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 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

Appears in 1 contract

Samples: Terms and Conditions

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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 of any version of a mobile app included in the App Service that is compatible with the iOS operating system of Apple Inc. (“Apple”, and any such app, the “iOS App”). Apple is not a party to this Agreement and does not own and is not responsible for the iOS App. Apple is not providing any warranty for the iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the iOS App, including any third-party product liability claims, claims that 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 the iOS App, including those pertaining to intellectual property rights, must be directed to Company 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 iOS App on an Apple-branded product that runs 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 the iOS App, such as your Your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your 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 You as aa third-party beneficiary thereof; notwithstanding the foregoing, Pentair’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any Third Party.

Appears in 1 contract

Samples: Terms of Service

Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything With respect to the contrary hereinuse of the specific application of the Software for iOS operating system, available on the App Store (“TeamViewer iOS App”), the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of shall apply: Apple Inc. (“Apple”). Apple ) is not a party to any Contract concluded under this Agreement XXXX and does not own and is not responsible for the AppTeamViewer iOS App in any capacity or manner. Apple is not providing any warranty for the TeamViewer iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for the Services, or any maintenance or other support services for the App TeamViewer iOS App, and shall will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the TeamViewer iOS App, including any third-party product liability claims, claims that the TeamViewer 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 the TeamViewer iOS App, including those pertaining to intellectual property rights, must be directed to Company TeamViewer in accordance with the “Information or Complaints” section abovenotice provisions contained in this XXXX. The license you have been granted herein to Customer to use the TeamViewer iOS App is a limited to a non-transferable license to for the use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by youCustomer, or as otherwise permitted by the Usage Rules set forth in Apple’s Mobile App Store Terms of Service, except that the TeamViewer iOS App may also be accessed and used by other accounts associated with Customer via Apple’s Family Sharing or volume purchasing programs. In addition, you Customer must comply with the terms of any third-party agreement applicable to you Customer when using the TeamViewer iOS App, such as your Customer´s wireless data service agreement. Apple and Apple’s subsidiaries are third-third- party beneficiaries of this Agreement XXXX and, upon your Customer´s acceptance of the terms and conditions of this AgreementXXXX, will have the right (and will be deemed to have accepted the right) to enforce this Agreement XXXX against you Customer as aa third-party beneficiary thereof; notwithstanding the foregoing, TeamViewer’s right to enter into, rescind or terminate any variation, waiver or settlement under this XXXX is not subject to the consent of any third party.

Appears in 1 contract

Samples: End User License Agreement (Eula)

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 of any version of the App Mobile Application that is compatible with the iOS operating system of Apple Inc. ("Apple"), such as a mobile app version of the Mobile Application. Apple is not a party to this Agreement and does not own and is not responsible for the AppMobile Application. Apple is not providing any warranty for the App Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App Mobile Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the AppMobile Application, including any third-third- party product liability claims, claims that the App 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 the AppMobile Application, including those pertaining to intellectual property rights, must be directed to Company 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 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 '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 AppMobile Application, such as your wireless data service agreement. Apple and Apple’s '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 aa third-party beneficiary thereof; notwithstanding the foregoing, Caterpillar's right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

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 any mobile software application component of the App Application 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 AppApplication. Apple is not providing any warranty for the App Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App Application and shall will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the AppApplication, including any third-party product liability claims, claims that the App 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 the AppApplication, including those pertaining to intellectual property rights, must be directed to Company 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 Application 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 AppApplication, 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 aa third-party beneficiary thereof; notwithstanding the foregoing, PwC’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Appears in 1 contract

Samples: Terms of Service

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 of any version of the App Mobile Application that is compatible with the iOS operating system of Apple Inc. (“Apple”), such as a mobile app version of the Mobile Application. Apple is not a party to this Agreement and does not own and is not responsible for the AppMobile Application. Apple is not providing any warranty for the App Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App Mobile Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the AppMobile Application, including any third-party product liability claims, claims that the App 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 the AppMobile Application, including those pertaining to intellectual property rights, must be directed to Company 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 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 AppMobile Application, 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 aa third-party beneficiary thereof; notwithstanding the foregoing, Caterpillar’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

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 of any version of a mobile app included in the App Service that is compatible with the iOS operating system of Apple Inc. (“Apple”, and any such app, the “iOS App”). Apple is not a party to this Agreement and does not own and is not responsible for the iOS App. Apple is not providing any warranty for the iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the iOS App, including any third-party product liability claims, claims that 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 the iOS App, including those pertaining to intellectual property rights, must be directed to Company 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 iOS App on an Apple-branded product that runs 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 the iOS App, such as your Your wireless data service agreement. Apple and Apple’s subsidiaries are third-third- party beneficiaries of this Agreement and, upon your 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 You as aa third-party beneficiary thereof; notwithstanding the foregoing, Pentair’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any Third Party.

Appears in 1 contract

Samples: Terms of Service

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 the App any Scholastic mobile app compatible with the Apple Inc.’s iOS operating system of Apple Inc. (an AppleApp”). Apple Inc. is not a party to this Agreement these Terms and does not own and is not responsible for the any App. Apple Inc. is not providing any warranty for the any App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for the any App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the any App, including any third-party product liability claims, claims that the 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 the an App, including those pertaining to intellectual property rights, must be directed to Company 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 App(s) on an Apple-branded product that runs AppleApple 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 the any App, such as your wireless data service agreement. Apple Inc. and Apple’s its subsidiaries are third-party beneficiaries of this Agreement these Terms and, upon your acceptance of the terms and conditions of this Agreementthese Terms, will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms against you as aa 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.

Appears in 1 contract

Samples: Product Terms and Institutional Customer Agreement

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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 of any version of a mobile app included in the App Service that is compatible with the iOS operating system of Apple Inc. (“Apple”, and any such app, the “iOS App”). Apple is not a party to this Agreement and does not own and is not responsible for the iOS App. Apple is not providing any warranty for the iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the iOS App, including any third-party product liability claims, claims that 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 the iOS App, including those pertaining to intellectual property rights, must be directed to Company 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 iOS App on an Apple-branded product that runs 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 the iOS App, such as your Your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your 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 You as aa third- party beneficiary thereof; notwithstanding the foregoing, Pentair’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any Third Party.

Appears in 1 contract

Samples: Terms of Service

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 of any version of the App Mobile Application that is compatible with the iOS operating system of Apple Inc. (“Apple”), such as a mobile app version of the Mobile Application. Apple is not a party to this Agreement and does not own and is not responsible for the AppMobile Application. Apple is not providing any warranty for the App Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App Mobile Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the AppMobile Application, including any third-party product liability claims, claims that the App 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 the AppMobile Application, including those pertaining to intellectual property rights, must be directed to Company 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 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-third- party agreement applicable to you when using the AppMobile Application, 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 aa third-party beneficiary thereof; notwithstanding the foregoing, Caterpillar’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Appears in 1 contract

Samples: Mobile Application End User License Agreement

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 Mobile 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 Mobile App. Apple is not providing any warranty for the Mobile App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile App, including any third-party product liability claims, claims that 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 the Mobile App, including those pertaining to intellectual property rights, must be directed to Company 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 Mobile 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, 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 the Mobile 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 aa third-party beneficiary thereof; notwithstanding the foregoing, Bank’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Appears in 1 contract

Samples: Mobile Banking Services End User Agreement

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 the App any Scholastic mobile app compatible with the Apple Inc.’s iOS operating system of Apple Inc. (an AppleApp”). Apple Inc. is not a party to this Agreement these Terms and does not own and is not responsible for the any App. Apple Inc. is not providing any warranty for the any App except, if applicable, to refund the purchase price for it. Apple Inc. is not responsible for maintenance or other support services for the any App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the any App, including any third-party product liability claims, claims that the 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 the an App, including those pertaining to intellectual property rights, must be directed to Company 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 App(s) on an Apple-branded product that runs AppleApple 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 the any App, such as your wireless data service agreement. Apple Inc. and Apple’s its subsidiaries are third-party beneficiaries of this Agreement these Terms and, upon your acceptance of the terms and conditions of this Agreementthese Terms, will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms against you as aa 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.

Appears in 1 contract

Samples: Individual Customer Agreement

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