If you have obtained the Application from Apple’s online store, then the following terms apply:
- You acknowledge that this Agreement is between you and Company, not Apple, and that, as between you and Company, Company is solely responsible for the Application and the contents thereof.
- Notwithstanding anything in this Agreement to the contrary, the license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Company and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
- Company and you acknowledge that Company, not Apple, are responsible for addressing any of your claims or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks.
- Company and you acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Company represents and warrants that (i) it is 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) it is not listed on any U.S. Government list of prohibited or restricted parties.
- Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.