Common use of Apple App Store Clause in Contracts

Apple App Store. If you obtained the App from the Apple App Store, you and AECOM acknowledge and agree that (to the full extent permitted by applicable law): (a) this document is concluded between you and AECOM only, and not with Apple, and AECOM, not Apple, is solely responsible for the App and the content thereof; (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this XXXX or applicable law; (c) AECOM, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOM, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX; (f) upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof; and (g) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by AECOM in accordance with this agreement.

Apple App Store. If you obtained the App from the Apple App Store, you and AECOM Drone Sharks acknowledge and agree that (to the full extent permitted by applicable law): (a) this document is concluded between you and AECOM Drone Sharks only, and not with Apple, and AECOMDrone Sharks, not Apple, is solely responsible for the App and the content thereof; (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this XXXX or applicable law; (c) AECOMDrone Sharks, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOMDrone Sharks, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX; (f) upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof; and (g) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by AECOM Drone Sharks in accordance with this agreement.

Apple App Store. If you obtained the a. The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store, you and AECOM -Sourced Application" ): i. You acknowledge and agree that (to the full extent permitted by applicable law): (ai) this document Agreement is concluded entered into between you and AECOM Aider only, and Apple is not with Applea party to this Agreement other than as third- party beneficiary as contemplated below, and AECOM(ii) Aider, not Apple, is solely responsible for the App Store-Sourced Application and the content thereof;. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. (b) ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this XXXX or applicable law;App Store-Sourced Application. (c) AECOM, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOM, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX; (f) upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof; and (g) in . 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 for the App Store-Sourced Application to you. You acknowledge thatyou and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AppApp Store-Sourced Application. As between Aider and Apple, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt the sole responsibility of Aider, subject at all times to warranty limitations and exclusions set forth in this Agreement. iv. You and Aider acknowledge that, as between Aider and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, 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. v. You and Aider acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store- Sourced Application infringes that third party's intellectual property rights, as between Aider and Apple, Aider (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, 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 as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with by AECOM in accordance with this agreementall applicable third party terms of agreement when using the App Store-Sourced Application.

Apple App Store. If you obtained the App from the Apple App Store, you and AECOM AFC acknowledge and agree that (to the full extent permitted by applicable law): (a) this document XXXX is concluded between you and AECOM AFC only, and not with Apple, and AECOMAFC, not Apple, is solely responsible for the App and the content thereof; (b) the license granted to you for the App is a non-transferable license to use the App on any Apple- branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via family sharing or volume purchasing; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this XXXX or applicable law; (c) AECOM, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOM, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX; (f) upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof; and (g) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by AECOM AFC in accordance with this agreementXXXX; (e) AFC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation including in connection with the App's use (if applicable) of Apple's HealthKit and HomeKit frameworks; (f) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AFC, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (g) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof.

Apple App Store. If you obtained the EasyAnatomy App from is provided to User for download through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, you the following terms and AECOM conditions shall apply: (i) LlamaZOO and User acknowledge and agree that (to the full extent permitted by applicable law): (a) this document Agreement is concluded between you LlamaZOO and AECOM onlyUser, and not with Apple, and AECOMthat, not as between LlamaZOO and Apple, LlamaZOO is solely responsible for the EasyAnatomy App and the content thereof; ; (bii) notwithstanding anything to the contrary hereunder, User may use the EasyAnatomy App only on an Apple-branded product or device that runs iOS and as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service; (iii) LlamaZOO and User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and or support services with respect to the EasyAnatomy App, either under this XXXX or applicable law; ; (c) AECOM, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOM, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX; (f) upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof; and (giv) in the event of any failure of the EasyAnatomy App to conform to any applicable warranty, you User may notify Apple, and Apple will refund the purchase price for the EasyAnatomy App (if any) to youUser. You acknowledge thatExcept for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the EasyAnatomy App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt the sole responsibility of LlamaZOO to the extent required by this Agreement; (v) LlamaZOO and User acknowledge that Apple is not responsible for addressing any claims of User or any claims of any third party relating to the EasyAnatomy App or User’s possession and use of the EasyAnatomy App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) LlamaZOO and User acknowledge that, in the event of any third party claim that the EasyAnatomy App or User’s possession and use of the EasyAnatomy App infringes that third party’s intellectual property rights, LlamaZOO will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim to the extent required by this Agreement, and Apple will have no responsibility for the foregoing; (vii) User represents and warrants that User is not: (a) located in any 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; or (b) listed on any U.S. Government list of prohibited or restricted parties; (iix) User may contact LlamaZOO regarding any questions, complaints or claims with by AECOM respect to the EasyAnatomy App at the contact information set out in accordance Section 15.10, below; (ix) User must comply with all applicable third party terms of agreement when using the EasyAnatomy App; and (x) LlamaZOO and User acknowledge that Apple is a third party beneficiary to this agreementAgreement and, upon User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against User as a third party beneficiary thereof. To the extent that this Section 3.1 is inconsistent with any other terms of this Agreement, this Section 3.1 will prevail.

Apple App Store. If you obtained the a. The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store, you and AECOM -Sourced Application" ): i. You acknowledge and agree that (to the full extent permitted by applicable law): (ai) this document Agreement is concluded entered into between you and AECOM Aider only, and Apple is not with Applea party to this Agreement other than as third-party beneficiary as contemplated below, and AECOM(ii) Aider, not Apple, is solely responsible for the App Store-Sourced Application and the content thereof;. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. (b) ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this XXXX or applicable law;App Store-Sourced Application. (c) AECOM, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy or similar legislation; (d) in the event of any third party claim that the App or possession and/or use of the App by you infringes that third party's Intellectual Property rights, AECOM, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of the XXXX; (f) upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce the XXXX against you as a third party beneficiary thereof; and (g) in . 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 for the App Store-Sourced Application to you. You acknowledge thatyou and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AppApp Store-Sourced Application. As between Aider and Apple, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt the sole responsibility of Aider, subject at all times to warranty limitations and exclusions set forth in this Agreement. iv. You and Aider acknowledge that, as between Aider and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, 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. v. You and Xxxxx acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between Aider and Apple, Aider (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. vi. You and Aider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, 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 as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof. vii. Without limiting any other terms of this Agreement, you must comply with by AECOM in accordance with this agreementall applicable third party terms of agreement when using the App Store-Sourced Application.