. The following applies to any If you obtained the App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ): i. You , you and AFC acknowledge and agree that (ito the full extent permitted by applicable law): (a) this Agreement ▇▇▇▇ is entered into concluded between you and Aider AFC only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated belowwith Apple, and (ii) AiderAFC, not Apple, is solely responsible for the App Store-Sourced Application and the content thereof. Your use of ; (b) the license granted to you for the App Storeis a non-Sourced Application must comply transferable license to use the App 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 such App may be accessed and used by other accounts associated with the App Store Terms of Service.purchaser via family sharing or volume purchasing; ii. You acknowledge that (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.App, either under this ▇▇▇▇ or applicable law; iii. In (d) in the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you andyou. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Aider App, and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aiderdealt with by AFC in accordance with this ▇▇▇▇; (e) AFC, subject at all times to warranty limitations and exclusions set forth in this Agreement. iv. You and Aider acknowledge that, as between Aider and not Apple, Apple is not responsible for addressing any claims by you have or any claims of any third party relating to the App Store-Sourced Application or your possession and and/or use of the App Store-Sourced ApplicationApp, including, including but not limited to: : (i) product liability claims; ; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and or (iii) claims arising under consumer protection protection, privacy or similar legislation.legislation including in connection with the App's use (if applicable) of Apple's HealthKit and HomeKit frameworks; v. You and ▇▇▇▇▇ acknowledge that, (f) in the event of any third party claim that the App Store-Sourced Application or your possession and and/or use of that the App Store-Sourced Application by you infringes that third party's intellectual property Intellectual Property rights, as between Aider and AFC, not Apple, Aider (and not Apple) will be solely responsible for the investigation, defensedefence, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.; vi. You and Aider acknowledge and agree that (g) Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, ▇▇▇▇ 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 as related to your license of the App Store-Sourced Application ▇▇▇▇ against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.