Common use of Distributor Requirements and Usage Rules Clause in Contracts

Distributor Requirements and Usage Rules. 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 Terms (and therefore in the Subscription Agreement): 8.1. You acknowledge and agree that: a. the Subscription Agreement is concluded between Playermaker and you only, and not with Apple, and Playermaker and its licensors, and not Apple, are solely responsible for the App and the content thereof. b. 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 the Subscription Agreement. c. 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; e. Playermaker is solely responsible for providing any maintenance and support services with respect to the App, as specified in the Subscription Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; f. Playermaker 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 Playermaker's sole responsibility; g. Playermaker, 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; h. 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; i. Apple, and its subsidiaries, are third party beneficiaries of the Subscription Agreement, and that, upon your acceptance of the terms and conditions of the Subscription Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Subscription Agreement against you as a third party beneficiary thereof. 8.2. 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. 8.3. If you have any questions, complaints, or claims regarding the App, please contact Playermaker at: Email: xxxx@xxxxxxxxxxx.xx.xx. Telephone: +000000000000. 8.4. By entering into the Subscription Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that the Subscription 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, at xxx.xxxxx.xxx/xxxxx/xxxxxx/xx/xxxxx.xxxx#XXXXXXX (as amended from time to time).

Distributor Requirements and Usage Rules. 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 Terms (and therefore in the Subscription Agreement): 8.1. You acknowledge and agree that: a. the Subscription Agreement is concluded between Playermaker PlayerMaker and you only, and not with Apple, and Playermaker PlayerMaker and its licensors, and not Apple, are solely responsible for the App and the content thereof. b. 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 the Subscription Agreement. c. 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; e. Playermaker PlayerMaker is solely responsible for providing any maintenance and support services with respect to the App, as specified in the Subscription Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; f. Playermaker PlayerMaker 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 PlayermakerPlayerMaker's sole responsibility; g. PlayermakerPlayerMaker, 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; h. 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; i. Apple, and its subsidiaries, are third party beneficiaries of the Subscription Agreement, and that, upon your acceptance of the terms and conditions of the Subscription Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Subscription Agreement against you as a third party beneficiary thereof. 8.2. 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. 8.3. If you have any questions, complaints, or claims regarding the App, please contact Playermaker PlayerMaker at: Email: xxxx@xxxxxxxxxxx.xx.xx. Telephone: +000000000000. 8.4. By entering into the Subscription Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that the Subscription 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, at xxx.xxxxx.xxx/xxxxx/xxxxxx/xx/xxxxx.xxxx#XXXXXXX (as amended from time to time).

Distributor Requirements and Usage Rules. Apple. If you download the TOJA 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 Terms Agreement: (and therefore in the Subscription Agreement): 8.1. You a) you acknowledge and agree that: a. the Subscription (i) this Agreement is concluded between Playermaker TOJA and you only, and not with Apple, and Playermaker TOJA and its licensors, and not Apple, are solely responsible for the TOJA App and the content thereof. b. (ii) your use of the TOJA 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 the Subscription this Agreement. c. (iii) the License Licence granted herein is limited to a non-transferable right to use the TOJA App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; e. Playermaker (iv) TOJA is solely responsible for providing any maintenance and support services with respect to the TOJA App, as specified in the Subscription this Agreement, or as required under applicable lawApplicable Law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the TOJA App; f. Playermaker (v) TOJA 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 TOJA 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 TOJA App to you. To the maximum extent permitted by applicable lawApplicable Laws, Apple will have no other warranty obligation whatsoever with respect to the TOJA App, and, any other claims, losses, liabilities, damages, costs or expenses Losses attributable to any failure to conform to any warranty will be Playermaker's TOJA’s sole responsibility; g. Playermaker(vi) TOJA, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the TOJA App or your possession and/or use of the TOJA App, including, but not limited to: : (aA) product liability claims; ; (bB) any claim that the TOJA App fails to conform to any applicable legal or regulatory requirement; and and (cC) claims arising under consumer protection or similar legislation, including in connection with the TOJA App's ’s use of HealthKit and HomeKit frameworks; h. (vii) in the event of any third party claim that the TOJA App or your possession and use of the TOJA App infringes that third party's intellectual property rights’s Intellectual Property Rights, Apple shall not be responsible for the investigation, defensedefence, settlement and discharge of any such intellectual property Intellectual Property infringement claim; i. (viii) Apple, and its subsidiaries, are third party beneficiaries of the Subscription this Agreement, and that, upon your acceptance of the terms and conditions of the Subscription this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Subscription this Agreement against you as a third party beneficiary thereof. 8.2. (b) You represent and warrant that: (a) that you are not located in a country that is subject to a U.S. Government embargosanctioned, restricted or that has been designated under any sanctions, restrictions or designations imposed by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on European Union, the United States or the United Kingdom or any U.S. Government list of prohibited or restricted partiesother country with jurisdiction over you. 8.3. If you have any questions, complaints, or claims regarding the App, please contact Playermaker at: Email: xxxx@xxxxxxxxxxx.xx.xx. Telephone: +000000000000. 8.4. By entering into the Subscription Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that the Subscription 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, at xxx.xxxxx.xxx/xxxxx/xxxxxx/xx/xxxxx.xxxx#XXXXXXX (as amended from time to time).

Distributor Requirements and Usage Rules. Apple. If you download the TOJA 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 Terms Agreement: (and therefore in the Subscription Agreement): 8.1. You a) you acknowledge and agree that: a. the Subscription (i) this Agreement is concluded between Playermaker TOJA and you only, and not with Apple, and Playermaker TOJA and its licensors, and not Apple, are solely responsible for the TOJA App and the content thereof. b. (ii) your use of the TOJA 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 the Subscription this Agreement. c. (iii) the License Licence granted herein is limited to a non-transferable right to use the TOJA App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; e. Playermaker (iv) TOJA is solely responsible for providing any maintenance and support services with respect to the TOJA App, as specified in the Subscription this Agreement, or as required under applicable lawApplicable Law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the TOJA App; f. Playermaker (v) TOJA 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 TOJA 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 TOJA App to you. To the maximum extent permitted by applicable lawApplicable Laws, Apple will have no other warranty obligation whatsoever with respect to the TOJA App, and, any other claims, losses, liabilities, damages, costs or expenses Losses attributable to any failure to conform to any warranty will be Playermaker's TOJA’s sole responsibility; g. Playermaker(vi) TOJA, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the TOJA App or your possession and/or use of the TOJA App, including, but not limited to: : (aA) product liability claims; ; (bB) any claim that the TOJA App fails to conform to any applicable legal or regulatory requirement; and and (cC) claims arising under consumer protection or similar legislation, including in connection with the TOJA App's ’s use of HealthKit and HomeKit frameworks; h. (vii) in the event of any third party claim that the TOJA App or your possession and use of the TOJA App infringes that third party's intellectual property rights’s Intellectual Property Rights, Apple shall not be responsible for the investigation, defensedefence, settlement and discharge of any such intellectual property Intellectual Property infringement claim; i. (viii) Apple, and its subsidiaries, are third party beneficiaries of the Subscription this Agreement, and that, upon your acceptance of the terms and conditions of the Subscription this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Subscription this Agreement against you as a third party beneficiary thereof. 8.2. (b) You represent and warrant that: (a) that you are not located in a country that is subject to a U.S. Government embargosanctioned, restricted or that has been designated under any sanctions, restricted or designations imposed by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on European Union, the United States or the United Kingdom or any U.S. Government list of prohibited or restricted partiesother country with jurisdiction over you. 8.3. If you have any questions, complaints, or claims regarding the App, please contact Playermaker at: Email: xxxx@xxxxxxxxxxx.xx.xx. Telephone: +000000000000. 8.4. By entering into the Subscription Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that the Subscription 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, at xxx.xxxxx.xxx/xxxxx/xxxxxx/xx/xxxxx.xxxx#XXXXXXX (as amended from time to time).