Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a
Apple-Specific Terms. If Customer downloaded the Offering from Apple Inc.’s (“Apple”) Application Store, the following terms are part of the Agreement. The Agreement is between Customer and Xxxxxxx, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-party beneficiaries of the Agreement and will have the right (and will be deemed to have accepted the right) to enforce the Agreement against Customer as a third-party beneficiary. To the maximum extent permitted by Law, Apple will have no warranty obligation with respect to the Offering, and, as between Apple and Xxxxxxx, any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty will be Xxxxxxx’x responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Offering. As between Trimble and Apple, Trimble is solely responsible for the Offering and for addressing any claims Customer or any third parties have about the Offering or Customer’s possession or use of the Offering, including without limitation (i) product liability claims; (ii) any claim that the Offering fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Offering or Customer’s possession or use of the Offering infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of such claim.
Apple-Specific Terms. If you downloaded the Client Software from Apple Inc. and/or its affiliates’ (“Apple’s”) Application Store, the following terms are part of the Agreement:
a. The Agreement is between you and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of the Agreement and will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary.
b. To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Client Software, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be Xxxxxxx’x responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
c. As between Trimble and Apple, Trimble is solely responsible for the Client Software and for addressing any claims you or any third parties have about the Client Software or your possession or use of the Client Software, including without limitation (a) product liability claims, (b) any claim that the Client Software 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 the Client Software or your possession or use of the Client Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such claim.
Apple-Specific Terms. If Customer downloaded the Product from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement:
(i) This Agreement is between Customer and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Customer as a third-party beneficiary.
(ii) To the maximum extent permitted by Law, Apple will have no warranty obligation with respect to the Product, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty will be Xxxxxxx’x responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Product.
(iii) As between Trimble and Apple, Trimble is solely responsible for the Product and for addressing any claims Customer or any third parties have about the Product or Customer’s possession or use of the Product, including without limitation (A) product liability claims;
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Disney+ Hotstar Platform compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms of Use and does not own and is not responsible for the Disney+ Hotstar Platform. Apple is not providing any warranty for the Disney+ Hotstar Platform except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Disney+ Hotstar Platform and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Disney+ Hotstar Platform, including any third-party product liability claims, claims that the Disney+ Hotstar Platform fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Any enquiries or complaints relating to the use of the Disney+ Hotstar Platform, including those pertaining to intellectual property rights, must be directed to Disney in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the Disney+ Hotstar Platform on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You must comply with the terms of any third-party agreement applicable to you when using the Disney+ Hotstar Platform, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this provision only (pursuant to the Contracts (Rights of Third Parties) Act 1999) and, upon your acceptance of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. Notwithstanding the foregoing, Xxxxxx's right to enter into, rescind or t...
Apple-Specific Terms. If Customer downloaded the Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement:
i. This Agreement is between Customer and Pinnacle Infotech, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Customer as a third-party beneficiary.
ii. As set forth in Section 8 (Warranties and Disclaimers.) of this Agreement, Pinnacle Infotech offers a refund in certain circumstances following a breach of Pinnacle Infotech’s limited warranty for the Software. If Customer is entitled to such a refund, Customer may notify Apple, and Apple will refund the purchase price (if any) for the Software to Customer. To the maximum extent permitted by Law, Apple will have no other warranty obligation with respect to the Software, and, as between Apple and Pinnacle Infotech, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be Pinnacle Infotech’s responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
iii. As between Pinnacle Infotech and Apple, Pinnacle Infotech is solely responsible for the Software and for addressing any claims Customer or any third parties have about the Software or your possession or use of the Software, including without limitation (A) product liability claims,
Apple-Specific Terms. If you are accessing the Service and Software through an Apple device, the following terms shall apply:
(a) This agreement is between Ardacious and the End User only.
(b) We and not Apple are responsible for the Service, and we are solely responsible for:
(i) support and maintenance;
(ii) the investigation, defence, settlement and discharge of any claim that the authorised use of the Service infringes third party intellectual property rights; and
(iii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.
(c) Apple's liability to you is limited to the refund of the purchase price of the Service paid by you. We will have no other liability to you in relation to any other claims or liabilities with respect to the Service.
(d) Apple is entitled to enforce the terms of the agreement against you and you agree to submit to Apple's legitimate enforcement.
(e) Your rights to use the Service is non-transferable and non-sublicensable, except to the extent that Apple permits family sharing or like sharing arrangements.
(f) If there is any inconsistency between the agreement and the application use rules set out in Apple's terms of service, Apple's terms of service will prevail to the extent of the inconsistency.
(g) If you purchased the Service from the Apple Store, you may only use the Service on Apple branded products in accordance with the usage rules of Apple.
(h) Apple may monitor your use of the Service.
(i) If you use any third-party service in the course of accessing or using the Service, you must comply with applicable third-party terms and conditions. The above terms shall not apply to your use of the Software or Services on any device which is not an Apple device.
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use hereunder of any version of any Scholastic mobile app compatible with Apple Inc.’s iOS operating system (an “App”). Apple Inc. is not a party to these Terms and does not own and is not responsible for any App. Apple Inc. is not providing any warranty for any App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any App, including any third-party product liability claims, claims that an App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of an App, including those pertaining to intellectual property rights, must be directed to Scholastic in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App(s) on an Apple-branded product that runs Apple Inc.’s iOS operating system and is owned or controlled by you, or asotherwise
Apple-Specific Terms. The following terms also apply if you acquire the App from the Apple Inc (Apple) App Store:
11.1. Apple is not responsible for any maintenance or support services with respect to the App.
11.2. In the event of any failure of the App, you may notify Apple and Apple will refund the purchase price for the App (if applicable), and to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any applicable law.
11.3. You acknowledge that Apple is not responsible for addressing any claims of 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; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any applicable law.
11.4. In the event of any third party claim that the App, or your possession or use of the App in accordance with this Agreement, infringes that third party’s intellectual property rights (other than by reason of content you have elected to use with the App), Apple will have no responsibility for the investigation, defence, settlement or discharge of any such intellectual property claim and you must provide all reasonable co-operation to Intrust Super in connection with that matter.
11.5. You warrant and represent that you are not located in a country that is subject to a United States or Australian Government embargo, or a country that has been designated by the United States Government or the Australian Government as a “terrorist supporting” country or listed on any United States Government or Australian Government list of prohibited or restricted parties.
11.6. You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of this Agreement and may have third party rights to enforce this Agreement against you.
Apple-Specific Terms. If Customer downloaded the Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement:
i. This Agreement is between Customer and Pinnacle Infotech, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Customer as a third-party beneficiary.
ii. As set forth in Section 8 (Warranties and Disclaimers.) of this Agreement, Pinnacle Infotech offers a refund in certain circumstances following a breach of Pinnacle Infotech’s limited warranty for the Software. If Customer is entitled to such a refund, Customer may notify Apple, and Apple will refund the purchase price (if any) for the Software to Customer. To the maximum extent permitted by Law, Apple will have no other warranty obligation with respect to the Software, and, as between Apple and Pinnacle Infotech, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be Pinnacle Infotech’s responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
iii. As between Pinnacle Infotech and Apple, Pinnacle Infotech is solely responsible for the Software and for addressing any claims Customer or any third parties have about the Software or your possession or use of the Software, including without limitation (A) product liability claims,
