Apple Terms Sample Clauses

Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. 27.9
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Apple Terms. If a Member access or download Resilia’s on the Apple Store, they agree also with the End User License Agreement for the Apple Licensed Application.
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Apple Terms. If Merchant has acquired a Point Service that includes download of Verifone’s PAYware Mobile application from the Apple iTunes Application Store, the following additional terms apply to such software (in addition to the license terms set forth in the Agreement): Merchant agrees and acknowledges that Apple is not responsible for the PAYware Mobile application and its content. In addition, Merchant’s use of such PAYware Mobile application downloaded from such location is limited to a non-transferable license to use the PAYware Mobile application on any Apple branded products running iOS (collectively "Apple Device(s)") that Merchant owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, Verifone hereby informs Merchant and Merchant acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PAYware Mobile application. Apple has no warranty obligation with respect to the PAYware Mobile application and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is the responsibility of Reseller or its licensor. Apple is not responsible for addressing any claims relating to the PAYware Mobile application or Merchant’s possession and/or use of the PAYware Mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the PAYware Mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for any third-party infringement claims that the PAYware Mobile application or Merchant’s possession and use of the PAYware Mobile application infringe a third party's intellectual property rights. Verifone, its licensors and Merchant acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to any such PAYware Mobile application, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Merchant as a third party beneficiary thereof as set forth herein.
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Apple Terms. These Terms are concluded between you and XXXXX RESEARCH GROUP LLC only. Apple has no obligation to provide any maintenance or support services with respect to the “CONGRESS IN YOUR POCKET” Application. By using the “CONGRESS IN YOUR POCKET” Application you agree that Apple and Apple's subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary to these terms and conditions. XXXXX RESEARCH GROUP LLC, and not Apple will, be responsible for addressing any claims instigated by you relating to the Application, including, but not limited to product liability claims; any claim that the Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, XXXXX RESEARCH GROUP LLC and not Apple will be solely responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim.
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Apple Terms. If you obtained the FC App from the Apple Inc. (Apple) App Store, you and we acknowledge and agree that (to the full extent permitted by applicable law):
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Apple Terms. 3.1 Bynder, and not Apple, is solely responsible for the App and the license granted herein. Apple has no obligation to provide maintenance and support for the App. 3.2 User’s and Customer's use of the App must comply with the Usage Rules set forth in the Apple App Store Terms of Use, which can be accessed and downloaded at: xxxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html. 3.3 The App is not covered by the Bynder Service Level Agreement or any other service level agreement in place between Customer and Bynder. Nevertheless, Bynder will aim to provide customer support for the App to the same standard as set out in the Agreement. 3.4 In order to respond to FAQs and help its customers to resolve common problems without needing direct assistance from Support, Bynder maintains the Knowledge Base on the Bynder website (xxxx.xxxxxx.xxx). If your question is not resolved via the Knowledge Base, the Bynder help desk can be contacted by email anytime via xxxxxxx@xxxxxx.xxx. 3.5 Apple is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by Customer or any third party for allegations relating to the App, or your or Customer's possession and/or use of the App, including but not limited to: (a) product liability; (b) any failure of the App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights. 3.6 As a User, you represent and warrant that: (a) the App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties. 3.7 Bynder’s address is Max Xxxxxxxxx 00, 0000 XX Xxxxxxxxx, xxx Xxxxxxxxxxx. Any claims regarding the App may be submitted via email to xxxxx@xxxxxx.xxx. 3.8 Notwithstanding anything to the contrary in the Agreement, Apple and its subsidiaries are third- party beneficiaries of the iOS App Terms of Use, and have the right (and shall be deemed to have accepted the right) to enforce the iOS App Terms of Use against you and Customer. 3.9 To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and ...
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Apple Terms. If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that: the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system and subject to Apple’s usage rules and requirements; these Terms are between you and Passport, and not with Apple; Apple is not responsible for the Services and the content therein; Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Passport, not Apple; except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and Passport (and not between you, or anyone else, and Apple); in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and although these Terms and Conditions are entered into between you and Passport (and not Apple), Apple, as a third-party beneficiary under these Terms and Conditions, will have the right to enforce them against you. In addition, you represent and warrant that: you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and you are not listed on any United States Government list of prohibited or restricted parties; and if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.
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Apple Terms. When you access or download the application of MiamiXperience Grupo Xxxx USA LLC in the Apple Store app, you are accepting the Apple End User Application License Agreement .
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Related to Apple Terms

  • Same Terms All terms used herein which are defined in the Credit Agreement shall have the same meanings when used herein, unless the context hereof otherwise requires or provides. In addition, (i) all references in the Loan Documents to the “Agreement” shall mean the Credit Agreement, as amended by this Amendment, and (ii) all references in the Loan Documents to the “Loan Documents” shall mean the Loan Documents, as amended by this Amendment, as the same shall hereafter be amended from time to time.

  • Applicable Terms The following terms (the “Software License Terms”) apply to the Software purchased by Customer on the Purchase Document based upon the Software’s method of deployment (the “Deployment Type”). insightsoftware offers two Deployment Types:

  • Agreement Terms The terms of the Agreement conform to University policy. The period of performance for the project is approximately one (1) year. The amount of funding support will not exceed $200,000. Since research projects are often amended, this agreement includes provisions for changes in time and scope. University procedures for approval of these changes will be followed and additional conflict of interest review will be done as appropriate.

  • AGREED TERMS IT IS AGREED as follows:

  • Service Terms Each Service Order will provide for a service term. At the end of the service term of any Service Order, unless either party gives written notice to the other party of its intention not to renew at least ninety (90) days before the end of a service term, the term of such Service Order will automatically renew for successive twelve (12) month periods. Termination of one Service Order will not affect the term of any other Service Order.

  • ONLINE TERMS AND CONDITIONS The Terms and Conditions specified herein shall govern all members of xxx.xxxxxxxxxxxxxxxx.xxx (“EHSAN AUCTIONEERS SDN. BHD. website”).

  • Amended Terms On and after the Amendment Effective Date, all references to the Credit Agreement in each of the Loan Documents shall hereafter mean the Credit Agreement as amended by this Amendment. Except as specifically amended hereby or otherwise agreed, the Credit Agreement is hereby ratified and confirmed and shall remain in full force and effect according to its terms.

  • License Terms This license is for one full Semester. It cannot be cancelled or terminated except under the conditions cited in this license.

  • Transaction Terms Product: Firm (LD) Energy Delivery Point: MISO CP Node AMIL.BGS6, or any successor thereto Quantity: See Table 1 below.

  • Additional Terms applicable to the Transaction Adjustments applicable to the Transaction: Potential Adjustment Events: Notwithstanding Section 11.2(e) of the Equity Definitions, a “Potential Adjustment Event” means an occurrence of any event or condition, as set forth in any Dilution Adjustment Provision, that would result in an adjustment pursuant to the Indenture to the “Conversion Rate” or the composition of a “unit of Reference Property” or to any “Last Reported Sale Price”, “Daily VWAP,” “Daily Conversion Value” or “Daily Settlement Amount” (each as defined in the Indenture). For the avoidance of doubt, Dealer shall not have any delivery or payment obligation hereunder, and no adjustment shall be made to the terms of the Transaction, on account of (x) any distribution of cash, property or securities by Counterparty to holders of the Convertible Notes (upon conversion or otherwise) or (y) any other transaction in which holders of the Convertible Notes are entitled to participate, in each case, in lieu of an adjustment under the Indenture of the type referred to in the immediately preceding sentence (including, without limitation, pursuant to the fourth sentence of Section 14.04(c) of the Indenture or the fourth sentence of Section 14.04(d) of the Indenture). Method of Adjustment: Calculation Agent Adjustment, which means that, notwithstanding Section 11.2(c) of the Equity Definitions, upon any Potential Adjustment Event, the Calculation Agent, acting in good faith and in a commercially reasonable manner, shall make a corresponding adjustment to any one or more of the Strike Price, Number of Options, Option Entitlement and any other variable relevant to the exercise, settlement or payment for the Transaction. Notwithstanding the foregoing and “Consequences of Merger Events / Tender Offers” below, if the Calculation Agent in good faith disagrees with any adjustment to the Convertible Notes that involves an exercise of discretion by Counterparty or its board of directors (including, without limitation, pursuant to Section 14.05 of the Indenture, Section 14.07 of the Indenture or any supplemental indenture entered into thereunder or the determination of the fair value of any securities, property, rights or other assets), then in each such case, the Calculation Agent will determine the adjustment to be made to any one or more of the Strike Price, Number of Options, Option Entitlement and any other variable relevant to the exercise, settlement or payment for the Transaction in a commercially reasonable manner taking into account the relevant provisions of the Indenture; provided that, notwithstanding the foregoing, if any Potential Adjustment Event occurs during the Settlement Averaging Period but no adjustment was made to any Convertible Note under the Indenture because the relevant Holder (as such term is defined in the Indenture) was deemed to be a record owner of the underlying Shares on the related Conversion Date, then the Calculation Agent shall make a commercially reasonable adjustment, as determined by it, to the terms hereof in order to account for such Potential Adjustment Event. Dilution Adjustment Provisions: Sections 14.04(a), (b), (c), (d) and (e) and Section 14.05 of the Indenture. Extraordinary Events applicable to the Transaction: Merger Events: Applicable; provided that notwithstanding Section 12.1(b) of the Equity Definitions, a “Merger Event” means the occurrence of any event or condition set forth in the definition of “Merger Event” in Section 14.07 of the Indenture. Tender Offers: Applicable; provided that notwithstanding Section 12.1(d) of the Equity Definitions, a “Tender Offer” means the occurrence of any event or condition set forth in Section 14.04(e) of the Indenture. Consequences of Merger Events / Tender Offers: Notwithstanding Section 12.2 and Section 12.3 of the Equity Definitions, upon the occurrence of a Merger Event or a Tender Offer, the Calculation Agent shall make a corresponding adjustment in respect of any adjustment under the Indenture to any one or more of the nature of the Shares (in the case of a Merger Event), Strike Price, Number of Options, Option Entitlement and any other variable relevant to the exercise, settlement or payment for the Transaction, subject to the second paragraph under “Method of Adjustment”; provided, however, that such adjustment shall be made without regard to any adjustment to the Conversion Rate pursuant to any Excluded Provision; provided further that if (x) with respect to any Merger Event or any Tender Offer, (i) (A) the consideration for the Shares includes (or, at the option of a holder of Shares, may include) shares of an entity or person that is not a corporation or is not organized under the laws of the United States, any State thereof or the District of Columbia or (B) the Counterparty to the Transaction following such Merger Event or Tender Offer will not be a corporation organized under the laws of the United States, any State thereof or the District of Columbia and (ii) Dealer determines at any time following the occurrence of such Merger Event or Tender Offer that (A) such Merger Event or Tender Offer has had or will have an adverse effect on Dealer’s rights and obligations under the Transaction or (B) Dealer will incur or has incurred an increased (as compared with circumstances existing on the Trade Date) amount of tax, duty, expense or fee to (1) acquire, establish, re-establish, substitute, maintain, unwind or dispose of any transaction(s) or asset(s) constituting a commercially reasonable hedge position in respect of the economic risk of entering into and performing its obligations with respect to the Transaction or (2) realize, recover or remit the proceeds of any transaction(s) or asset(s) constituting a commercially reasonable hedge position in respect of the economic risk of entering into and performing its obligations with respect to the Transaction or (y) a Prohibited Foreign Transaction occurs, then, in the case of either clause (x) or clause (y), Cancellation and Payment (Calculation Agent Determination) may apply at Dealer’s commercially reasonable election; provided further that, for the avoidance of doubt, adjustments shall be made pursuant to the provisions set forth above regardless of whether any Merger Event or Tender Offer results in a Conversion Date occurring prior to the Free Convertibility Date (any such conversion, an “Early Conversion”).

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