Common use of Mobile Apps Clause in Contracts

Mobile Apps. This Section 13.6 applies to any Solution intended for use on Mobile Devices. 13.6.1. For any Solution downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.2. For any Solution downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution and the content of such Solution. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” Those Default XXXX Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 14.3 applies to any Solution Solutions intended for use on Mobile Devices. 13.6.114.3.1. For any Solution Solutions downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.214.3.2. For any Solution Solutions downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution Solutions and the content of such Solutionthereof. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including, but not limited to: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.314.3.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” Those Default XXXX Terms will apply to your use of Solutions you purchase buy through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedencecontrol. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 14.3 applies to any Solution Solutions intended for use on Mobile Devices. 13.6.114.3.1. For any Solution Solutions downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.214.3.2. For any Solution Solutions downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution Solutions and the content of such Solutionthereof. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including, but not limited to: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.314.3.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” Those Default XXXX Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 applies to any Solution intended for use on Mobile Devices. 13.6.1. For any Solution downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.2. For any Solution downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution and the content of such Solution. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” Those Default XXXX EULA Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 applies to any Solution intended for use on Mobile Devices. 13.6.1. For any Solution downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.2. For any Solution downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution and the content of such Solution. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” Those Default XXXX Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 applies to any Solution intended for use on Mobile Devices. 13.6.1. For any Solution downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.2. For any Solution downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution and the content of such Solution. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” ”. Those Default XXXX Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 14.3 applies to any Solution Solutions intended for use on Mobile Devices. 13.6.114.3.1. For any Solution Solutions downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), ) (xxxx://xxxx.xxxxxx.xxx) the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.214.3.2. For any Solution Solutions downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-Apple- powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution Solutions and the content of such Solutionthereof. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including, but not limited to: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.314.3.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” Those Default XXXX Terms will apply to your use of Solutions you purchase buy through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedencecontrol. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.

Mobile Apps. This Section 13.6 applies to any Solution intended for use on Mobile Devices. 13.6.1. For any Solution downloaded from Google Play (xxxx://xxxx.xxxxxx.xxx), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store. 13.6.2. For any Solution downloaded from the Apple App Store, the following terms apply: (a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at xxxx://xxx.xxxxx.xxx/legal/internet-services/itunes/us/terms.html xxxx://xxx.xxxxx.xxx/legal/internet- services/itunes/us/terms.html or through such sites and other means made available to you by Apple. (b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution and the content of such Solution. (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. (d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility. (e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution. (h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on 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. 13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default XXXX Terms.” ”. Those Default XXXX Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default XXXX Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default XXXX Terms and this Agreement, then to the extent of such conflict the Default XXXX Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default XXXX Terms.