Common use of Apple-Specific Terms Clause in Contracts

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 Customer downloaded the Offering Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of the this Agreement: 1. The This Agreement is between Customer and XxxxxxxTrimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-third party beneficiaries of the this Agreement and will have the right (and will be deemed to have accepted the right) to enforce the 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 OfferingSoftware, and, as between Apple and XxxxxxxTrimble, 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 OfferingSoftware. 3. As between Trimble and Apple, Trimble is solely responsible for the Offering Software and for addressing any claims Customer or any third parties have about the Offering Software or Customer’s your possession or use of the OfferingSoftware, including without limitation (iA) product liability claims; , (iiB) any claim that the Offering Software fails to conform to any applicable legal or regulatory requirement; requirement and (iiiC) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Offering Software or Customer’s your possession or use of the Offering Software 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 Offering from Apple Inc.’s (“Apple”) Application Store, the following terms are part of the Agreement. The Agreement is between Customer and XxxxxxxTrimble, 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 XxxxxxxTrimble, 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 Customer downloaded the Offering Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of the this Agreement. The : i. This Agreement is between Customer and XxxxxxxTrimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-third party beneficiaries of the this Agreement and will have the right (and will be deemed to have accepted the right) to enforce the this Agreement against Customer as a third-party beneficiary. ii. 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 OfferingSoftware, and, as between Apple and XxxxxxxTrimble, 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 OfferingSoftware. iii. As between Trimble and Apple, Trimble is solely responsible for the Offering Software and for addressing any claims Customer or any third parties have about the Offering Software or Customer’s your possession or use of the OfferingSoftware, including without limitation (iA) product liability claims; , (iiB) any claim that the Offering Software fails to conform to any applicable legal or regulatory requirement; requirement and (iiiC) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Offering Software or Customer’s your possession or use of the Offering Software 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 Offering Software from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of the this Agreement. The : (a) This Agreement is between Customer and XxxxxxxTrimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-third party beneficiaries of the this Agreement and will have the right (and will be deemed to have accepted the right) to enforce the this Agreement against Customer as a third-party beneficiary. (b) As set forth in Section 7 (Limited Warranty and Disclaimers), 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 Lawapplicable law, Apple will have no other warranty obligation with respect to the OfferingSoftware, and, as between Apple and XxxxxxxTrimble, 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 Offering. Software. (c) As between Trimble and Apple, Trimble is solely responsible for the Offering Software and for addressing any claims Customer or any third parties have about the Offering Software or Customer’s your possession or use of the OfferingSoftware, including without limitation (i) product liability claims; , (ii) any claim that the Offering Software fails to conform to any applicable legal or regulatory requirement; requirement and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Offering Software or Customer’s your possession or use of the Offering Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, settlement or discharge of such claim.