Mobile Software from Apple App Store. The following applies to any Mobile Software Customer acquires from the Apple App Store (App Store Software): Customer agrees that this agreement is solely between Customer and FDR, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. Customer’s use of the App Store Software must comply with the App Store Terms of Service. Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the App Store Software to Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to FDR as provider of the App Store Software. Customer acknowledges that Apple is not responsible for addressing any claims by Customer or any third party relating to the App Store Software or Customer’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software 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 this agreement and any law applicable to FDR as provider of the App Store Software. Customer acknowledges that, in the event of any third- party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, FDR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this agreement. Customer and FDR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement as relates to Customer’s license of the App Store Software, and that, upon Customer’s 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 as relates to Customer’s license of the ...
Mobile Software from Apple App Store. If you obtained the Mobile Software from the Apple App Store, the following terms apply: This Agreement is solely between you and Company, and not with Apple Inc. Apple has no responsibility for the Mobile Software or its content. Your use of the Mobile Software must comply with the current App Store Terms of Service. Apple has no obligation to provide maintenance or support services for the Mobile Software. In case of any failure to conform to applicable warranties, you may contact Apple for a refund of the purchase price. Apple disclaims any warranty obligations and any other claims related to the Mobile Software. Apple is not responsible for addressing any claims or liabilities arising from your use of the Mobile Software. Any third-party intellectual property infringement claims related to the Mobile Software are the sole responsibility of Company. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and Apple has the right to enforce this Agreement against you as a third-party beneficiary.
Mobile Software from Apple App Store. The following applies to any Mobile Software Customer acquires from the Apple App Store (App Store Software): Customer agrees that this agreement is solely between Customer and CCM, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. Customer’s use of the App Store Software must comply with the App Store Terms of Service. Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the App Store Software to Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to CCM as provider of the App Store Software. Customer acknowledges that Apple is not responsible for addressing any claims by Customer or any third party relating to the App Store Software or Customer’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software 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 this agreement and any law applicable to CCM as provider of the App Store Software. Customer represents and warrants that (i) he/she/it is 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) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties. Customer must comply with applicable third-party terms of use when using the Software (e.g., the Software is a VoIP application, then the end user must not be in violation of their wireless data service agreement when using the software). Customer acknowledges that, in the event of any third-party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, CCM, not Apple, will be solely responsible for the inv...
