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 any mobile software application component of the 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 Application. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including any third-party product liability claims, claims that 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 the Application, including those pertaining to intellectual property rights, must be directed to PwC in accordance with the “Information or Complaints” section above. The license you have been granted 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 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 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 a 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.

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 software application component of the Application 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 Applicationany App. Apple Inc. is not providing any warranty for the Application 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 Application any App and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Applicationany App, including any third-party product liability claims, claims that the Application 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 Applicationan App, including those pertaining to intellectual property rights, must be directed to PwC Scholastic in accordance with the “Information or Complaints” section above. The license you have been granted in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system herein is limited to a non-transferable license to use the Application 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 Applicationany 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwCScholastic’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement these Terms is not subject to the consent of any third party. Last Updated: November 5th, 2015 INDIVIDUAL CUSTOMER AGREEMENT 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.

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 any mobile software application component of the 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 Mobile Application. Apple is not providing any warranty for the Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Application and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Application, including any third-third- party product liability claims, claims that 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 the Mobile Application, including those pertaining to intellectual property rights, must be directed to PwC in accordance with Caterpillar. In the “Information event of any third party claim that the Mobile Application or Complaints” section above. The license you have been granted in this Agreement for any mobile software application component your possession and use of the Mobile Application compatible 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 Apple’s iOS operating system is limited to a non-transferable license to use the 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 '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 Mobile 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwC’s 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.

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 any a mobile software application component of app included in the Application 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 ApplicationiOS App. Apple is not providing any warranty for the Application iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application iOS App and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the ApplicationiOS App, including any third-party product liability claims, claims that the Application 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 ApplicationiOS App, including those pertaining to intellectual property rights, must be directed to PwC Pentair in accordance with the “Information or Complaints” section above. The license you You have been granted in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system herein is limited to a non-transferable license to use the Application 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 ApplicationiOS 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 a third-third- party beneficiary thereof; notwithstanding the foregoing, PwCPentair’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 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 of any version of any a mobile software application component of app included in the Application 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 ApplicationiOS App. Apple is not providing any warranty for the Application iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application iOS App and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the ApplicationiOS App, including any third-party product liability claims, claims that the Application 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 ApplicationiOS App, including those pertaining to intellectual property rights, must be directed to PwC Pentair in accordance with the “Information or Complaints” section above. The license you You have been granted in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system herein is limited to a non-transferable license to use the Application 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 ApplicationiOS 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwCPentair’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 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 of any version of any mobile software application component of the 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 Mobile Application. Apple is not providing any warranty for the Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Application and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Application, including any third-party product liability claims, claims that 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 the Mobile Application, including those pertaining to intellectual property rights, must be directed to PwC in accordance with Caterpillar. In the “Information event of any third party claim that the Mobile Application or Complaints” section above. The license you have been granted in this Agreement for any mobile software application component your possession and use of the Mobile Application compatible 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 Apple’s iOS operating system is limited to a non-transferable license to use the 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-third- party agreement applicable to you when using the Mobile 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwCCaterpillar’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.

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 software application component of the Application 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 Applicationany App. Apple Inc. is not providing any warranty for the Application 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 Application any App and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Applicationany App, including any third-party product liability claims, claims that the Application 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 Applicationan App, including those pertaining to intellectual property rights, must be directed to PwC Scholastic in accordance with the “Information or Complaints” section above. The license you have been granted in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system herein is limited to a non-transferable license to use the Application 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 Applicationany 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwCScholastic’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement these Terms is not subject to the consent of any third 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 of any version of any a mobile software application component of app included in the Application 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 ApplicationiOS App. Apple is not providing any warranty for the Application iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application iOS App and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the ApplicationiOS App, including any third-party product liability claims, claims that the Application 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 ApplicationiOS App, including those pertaining to intellectual property rights, must be directed to PwC Pentair in accordance with the “Information or Complaints” section above. The license you You have been granted in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system herein is limited to a non-transferable license to use the Application 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 ApplicationiOS 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwCPentair’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 partyThird 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 of any version of any mobile software application component of the Application 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 ApplicationMobile App. Apple is not providing any warranty for the Application Mobile App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application Mobile App and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the ApplicationMobile App, including any third-party product liability claims, claims that the Application 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 ApplicationMobile App, including those pertaining to intellectual property rights, must be directed to PwC 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 in this Agreement for any mobile software application component of the Application compatible with Apple’s iOS operating system herein is limited to a non-transferable license to use the Application 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 ApplicationMobile 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 third-party beneficiary thereof; notwithstanding the foregoing, PwCBank’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.

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 any mobile software application component of the 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 Mobile Application. Apple is not providing any warranty for the Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Application and will shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Application, including any third-party product liability claims, claims that 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 the Mobile Application, including those pertaining to intellectual property rights, must be directed to PwC in accordance with Caterpillar. In the “Information event of any third party claim that the Mobile Application or Complaints” section above. The license you have been granted in this Agreement for any mobile software application component your possession and use of the Mobile Application compatible 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 Apple’s iOS operating system is limited to a non-transferable license to use the 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 Mobile 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 a third-party beneficiary thereof; notwithstanding the foregoing, PwCCaterpillar’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.