Common use of Mobile Software from the Apple App Store Clause in Contracts

Mobile Software from the Apple App Store. The following terms and conditions apply to You only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple 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 Apple, and Apple will refund the purchase price, if any, 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 solely governed by these Terms. you and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party 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. You and the Company acknowledge 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, the Company, 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 these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Mobile Software from the Apple App Store. The following terms and conditions apply to You only if you are using the App from the Apple App StoreTHIS PARAGRAPH APPLIES ONLY IF YOU DOWNLOAD THE SMARTMUSIC PROGRAM APPLICATION THROUGH THE APPLE APP STORE. To the extent that the other terms and conditions of these Terms this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App any software or applications downloaded from the Apple App Store. You acknowledge and agree that these Terms are this Agreement is solely between you and the CompanyMakeMusic, not Apple, and that Apple has no responsibility for the App SmartMusic program or content thereof. Your use of the SmartMusic program, if downloaded from the Apple App Store, must comply with the App Store’s applicable terms Store Terms of useService. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AppSmartMusic program. In the event of any failure of the SmartMusic program from the Apple App Store to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, price of the SmartMusic program (if any) to you; and, 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 AppSmartMusic program, and any other claims, losses, liabilities, damages, costs costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Termsthe terms of this Agreement. you You and the Company MakeMusic acknowledge that Apple is not responsible for addressing any claims of yours by you or any third party relating to the App SmartMusic program or your possession and/or use of the AppSmartMusic program, including, but not limited to: (ai) product liability claims, ; (bii) any claim that the App SmartMusic program fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge 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, the Company, 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 these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.; and

Mobile Software from the Apple App Store. The following terms and conditions apply applies to You only if any Mobile Software you are using the acquire from Apple’s App from the Apple Store (“App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. -Sourced Software”): You acknowledge and agree that these Terms are this Agreement is solely between you and the CompanyEspresa, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store’s applicable terms Store Terms of useService. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AppApp Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, price for the App Store-Sourced Software to You. To you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AppApp Store- Sourced 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 these Termsthis Agreement and any law applicable to Espresa as provider of the software. you and the Company You acknowledge that Apple is not responsible for addressing any claims of yours you or any third party relating to the App Store-Sourced Software or your possession and/or use of the AppApp Store-Sourced Software, including, but not limited to: (ai) product liability claims, ; (bii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement, ; and (ciii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Espresa as provider of the software. You and the Company acknowledge that, in the event of any third third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, the CompanyEspresa, 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 these Terms. You must comply with applicable third party terms of agreement when using the Appthis Agreement. You and the Company Espresa acknowledge and agree that Apple, and Apple’s subsidiaries, are third third-party beneficiaries of these Terms this Agreement as they relate relates to your use license of the AppApp Store-Sourced Software, and that, upon your acceptance of these Termsthe terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms this Agreement as relates to your license of the App Store-Sourced Software against you as a third third-party beneficiary thereof.

Mobile Software from the Apple App Store. The following terms and conditions apply to You you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the CompanyGenies, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple 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 Apple, and Apple will refund the purchase price, if any, for the App to Youyou. 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 solely governed by these Terms. you You and the Company Genies acknowledge that Apple is not responsible for addressing any claims of yours or any third party 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. You and the Company Genies acknowledge 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, the CompanyGenies, 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 these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company Genies acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Mobile Software from the Apple App Store. The following terms and conditions apply to You you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple 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 Apple, and Apple will refund the purchase price, if any, for the App to Youyou. 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 solely governed by these Terms. you and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party 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. You and the Company acknowledge 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, the Company, 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 these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.