Common use of Apple-Specific Terms Clause in Contracts

Apple-Specific Terms. If Customer downloaded the Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement: 1. 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. 2. As set forth in Section 8 (Warranties and Disclaimers) of this Agreement, Trimble offers a refund in certain circumstances following a breach of Xxxxxxx’x 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 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. 3. As between Trimble and Apple, Trimble 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, (B) any claim that the 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 Software or your possession or use of the 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 Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement: 1. (a) 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. 2. (b) As set forth in Section 8 7 (Warranties Limited Warranty and Disclaimers) of this Agreement), Trimble offers a refund in certain circumstances following a breach of Xxxxxxx’x limited warranty for the Software. If Customer is entitled to such a refund, Customer may notify Apple, Apple and Apple will refund the purchase price (if any) for the Software to Customer. To the maximum extent permitted by Lawapplicable law, Apple will have no other warranty obligation with respect to the 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. 3. (c) As between Trimble and Apple, Trimble 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 (Ai) product liability claims, (Bii) any claim that the Software fails to conform to any applicable legal or regulatory requirement and (Ciii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Software or your possession or use of the 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 Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement: 1. 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. 2ii. As set forth in Section 8 (Warranties and Disclaimers) of this Agreement, Trimble offers a refund in certain circumstances following a breach of Xxxxxxx’x 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 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. 3iii. As between Trimble and Apple, Trimble 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, (B) any claim that the 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 Software or your possession or use of the 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 Software Offering from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this the Agreement: 1. This The Agreement is between Customer and TrimbleXxxxxxx, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third third-party beneficiaries of this the Agreement and will have the right (and will be deemed to have accepted the right) to enforce this the Agreement against Customer as a third-party beneficiary. 2. As set forth in Section 8 (Warranties and Disclaimers) of this Agreement, Trimble offers a refund in certain circumstances following a breach of Xxxxxxx’x 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 SoftwareOffering, and, as between Apple and TrimbleXxxxxxx, any other claims, losses, liabilities, damages, costs 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. 3Offering. As between Trimble and Apple, Trimble is solely responsible for the Software Offering and for addressing any claims Customer or any third parties have about the Software Offering or your Customer’s possession or use of the SoftwareOffering, including without limitation (Ai) product liability claims, ; (Bii) any claim that the Software Offering fails to conform to any applicable legal or regulatory requirement requirement; and (Ciii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Software Offering or your Customer’s possession or use of the Software Offering infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement settlement, or discharge of such claim.

Apple-Specific Terms. If Customer downloaded the Software Offering from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this the Agreement: 1. This The Agreement is between Customer and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third third-party beneficiaries of this the Agreement and will have the right (and will be deemed to have accepted the right) to enforce this the Agreement against Customer as a third-party beneficiary. 2. As set forth in Section 8 (Warranties and Disclaimers) of this Agreement, Trimble offers a refund in certain circumstances following a breach of Xxxxxxx’x 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 SoftwareOffering, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs 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. 3Offering. As between Trimble and Apple, Trimble is solely responsible for the Software Offering and for addressing any claims Customer or any third parties have about the Software Offering or your Customer’s possession or use of the SoftwareOffering, including without limitation (Ai) product liability claims, ; (Bii) any claim that the Software Offering fails to conform to any applicable legal or regulatory requirement requirement; and (Ciii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Software Offering or your Customer’s possession or use of the Software Offering infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement settlement, or discharge of such claim.