Common use of App Store Sourced Application Clause in Contracts

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 all applicable third party terms of agreement when using the App Store Sourced Application.

App Store Sourced Application. a. With respect to Apps any application accessed through or downloaded from the Google Play or Apple App Store (“App Store Sourced ApplicationApplications”), you agree that you will use the App Store Sourced Application Applications only: (i) on an Apple-branded product products that runs iOS (Apple’s run the required proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in by the Apple respective App Store in their Terms of Service. Company The TOW TRUCK COMPANY WEBSITE reserves all rights in and to the Apps application not expressly granted to you under this Agreement. b. these User Terms. You acknowledge and agree that (i) this Agreement is these User Terms are valid between you and Company the TOW TRUCK COMPANY WEBSITE only, and, that Apple is and not a party to this Agreement other than as third-party beneficiary as contemplated belowGoogle or Apple, and (ii) Companythe TOW TRUCK COMPANY WEBSITE, not Google or Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the Company Platform Content. c. App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Google and Apple has have no obligation whatsoever to furnish any maintenance or and support services to you with respect to the App Store Sourced Application. d. To . In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Google and Apple, and Google and Apple will, where applicable, 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. e. Notwithstanding anything . As between the TOW TRUCK COMPANY WEBSITE and Google and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the contrary herein, sole responsibility of the TOW TRUCK COMPANY WEBSITE. You and subject to the terms in this Agreement, you TOW TRUCK COMPANY WEBSITE acknowledge that, solely as between Apple the TOW TRUCK COMPANY WEBSITE and CompanyGoogle and Apple, Company Google and not Apple is not responsible for addressing any claims you may have or any claims of any third party relating to the App Store Sourced Application, Application or your possession and/or and use thereofof the App Store Sourced Application, including, but not limited, 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 and the TOW TRUCK COMPANY WEBSITE acknowledge that, you agree in the event of any third party claim that if the App Store Sourced Application, Application or your possession and use of the that App Store Sourced Application, Application infringes on a that third party’s intellectual property rights, you as between TOW TRUCK COMPANY WEBSITE and Apple, the TOW TRUCK COMPANY WEBSITE, not Apple, will not hold Apple be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. g. claim to the extent required by this Agreement. You and the TOW TRUCK COMPANY WEBSITE acknowledge and agree that Google and Apple, and Google and Apple’s subsidiaries, are third-third party beneficiaries relating to your license of this Agreement for the App Store Sourced ApplicationsApplication, and that, upon your acceptance of the terms and conditions of this Agreementthese User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for the rights under these User Terms as related to your license of the App Store Sourced Applications Application against you as a third-third party beneficiary thereof. h. . Without limiting any other provisions of this Agreementthese User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

App Store Sourced Application. a. i. With respect to Apps the App 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)) that you own or control; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Company LSPI reserves all rights in and to the Apps App not expressly granted to you under this Agreement. b. ii. You acknowledge and agree that (iA) this Agreement is valid between you and Company LSPI only, and, that (B) Apple is not a party to this Agreement other than as a third-party beneficiary as contemplated below, and (iiC) CompanyLSPI, not Apple, is solely responsible for the App Store Sourced Application and the Company Platform ContentMy LSPI. c. iii. 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. iv. 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 of the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. e. v. Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and CompanyLSPI, Company LSPI 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. vi. 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. vii. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Agreement for regarding 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 subsection of the Agreement for regarding App Store Sourced Applications against you as a third-party beneficiary thereof. h. Without limiting viii. You represent and warrant that (A) you are 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 (B) you are not listed on any provisions U.S. Government list of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Applicationprohibited or restricted parties.

App Store Sourced Application. a. (i) 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 software (Apple’s 's proprietary operating system software); and (ii) as permitted by the “"Usage Rules” " set forth in the Apple App Store Terms of Service. Company AslyDost reserves all rights in and to the Apps not expressly granted to you under this Agreement. b. (ii) You acknowledge and agree that (i) this Agreement is valid between you and Company AslyDost only, and, that Apple is not and shall not be a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) CompanyAslyDost, not Apple, is solely responsible for the App Store Sourced Application and the Company AslyDost Platform Content. c. (iii) 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. (iv) To the maximum extent permitted by applicable lawthe Applicable Laws, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application. e. (v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and CompanyAslyDost, Company AslyDost 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. (vi) 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 '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. (vii) You acknowledge and agree that Apple, and Apple’s '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. (viii) Without limiting any provisions of this Agreement, you must comply with all applicable third third- party terms of agreement when using the App Store Sourced Application.