Common use of Apple Clause in Contracts

Apple. If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement: You acknowledge and agree that: this Agreement is concluded between Tonara and you only, and not with Apple, and Tonara and its licensors, and not Apple, are solely responsible for the App and the content thereof. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; Tonara is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; Tonara is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tonara' sole responsibility; Tonara, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App 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 App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple 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. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints, or claims regarding the App, please contact Xxxxxx at: Email: xxxxxxx@xxxxxx.xxx Telephone: +000-0-000-0000 Address: Tonara

Apple. If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement: You acknowledge and agree that: this Agreement is concluded between Tonara and you only, and not with Apple, and Tonara and its licensors, and not Apple, are solely responsible for the App and the content thereof. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; Tonara is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; Tonara is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tonara' sole responsibility; Tonara, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App 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 App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple 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. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints, or claims regarding the App, please contact Xxxxxx Tonara at: Email: xxxxxxx@xxxxxx.xxx Telephone: +000-0-000-0000 Address: Tonara

Apple. If This section only applies to you download if you obtained the App from the Apple, Apple Inc. ("Apple Inc. together with all of its affiliates, Apple") Apple’s App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the AgreementStore: □ You acknowledge that these Terms are between you and agree that: this Agreement is concluded between Tonara and you WADA only, and not with Apple, and Tonara and its licensors, and not Apple, are solely responsible the responsibility for the App and the content thereofthereof is governed by these terms. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; Tonara is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. □ Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; Tonara is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. □ In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple, Apple and Apple will, to will refund the extent applicable, refund any purchase price paid (if any) by you for the App to you. To ; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, and any other claims, claims losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tonara' sole responsibility; Tonara, and not Apple, is responsible for addressing any product governed by these terms. □ Any claims you, or any third party, may have relating to in connection with the App or your possession and/or use of the App, including, but not limited related to: (ai) product liability claims; (bii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection protection, privacy, or similar legislation; in the event of any is governed by these Terms, and Apple is not responsible for such claim □ Any third party claim that the App or and/or your possession and use of the App infringes that third party’s intellectual property rightsrights will be governed by these Terms, and Apple shall will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; . □ The license granted to you in these Terms is limited to use only on Apple, -branded products and its subsidiaries, are third as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third-party beneficiaries of this Agreement, and that, upon your acceptance of terms when using the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereofApp. □ You represent and warrant thatthat you are not: (aA) you are not located in a any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and or (bB) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have □ You may contact us in writing regarding any notices, questions, complaints, complaints or claims regarding with respect to the AppPlatforms. □ Apple, please contact Xxxxxx and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. □ If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at: Emailxxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: xxxxxxx@xxxxxx.xxx Telephone: +000-0-000-0000 Address: Tonaraxxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

Apple. If you download the App from the Apple, Inc. ("“Apple"”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement: You acknowledge and agree that: this Agreement is concluded between Tonara Theranica and you only, and not with Apple, and Tonara Theranica and its licensors, and not Apple, are is solely responsible for the App and the content thereof. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; Tonara Theranica is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; Tonara Theranica is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tonara' Theranica’ sole responsibility; TonaraTheranica, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks; in the event of any third party Third-Party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, investigation defense, settlement settlement, and discharge of any such intellectual property infringement claim; Apple, and its subsidiaries, subsidiaries are third party Third-Party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party Third-Party beneficiary thereof. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints, or claims regarding the AppApp or Nerivio Device, please contact Xxxxxx Xxxxxxxxx’s customer support at: Email: xxxxxxx@xxxxxx.xxx xxxxxxx@xxxxxxx.xxx Theranica’s Headquarter contact: Telephone: +000-000-000-0000 0000000 Address: Tonara0 Xx-Xxxxxx Xx., Xxxxxxx 0000000, Israel Contact details of your local customer support can be found on website (xxx.xxxxxxx.xxx) or the App. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service (as amended from time to time). Theranica Privacy Policy