MOBILE APPLICATION LICENSE. Nasuni grants you a non-transferable, non-exclusive license to download, install and use the Nasuni mobile application on a mobile device that you own or control, subject to the terms of this Agreement and any additional terms and conditions governing the use of the mobile application imposed by your mobile service provider. If there is a conflict between the terms of this Agreement and the terms imposed by your mobile service provider, the more restrictive provisions control. For Apple devices: You acknowledge that your rights to access and use the Nasuni mobile application is between you and Nasuni and not with Apple Inc. or its affiliates (“Apple”) and that Apple has no responsibility for the Nasuni mobile application or its content. Your use of the Nasuni mobile application on Apple devices must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to furnish any maintenance or support services for the Nasuni mobile application. If the Nasuni mobile application fails to meet the limited warranty set forth in this Agreement, you may notify Apple and Apple will, as your sole remedy for such failure, refund the purchase price paid to Apple for the Nasuni mobile application to the maximum extent permitted by applicable law. Apple will have no other obligation to you for breach of the warranty applicable to the Nasuni mobile application. Each party acknowledges that Apple is not responsible for addressing your claims or the claims of any third party relating to the Nasuni mobile application, including (1) any product liability claim, (2) any claim that the Nasuni mobile application fails to conform to any applicable legal or regulatory requirement, and (3) any claim arising under any consumer protection or similar legislation. Each party acknowledges that, in the event of a third-party claim that the Nasuni mobile application or your use of the Nasuni mobile application infringes any third party’s intellectual property rights, Nasuni and not Apple is solely responsible for its investigation, defense, settlement and discharge to the extent required by this Agreement. Each party agrees that Apple and its subsidiaries are third party beneficiaries to this Agreement as it relates to your use of the Nasuni mobile application and that, upon your acceptance of this Agreement, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you (with respect to the Nasuni mobile application) as a third party beneficiary.
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Sources: Subscription Agreement, Subscription Agreement, Subscription Agreement