Common use of Appointment of Agent and Commissionaire Clause in Contracts

Appointment of Agent and Commissionaire. 1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 1 to this Schedule 2, subject to change; and (ii) Your commissionaire for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 2 to this Schedule 2, subject to change, during the Delivery Period. The most current list of App Store countries among which you may select shall be set forth in the iTunes Connect site and may be updated by Apple from time to time. You hereby acknowledge that Apple will market and make the Licensed Applications available for download by end users through one or more App Stores, for You and on Your behalf. For purposes of this Schedule 2, the term "Licensed Application" includes any additional permitted functionality, content or services sold by You from within a Licensed Application using the In App Purchase API, and "end-user" includes actual end-users of Licensed Applications as well as authorized institutional customers, such as educational institutions approved by Apple, which may acquire the Licensed Applications for the end-users. 1.2 In furtherance of Apple’s appointment under Section 1.1 of this Schedule 2, You hereby authorize and instruct Apple to: (a) market, solicit and obtain orders on Your behalf for Licensed Applications from end-users located in the countries identified in the iTunes Connect site; (b) provide hosting services to You, in order to allow for the storage of, and end-user access to, the Licensed Applications; (c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and download by end-users, including adding the Security Solution; (d) allow end-users to access and re-access copies of the Licensed Applications, so that end-users may acquire and electronically download those Licensed Applications developed by You, Licensed Application Information, and associated metadata to end-users through one or more App Stores; (e) issue invoices for the purchase price payable by end-users for the Licensed Applications; (f) use (i) screen shots and/or up to 30 second excerpts of the Licensed Applications; (ii) trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application Information, for promotional purposes in marketing materials and gift cards, excluding those portions of the Licensed Applications, trademarks or logos, or Licensed Application Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Licensed Applications are delivered by You to Apple under Section 2.1 of this Schedule 2, and use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials and gift cards; and (g) otherwise use Licensed Applications, Licensed Application Information and associated metadata as may be reasonably necessary in the marketing and delivery of the Licensed Applications in accordance with this Schedule 2. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 2. 1.3 The parties acknowledge and agree that their relationship under this Schedule 2 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Licensed Applications, as provided in this Schedule 2. The parties acknowledge and agree that Your appointment of Apple as Your agent or commissionaire, as the case may be, under this Schedule 2 is non-exclusive. 1.4 For purposes of this Schedule 2, the “Delivery Period” shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that Apple’s appointment as Your agent and commissionaire shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this Schedule 2 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2.

Appointment of Agent and Commissionaire. 1.1 You hereby appoint Apple Livescribe and Apple Livescribe Subsidiaries (collectively “Apple”"Livescribe") as: : (i) Your agent for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 1 to this Schedule 2, subject to change; and (ii) Your commissionaire for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 2 to this Schedule 2, subject to change, during the Delivery Period. The most current list of App Store countries among which you may select shall be set forth in the iTunes Connect site and may be updated by Apple from time to time. You hereby acknowledge that Apple Livescribe will market and make the Licensed Applications available for download by end users through one or more App Stores, for You and Stores on Your behalf. For purposes of this Schedule 2, the term "Licensed Application" includes any additional permitted functionality, functionality or content or services sold by You from within a Licensed Application using the In App Purchase API, and "end-user" includes actual end-users of Licensed Applications as well as authorized institutional customers, such as educational institutions approved by Apple, which may acquire the Licensed Applications for the end-usersApplication. 1.2 In furtherance of Apple’s Livescribe's appointment under Section 1.1 of this Schedule 2, You hereby authorize and instruct Apple Livescribe to: (a) market, solicit solicit, and obtain orders on Your behalf for Licensed Applications from end-users located in the countries identified in the iTunes Connect sitelisted on Exhibit A; (b) provide hosting services to You, in order to allow for the storage of, and end-user access to, the Licensed Applications; (c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and download by end-users, including adding the Security Solutiona digital rights management solution; (d) allow end-users to access and re-access copies of the Licensed Applications, so that end-users may acquire from You and electronically download those Licensed Applications developed by YouApplications, Licensed Application Information, and associated metadata to end-users through one or more App Stores; (e) issue invoices for the purchase price payable by end-users for the Licensed Applications; (f) use (i) screen shots and/or up to 30 second excerpts of the Licensed Applications; (ii) trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application Information, for promotional purposes in marketing materials and gift cards, excluding those portions of the Licensed Applications, trademarks or logos, or Licensed Application Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Licensed Applications are delivered by You to Apple Livescribe under Section 2.1 of this Schedule 2, and use images and other materials that You may provide to AppleLivescribe, at Apple’s Livescribe's reasonable request, for promotional purposes in marketing materials and gift cards; and (g) otherwise use Licensed Applications, Licensed Application Information and associated metadata as may be reasonably necessary in the marketing and delivery of the Licensed Applications in accordance with this Schedule 2. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 2. 1.3 The parties acknowledge and agree that their relationship under this Schedule 2 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Licensed Applications, as provided in this Schedule 2. The parties acknowledge and agree that Your appointment of Apple Livescribe as Your agent or commissionaire, as the case may be, under this Schedule 2 is non-exclusive. 1.4 For purposes of this Schedule 2, the “"Delivery Period” " shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that Apple’s Livescribe's appointment as Your agent and commissionaire shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this Schedule 2 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2days.

Appointment of Agent and Commissionaire. 1.1 You hereby appoint Apple Clickteam LLC and Apple Clickteam Subsidiaries (collectively “AppleClickteam LLC”) as: (i) Your agent for the marketing and delivery of the Licensed Applications Click Store Items to end-users located in those countries listed on Exhibit A, Section 1 areas marketed to this Schedule 2by Clickteam LLC, subject to change; and (ii) Your commissionaire for the marketing and delivery of the Licensed Applications Click Store Items to end-users located in those countries listed on Exhibit A, Section 2 to this Schedule 2said areas, subject to change, during the Delivery Period. The most current list of App Store countries among which you may select shall be set forth in the iTunes Connect site and may be updated by Apple from time to time. .. You hereby acknowledge that Apple Clickteam LLC will market and make the Licensed Applications Click Store Items available for download by end users through one or more App Storesthe Click Store, for You and on Your behalf. For purposes of this Schedule 2, the The term "Licensed ApplicationClick Store Item" includes any additional permitted functionality, content or services assets sold by You from within a Licensed Application Click Store Item using the In App In-MMF Purchase APIsystem, or through the web interface and "end-user" includes actual end-users of Licensed Applications Click Store Items as well as authorized institutional customers, such as educational institutions approved by AppleClickteam LLC, which may acquire the Licensed Applications Click Store Items for the end-users. 1.2 In furtherance of AppleClickteam LLC’s appointment under Section 1.1 of this Schedule 2appointment, You hereby authorize and instruct Apple Clickteam LLC to: (a) market, solicit and obtain orders on Your behalf for Licensed Applications Click Store Items from end-users located in the countries identified in the iTunes ClickStore Connect site; (b) provide hosting services to You, in order to allow for the storage of, and end-user access to, the Licensed ApplicationsClick Store Items and to enable third party hosting of such Click Store Items solely as otherwise licensed or authorized by Clickteam LLC; (c) make copies of, format, and otherwise prepare Licensed Applications Click Store Items for acquisition and download by end-users, including adding the Security Solutionsecurity features; (d) allow end-users to access and re-access copies of the Licensed ApplicationsClick Store Items, so that end-users may acquire and electronically download those Licensed Applications Click Store Items developed by You, Licensed Application Click Store Item Information, and associated metadata to end-users through one or more App Storesthe Click Store; (e) issue invoices for the purchase price payable by end-users for the Licensed ApplicationsClick Store Items; (f) use (i) screen shots and/or up to 30 second excerpts of the Licensed Applications; (ii) Click Store Items, trademarks and logos associated with the Licensed ApplicationsClick Store Items; and (iii) Licensed Application Click Store Item Information, for promotional purposes in marketing materials and gift cards, excluding those portions of the Licensed ApplicationsClick Store Items, trademarks or logos, or Licensed Application Click Store Item Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Licensed Applications Click Store Items are delivered by You to Apple under Section 2.1 of this Schedule 2Clickteam LLC, and use images and other materials that You may provide to AppleClickteam LLC, at AppleClickteam LLC’s reasonable request, for promotional purposes in marketing materials and gift cards; and (g) otherwise use Licensed ApplicationsClick Store Items, Licensed Application Click Store Item Information and associated metadata as may be reasonably necessary in the marketing and delivery of the Licensed Applications Click Store Items in accordance with this Schedule 2Agreement. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 2Agreement. 1.3 The parties acknowledge and agree that their relationship under this Schedule 2 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Licensed ApplicationsClick Store Items, as provided in this Schedule 2Agreement. The parties acknowledge and agree that Your appointment of Apple Clickteam LLC as Your agent or commissionaire, as the case may be, under this Schedule 2 Agreement is non-exclusive. 1.4 For purposes of this Schedule 2Agreement, the “Delivery Period” shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that AppleClickteam’s appointment as Your agent and commissionaire shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this Schedule 2 Agreement shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2Agreement.

Appointment of Agent and Commissionaire. 1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 1 to this Schedule 2, subject to change; and (ii) Your commissionaire for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 2 to this Schedule 2, subject to change, during the Delivery Period. The most current list of App Store countries among which you may select shall be set forth in the iTunes Connect site and may be updated by Apple from time to time. You hereby acknowledge that Apple will market and make the Licensed Applications available for download by end end- users through one or more App Stores, for You and on Your behalf. For purposes of this Schedule 2, the term "Licensed Application" includes any additional permitted functionality, content or services sold by You from within a Licensed Application using the In In-App Purchase API, and "end-user" includes actual end-users of individuals using the Licensed Applications as well as authorized institutional customers, such as educational institutions approved by Apple, which may acquire the Licensed Applications for the use by their end-users. 1.2 In furtherance of Apple’s appointment under Section 1.1 of this Schedule 2, You hereby authorize and instruct Apple to: (a) market, solicit and obtain orders on Your behalf for Licensed Applications from end-users located in the countries identified in the iTunes Connect site; (b) provide hosting services to You, in order to allow for the storage of, and end-user access to, the Licensed ApplicationsApplications and to enable third party hosting of such Licensed Applications solely as otherwise licensed or authorized by Apple; (c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and download by end-end- users, including adding the Security Solution; (d) allow end-users to access and re-access copies of the Licensed Applications, so that end-users may acquire and electronically download those Licensed Applications developed by You, Licensed Application Information, and associated metadata to end-users through one or more App Stores, and You hereby authorize distribution of Your Licensed Applications under this Schedule 2 for use by multiple end users when the Licensed Application is purchased by a single institutional customer via the Volume Purchase Program for use by its end-users in accordance with the Volume Purchase Program terms, conditions, and program requirements; (e) issue invoices for the purchase price payable by end-users for the Licensed Applications; (f) use (i) screen shots and/or up to 30 second excerpts of the Licensed Applications; (ii) trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application Information, for promotional purposes in marketing materials and gift cards, excluding those portions of the Licensed Applications, trademarks or logos, or Licensed Application Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Licensed Applications are delivered by You to Apple under Section 2.1 of this Schedule 2, and use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials and gift cards; and (g) otherwise use Licensed Applications, Licensed Application Information and associated metadata as may be reasonably necessary in the marketing and delivery of the Licensed Applications in accordance with this Schedule 2. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 2. 1.3 The parties acknowledge and agree that their relationship under this Schedule 2 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Licensed Applications, as provided in this Schedule 2. The parties acknowledge and agree that Your appointment of Apple as Your agent or commissionaire, as the case may be, under this Schedule 2 is non-exclusive. 1.4 For purposes of this Schedule 2, the “Delivery Period” shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that Apple’s appointment as Your agent and commissionaire shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this Schedule 2 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2.