Application Store Terms Sample Clauses

Application Store Terms. The following applies if you download or otherwise acquire the App via the Apple "App Store" or via Google's "Google Play" Store: You and Xxxxxx acknowledge and agree that these Terms of Service are solely between you and Xxxxxx, not Apple or Google, as applicable (the "App Store Operator"), and that the applicable App Store Operator has no responsibility for the App or content thereof. and Xxxxxx acknowledge and agree that the applicable App Store Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Store Operator, and the applicable App Store Operator will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, the applicable App Store Operator 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 solely governed by these Terms of Service and any law applicable to Xxxxxx as provider of the software. You and Xxxxxx acknowledge and agree that the applicable App Store Operator is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Xxxxxx as provider of the software. You and Xxxxxx acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Xxxxxx, not the applicable App Store Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You hereby represent and warrant to Xxxxxx and the applicable App Store Operator that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited ...
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