Common use of App Stores Clause in Contracts

App Stores. 22.1 To the extent permitted by applicable law, the following supplemental terms shall apply when accessing Forex Insiders through specific devices: By downloading Forex Insiders from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that: These Terms govern the relationship between FIBV and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non- exclusive, non-transferable right to install Forex Insiders on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for Forex Insiders or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to Forex Insiders. In the event of any failure of Forex Insiders to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Forex Insiders, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Forex Insiders. Apple is not responsible for addressing any claims by you or a third party relating to Forex Insiders or your possession or use of Forex Insiders, including without limitation (a) product liability claims; (b) any claim that Forex Insiders fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that Forex Insiders or your possession and use of Forex Insiders infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. 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 U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

App Stores. 22.1 To You acknowledge and agree that the extent permitted by applicable lawavailability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the following supplemental terms shall apply when accessing Forex Insiders through specific devices: By downloading Forex Insiders from a device made by Apple, Inc. Apple iPhone or Android app stores (“AppleApp Store”) or from Apple’s ). You acknowledge that the Terms are between you and Ahillz and not with the App Store. Ahillz, not the App Store, is solely responsible for the Ahillz Premises, including the 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 Application, you specifically acknowledge and agree that: These Terms govern the relationship between FIBV and you; Apple is not a party to these Terms. The license granted to you hereunder is limited must have access to a personalwireless network, limitedand 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 Ahillz Premises, non- including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Ahillz Premises, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. Subject to your compliance with the Terms, in the event Ahillz offers a mobile application, Ahillz grants you a limited non-exclusive, non-transferable right transferable, non-sublicensable, revocable license to download, install Forex Insiders and use a copy of the Application on the Apple device(s) authorised by Apple a single mobile device or computer that you own or control and to run such copy of the Application solely for personalyour own personal or internal business purposes. Furthermore, nonwith respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-commercial use, subject to branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules Rules” set forth in Apple’s the Apple App Store Terms of ServicesService. Apple Without limiting the foregoing, the following applies to any App Store Sourced Application: You acknowledge and agree that • the Terms are concluded between you and Ahillz only, and not Apple, and • Ahillz, not Apple, is not solely responsible for Forex Insiders or the App Store Sourced Application and content thereof and thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or and support services with respect to Forex Insidersthe App Store Sourced Application. In the event of any failure of Forex Insiders the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Forex Insiders, if any, the App Store Sourced Application to you. To you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Forex Insidersthe App Store Sourced Application. As between Ahillz 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 Ahillz. You and Ahillz acknowledge that, as between Ahillz and Apple, Apple is not responsible for addressing any claims by you have or a any claims of any third party relating to Forex Insiders the App Store Sourced Application or your possession or and use of Forex Insidersthe App Store Sourced Application, including without limitation (a) including, but not limited to: • product liability claims; (b) • any claim that Forex Insiders the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) • claims arising under consumer protection or similar legislation. In You and Ahillz acknowledge that, in the event of any third-party claim that Forex Insiders the App Store Sourced Application or your possession and use of Forex Insiders that App Store Sourced Application infringes such that third party’s intellectual property rights, Apple is as between Ahillz and Apple, Ahillz, not Apple, will be solely responsible for the investigation, defencedefense, settlement or and discharge of any such intellectual property infringement claimclaim to the extent required by the Terms. You represent and warrant Ahillz acknowledge and agree that (a) you Apple, and Apple’s subsidiaries, 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 U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third third-party beneficiaries of these the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these the Terms as related to your license of the App Store Sourced Application against you as a third- party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable third-party beneficiary hereofterms of agreement when using the App Store Sourced Application.

App Stores. 22.1 To You acknowledge and agree that the extent permitted by applicable lawavailability of the Application is dependent on the third party from whom you received the Application license, e.g., the following supplemental terms shall apply when accessing Forex Insiders through specific devices: By downloading Forex Insiders from a device made by Apple, Inc. Apple App Store or Google Play (“AppleApp Store”) or from Apple’s ). You acknowledge that this Agreement is between you and CrisisGo and not with the App Store. CrisisGo, not the App Store, is solely responsible for the Services, including the 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 Application, you specifically 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 Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable thirdparty terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them. Accessing and Download the iOS Application. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that: These Terms govern that (i) this Agreement is concluded between you and CrisisGo only, and not Apple, and (ii) CrisisGo, not Apple, is solely responsible for the relationship between FIBV App Store Sourced Application and you; Apple is not a party to these Termscontent thereof. The license granted to you hereunder is limited to a personal, limited, non- exclusive, non-transferable right to install Forex Insiders on Your use of the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to App Store Sourced Application must comply with the Usage Rules set forth in Apple’s App Store Terms of ServicesService. You acknowledge that Apple is not responsible for Forex Insiders or the content thereof and has no obligation whatsoever to furnish any maintenance or and support services with respect to Forex Insidersthe App Store Sourced Application. In the event of any failure of Forex Insiders the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Forex Insiders, if any, the App Store Sourced Application to you. To you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Forex Insidersthe App Store Sourced Application. As between CrisisGo 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 CrisisGo. You and CrisisGo acknowledge that, as between CrisisGo and Apple, Apple is not responsible for addressing any claims by you have or a any claims of any third party relating to Forex Insiders the App Store Sourced Application or your possession or and use of Forex Insidersthe App Store Sourced Application, including without limitation including, but not limited to: (ai) product liability claims; (bii) any claim that Forex Insiders the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection or similar legislation. In You and CrisisGo acknowledge that, in the event of any third-party claim that Forex Insiders the App Store Sourced Application or your possession and use of Forex Insiders that App Store Sourced Application infringes such that third party’s intellectual property rights, Apple is as between CrisisGo and Apple, CrisisGo, not Apple, will be solely responsible for the investigation, defencedefense, settlement or and discharge of any such intellectual property infringement claimclaim to the extent required by this Agreement. You represent and warrant CrisisGo acknowledge and agree that (a) you Apple, and Apple’s subsidiaries, 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 U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third third-party beneficiaries of these Terms this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Termsthis Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary hereofthereof. 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. Additional terms This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are. If you are an individual who organizes a group of members, then you are an "Organizer." If you are an employee of an Organization or an individual who is invited to be a member of a group by an Organizer, you are a "Subscriber." If you are agreeing to this Agreement on behalf of an organization, such as a company, school, club, or team, you are an "Organization." You may not sign up for or use the CrisisGo Services as someone you are not; CrisisGo may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you. If you are a Subscriber: You will only join groups that you have been invited to, or to which you have been accepted into. If you are an Organization: You will only permit current employees and independent contractors of your organization to use the Services and to create their own groups. PRIOR TO CREATING ACCOUNTS FOR SUCH INDIVIDUALS AND PROVIDING SUCH INDIVIDUALS’ PERSONAL DATA TO THE SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU WILL OBTAIN THE EXPRESS WRITTEN CONSENT OF EACH EMPLOYEE OR INDEPENDENT CONTRACTOR TO PROVIDE SUCH INDIVIDUAL’S PERSONAL DATA TO THE SERVICES AND FOR THE SERVICES TO USE SUCH PERSONAL DATA TO SEND E-MAIL AND SMS AUDIO AND TEXT MESSAGES TO SUCH INDIVIDUAL,INCLUDING THROUGH THE USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS OR OTHER AUTOMATED TECHNOLOGY. YOU AGREE TO BE RESPONSIBLE FOR MAINTAINING CURRENT AND ACCURATE CONTACT INFORMATION OF ALL YOUR EMPLOYEES AND INDEPENDENT CONTRACTORS ON THE SERVICES, INCLUDING PROMPT UPDATES OF ANY PHONE NUMBER CHANGES. Upon termination of an employee’s or independent contractors’ employment with the Organization or change of job functionality in such Organization such that such individual’s job function no longer requires use of the Services, you will require such individual to cease using the Services on behalf of your Organization. If at any time you learn a user of the Services claims to be affiliated with your Organization who is not, in fact, affiliated with your Organization, or is otherwise using the Services in violation of this Agreement, you will notify CrisisGo immediately by emailing xxxxxxx@xxxxxxxx.xxx. If you are accessing the Services as an Organizer: The Services allow you to invite users to join your group(s) via text messages and to add users to your group(s). IF YOU INVITE OTHER USERS TO JOIN YOUR GROUP, YOU REPRESENT AND WARRANT TO US THAT YOU WILL OBTAIN THE PRIOR EXPRESS WRITTEN CONSENT OF EACH PERSON THAT YOU INVITE AND/OR ADD TO RECEIVE SUCH INVITATIONS AND TO RECEIVE EMAIL, TEXT, SMS AUDIO AND OTHER MESSAGES FROM CRISISGO, FROM YOU, AND FROM ANYONE ELSE IN THE GROUP. Organizers can invite members by distributing “group codes” and communicate with Subscribers. You may only share group codes with Subscribers whom you wish to subscribe to your group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your Subscriber lists carefully. Organizers must maintain and monitor Subscriber lists in order to help ensure accurate representation of the Subscribers in your group.

App Stores. 22.1 To a) You acknowledge and agree that the extent permitted by applicable lawavailability of the Application and certain Services is dependent on the third party from whom you received the Application license, e.g., the following supplemental terms shall apply when accessing Forex Insiders through specific devices: By downloading Forex Insiders from a device made by Apple, Inc. Apple App Store or Google Play (“AppleApp Store”) or from Apple’s ). You acknowledge that the Agreement is between you and TravelBank and not with the App Store. TravelBank, not the App Store, is solely responsible for TravelBank Properties, including the 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). b) In order to use the Application, you specifically must have access to a wireless or mobile 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 TravelBank Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using TravelBank Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them. c) The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: i. You acknowledge and agree that: These Terms govern that (i) the relationship Agreement is concluded between FIBV you and you; Apple TravelBank only, and not Apple, and (ii) TravelBank, not Apple, is not a party to these Termssolely responsible for the App Store Sourced Application and content thereof. The license granted to you hereunder is limited to a personal, limited, non- exclusive, non-transferable right to install Forex Insiders on Your use of the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to App Store Sourced Application must comply with the Usage Rules set forth in Apple’s App Store Terms of ServicesService. ii. You acknowledge that Apple is not responsible for Forex Insiders or the content thereof and has no obligation whatsoever to furnish any maintenance or and support services with respect to Forex Insidersthe App Store Sourced Application. iii. In the event of any failure of Forex Insiders the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Forex Insiders, if any, the App Store Sourced Application to you. To you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Forex Insidersthe App Store Sourced Application. As between TravelBank 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 TravelBank. iv. You and TravelBank acknowledge that, as between TravelBank and Apple, Apple is not responsible for addressing any claims by you have or a any claims of any third party relating to Forex Insiders the App Store Sourced Application or your possession or and use of Forex Insidersthe App Store Sourced Application, including without limitation including, but not limited to: (ai) product liability claims; (bii) any claim that Forex Insiders the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection or similar legislation. In . v. You and TravelBank acknowledge that, in the event of any third-party claim that Forex Insiders the App Store Sourced Application or your possession and use of Forex Insiders that App Store Sourced Application infringes such that third party’s intellectual property rights, Apple is as between TravelBank and Apple, TravelBank, not Apple, will be solely responsible for the investigation, defencedefense, settlement or and discharge of any such intellectual property infringement claimclaim to the extent required by the Agreement. vi. You represent and warrant TravelBank acknowledge and agree that (a) you Apple, and Apple’s subsidiaries, 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 U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third third-party beneficiaries of these Terms the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Termsthe Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary hereofthereof. vii. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.