App Store Sourced Application Sample Clauses

App Store Sourced Application a. With respect to Apps accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Company reserves all rights in and to the Apps not expressly granted to you under this Agreement. b. You acknowledge and agree that (i) this Agreement is valid between you and Company only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and the Company Platform Content. c. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application. d. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application. e. Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Company, Company and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, 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. f. Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. g. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, 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 for App Store Sourced Applications against you as a third-party beneficiary thereof. h. Without limiting any provisions of this Agreement, you must comply with...
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App Store Sourced Application. You acknowledge and agree that the availability of Finicast products via mobile application or extensions purchased through a marketplace (“App Store Sourced Application”) will be dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, a “Marketplace”). You acknowledge that the Agreement is between you and Finicast and not with the Marketplace. Finicast, not the Marketplace, is solely responsible for the Services, including the App Store Sourced Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App Store Sourced Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App Store Sourced Application. You agree to comply with, and your license to use the App Store Sourced Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the App Store Sourced Application. You acknowledge that the Marketplace (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
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App Store Sourced Application i. This Section explains terms related to accessing and downloading an App Store Sourced Application.
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Related to App Store Sourced Application

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