Common use of Apple-Specific Terms Clause in Contracts

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 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 any App, such as your wireless data service agreement. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Scholastic’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditionsconditions in this Agreement, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your access to and use hereunder of any version of any Scholastic mobile app the Mobile Application that is compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “AppApple”), such as a mobile app version of the Mobile Application. Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any Appthe Mobile Application. Apple Inc. is not providing any warranty for any App the Mobile Application except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any App the Mobile Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Appthe Mobile Application, including any third-party product liability claims, claims that an App the Mobile Application 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 Appthe Mobile Application, including those pertaining to intellectual property rights, must be directed to Scholastic in accordance Caterpillar. In the event of any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. You must comply 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 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 any Appthe Mobile Application, such as your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, ScholasticCaterpillar’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third party.

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 the App compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “AppApple”). Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any the App. Apple Inc. is not providing any warranty for any the App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any the App, including any third-party product liability claims, claims that an 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 an the App, including those pertaining to intellectual property rights, must be directed to Scholastic 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(s) App on an Apple-branded product that runs Apple Inc.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 any the App, such as your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Scholastic’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.a

Apple-Specific Terms. In addition to your Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your Your use hereunder of any version of any Scholastic a mobile app included in the Service that is compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “Apple”, and any such app, the “iOS App”). Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any the iOS App. Apple Inc. is not providing any warranty for any the iOS App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any the iOS App, including any third-party product liability claims, claims that an the iOS 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 the iOS App, including those pertaining to intellectual property rights, must be directed to Scholastic Pentair in accordance with the “Information or Complaints” section above. The license you You have been granted herein is limited to a non-transferable license to use the App(s) iOS App on an Apple-branded product that runs Apple Inc.Apple’s iOS operating system and is owned or controlled by youYou, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the iOS App may also be accessed and used by other accounts associated with You via Apple’s Family Sharing or volume purchasing programs. In addition, you You must comply with the terms of any third-party agreement applicable to you You when using any the iOS App, such as your Your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your Your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you You as a third-third- party beneficiary thereof; notwithstanding the foregoing, ScholasticPentair’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third partyThird Party.

Apple-Specific Terms. In addition to your Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your Your use hereunder of any version of any Scholastic a mobile app included in the Service that is compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “Apple”, and any such app, the “iOS App”). Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any the iOS App. Apple Inc. is not providing any warranty for any the iOS App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any the iOS App, including any third-party product liability claims, claims that an the iOS 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 the iOS App, including those pertaining to intellectual property rights, must be directed to Scholastic Pentair in accordance with the “Information or Complaints” section above. The license you You have been granted herein is limited to a non-transferable license to use the App(s) iOS App on an Apple-branded product that runs Apple Inc.Apple’s iOS operating system and is owned or controlled by youYou, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the iOS App may also be accessed and used by other accounts associated with You via Apple’s Family Sharing or volume purchasing programs. In addition, you You must comply with the terms of any third-party agreement applicable to you You when using any the iOS App, such as your Your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your Your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you You as a third-party beneficiary thereof; notwithstanding the foregoing, ScholasticPentair’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third partyThird Party.

Apple-Specific Terms. In addition to your Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your Your use hereunder of any version of any Scholastic a mobile app included in the Service that is compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “Apple”, and any such app, the “iOS App”). Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any the iOS App. Apple Inc. is not providing any warranty for any the iOS App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any the iOS App, including any third-party product liability claims, claims that an the iOS 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 the iOS App, including those pertaining to intellectual property rights, must be directed to Scholastic Pentair in accordance with the “Information or Complaints” section above. The license you You have been granted herein is limited to a non-transferable license to use the App(s) iOS App on an Apple-branded product that runs Apple Inc.Apple’s iOS operating system and is owned or controlled by youYou, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the iOS App may also be accessed and used by other accounts associated with You via Apple’s Family Sharing or volume purchasing programs. In addition, you You must comply with the terms of any third-party agreement applicable to you You when using any the iOS App, such as your Your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-third- party beneficiaries of these Terms this Agreement and, upon your Your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you You as a third-party beneficiary thereof; notwithstanding the foregoing, ScholasticPentair’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third partyThird Party.

Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditionsconditions in this Agreement, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your access to and use hereunder of any version of any Scholastic mobile app the Mobile Application that is compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “AppApple”), such as a mobile app version of the Mobile Application. Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any Appthe Mobile Application. Apple Inc. is not providing any warranty for any App the Mobile Application except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any App the Mobile Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Appthe Mobile Application, including any third-party product liability claims, claims that an App the Mobile Application 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 Appthe Mobile Application, including those pertaining to intellectual property rights, must be directed to Scholastic in accordance Caterpillar. In the event of any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. You must comply 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 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-third- party agreement applicable to you when using any Appthe Mobile Application, such as your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, ScholasticCaterpillar’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third party.

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 software application component of the Application compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “AppApple”). Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any Appthe Application. Apple Inc. is not providing any warranty for any App the Application except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any App the Application and shall will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Appthe Application, including any third-party product liability claims, claims that an App the Application 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 Appthe Application, including those pertaining to intellectual property rights, must be directed to Scholastic PwC in accordance with the “Information or Complaints” section above. The license you have been granted herein in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system is limited to a non-transferable license to use the App(s) Application on an Apple-branded product that runs Apple Inc.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 any Appthe Application, such as your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, ScholasticPwC’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third party.

Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditionsconditions in this Agreement, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your access to and use hereunder of any version of any Scholastic mobile app the Mobile Application that is compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “App”"Apple"), such as a mobile app version of the Mobile Application. Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any Appthe Mobile Application. Apple Inc. is not providing any warranty for any App the Mobile Application except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any App the Mobile Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Appthe Mobile Application, including any third-third- party product liability claims, claims that an App the Mobile Application 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 Appthe Mobile Application, including those pertaining to intellectual property rights, must be directed to Scholastic in accordance Caterpillar. In the event of any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. You must comply 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 as otherwise permitted by the Usage Rules set forth in Apple’s 's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using any Appthe Mobile Application, such as your wireless data service agreement. Apple Inc. and its Apple's subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Scholastic’s Caterpillar's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third party.

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 the Mobile App compatible with Apple Inc.’s the iOS operating system of Apple Inc. (an “AppApple”). Apple Inc. is not a party to these Terms this Agreement and does not own and is not responsible for any the Mobile App. Apple Inc. is not providing any warranty for any the Mobile App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for any the Mobile App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any the Mobile App, including any third-party product liability claims, claims that an the Mobile 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 the Mobile App, including those pertaining to intellectual property rights, must be directed to Scholastic the Bank in accordance with the “Information or Complaints” section abovenotice requirements of this Agreement and your Account Agreement. The license you have been granted herein is limited to a non-transferable license to use the App(s) Mobile App on an Apple-branded product that runs Apple Inc.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, except that the Mobile App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using any the Mobile App, such as your wireless data service agreement. Apple Inc. and its Apple’s subsidiaries are third-party beneficiaries of these Terms this Agreement and, upon your acceptance of the terms and conditions of these Termsthis Agreement, will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, ScholasticBank’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms this Agreement is not subject to the consent of any third party.

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 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 any App, such as your wireless data service agreement. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Scholastic’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party. Last Updated: November 5th, 2015 This Individual Customer Agreement (the “Agreement”) is made as of the Effective Date (as defined below) by and between Customer (as defined below) and Xxxxxxxxxx Xxx., located at 000 Xxxxxxxx, Xxx Xxxx, XX 00000, and/or any applicable affiliated entities set forth in an Order with respect to particular Licensed Products, each as defined below (“Scholastic”). This Agreement includes the Product Terms (as updated by Scholastic from time to time), which are currently available above (Product Terms) and are hereby incorporated into this Agreement by reference. By accessing or using the Licensed Products (as defined below), or by otherwise indicating your acceptance of this Agreement (for example, by clicking “I Agree” or through another mechanism confirming your acceptance), Customer is agreeing to be bound by this Agreement. Customer represents and warrants that he or she is of legal age to enter into this Agreement, and has the legal authority to do so. Please note that your Internet browser will typically permit you to print or save a copy of this Agreement. Scholastic may change this Agreement, including the Product Terms, by notifying Customer of such changes by any reasonable means, including by posting a revised Agreement through the Scholastic websites or mobile apps through which Scholastic makes available the Licensed Products (together with any successor website(s) and app(s) thereto, the “Site”). Any such changes will not apply to any dispute between Customer and Scholastic arising prior to the date on which Scholastic posted the revised Agreement incorporating such changes, or otherwise notified Customer of such changes. Customer’s use of the Licensed Products following any changes to this Agreement will constitute Customer’s acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.