Common use of Notice Regarding Apple Clause in Contracts

Notice Regarding Apple. This section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the Services. You acknowledge that this Agreement is between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services and the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third- party beneficiaries of this Agreement, and upon your acceptance 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 of this Agreement. You agree that Apple is not responsible for any maintenance and support services in connection with the Services.

Appears in 54 contracts

Samples: Patient Care Services Agreement, Service Agreement, Patient Care Services Agreement

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Notice Regarding Apple. This section only applies to the extent If you are using our mobile application(s) the Application on an iOS device in connection with the Services. You device, you acknowledge that this Agreement you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and us Intermedia only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services Service and the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesService. In the event of any failure of the Services Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the mobile application Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServicesService. Apple is not responsible for addressing any claims by you or any third party relating to the Services Service or your possession and/or use of the ServicesService, including, but not limited to: (ai) product liability claims; (bii) any claim that the Services fail Service fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection, privacy, protection or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defencedefense, settlement and discharge of any third-third party claim that the Services Service and/or your possession and use of the Services Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-third party terms terms, when using the ServicesService. Apple Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this AgreementXXXX, and upon your acceptance of this AgreementXXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement XXXX against you as a third party beneficiary of this AgreementXXXX. You agree hereby represent and warrant that Apple (i) 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 (ii) you are not responsible for listed on any maintenance and support services in connection with the ServicesU.S. Government list of prohibited or restricted parties.

Appears in 3 contracts

Samples: End User License Agreement (Eula), End User License Agreement (Eula), End User License Agreement (Eula)

Notice Regarding Apple. This section Section 21 only applies to the extent you are using our mobile application(s) the App on an iOS device in connection with the Servicesdevice. You acknowledge that this Agreement is these Terms are between you and us PortalOne only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services and Service or the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditionsof it. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesService. In If the event of any failure of the Services Service fails to conform to any applicable warranty, you may notify Apple Apple, and Apple will refund any applicable purchase price for the mobile application App to you; and, to . To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServicesService. Apple is not responsible for addressing any claims by you or any third party relating to the Services Service or your possession and/or use of the ServicesService, including: (a1) product liability claims; (b2) any claim that the Services fail Service fails to conform to any applicable legal or regulatory requirement; and or (c3) claims arising under consumer protection, privacy, protection or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defencedefense, settlement settlement, and discharge of any third-party claim that the Services Service and/or your possession and use of the Services Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the ServicesService. Apple and Apple’s subsidiaries are third- third-party beneficiaries of this Agreementthese Terms, and upon your acceptance of this Agreementthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms against you as a third third-party beneficiary of this Agreementthese Terms. You hereby 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. PortalOne Arcade (“PortalOne,” “we,” “our,” and/or “us”) values the privacy of individuals who use our Service (as defined in our Terms of Service). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from users of the Service (“Users”) or their devices. By using or accessing the Service, you agree that Apple to the collection, use, disclosure, sharing, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of the Service is not responsible for any maintenance and support services in connection with the Servicesalso subject to our Terms of Service.

Appears in 3 contracts

Samples: User Agreement, User Agreement, User Agreement

Notice Regarding Apple. This section Section 19 only applies to the extent you are using our mobile application(s) on an iOS device in connection with the Servicesdevice. You acknowledge that this Agreement is these Terms are between you and us bluebird only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services Service and the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesService. In the event of any failure of the Services Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServicesService. Apple is not responsible for addressing any claims by you or any third party relating to the Services Service or your possession and/or use of the ServicesService, including: (ai) product liability claims; (bii) any claim that the Services fail Service fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection, privacy, protection or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defencedefense, settlement and discharge of any third-third party claim that the Services Service and/or your possession and use of the Services Service infringe third party’s intellectual property rights. You agree to comply with any applicable third-third party terms when using the ServicesService. Apple and Apple’s subsidiaries are third- third party beneficiaries of this Agreementthese Terms, and upon your acceptance of this Agreementthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms against you as a third party beneficiary of this Agreementthese Terms. You agree hereby represent and warrant that Apple (i) 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 (ii) you are not responsible for listed on any maintenance and support services in connection with the ServicesU.S. Government list of prohibited or restricted parties.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Notice Regarding Apple. This section only applies to the extent If you are using our mobile application(s) the Application on an iOS device in connection with the Services. You device, you acknowledge that this Agreement you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and us Serverdata only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services Service and the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesService. In the event of any failure of the Services Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the mobile application Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServicesService. Apple is not responsible for addressing any claims by you or any third party relating to the Services Service or your possession and/or use of the ServicesService, including, but not limited to: (ai) product liability claims; (bii) any claim that the Services fail Service fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection, privacy, protection or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defencedefense, settlement and discharge of any third-third party claim that the Services Service and/or your possession and use of the Services Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-third party terms terms, when using the ServicesService. Apple Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this AgreementXXXX, and upon your acceptance of this AgreementXXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement XXXX against you as a third party beneficiary of this AgreementXXXX. You agree hereby represent and warrant that Apple (i) 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 (ii) you are not responsible for listed on any maintenance and support services in connection with the ServicesU.S. Government list of prohibited or restricted parties.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Notice Regarding Apple. This section only applies The following additional terms and conditions apply to use of the extent you are using our mobile application(s) Application on an iOS device in connection with the Services. You acknowledge that this Agreement is between you and us onlyApple, not with Apple Inc. (“Apple”)) iOS-powered Mobile Device. You and Xxxxx acknowledge that these Terms of Use are concluded between you and Gates only, and not with Apple, and Apple is not responsible for the Services and Application or the content Content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable You agree that your license to use the application on any Apple-branded products Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the user owns or controls and as permitted by Application shall be subject to the Usage Rules usage rules set forth in the Apple’s then-current App Store Terms of Service. You and Xxxxx acknowledge that Apple Media Services Terms and Conditions. Apple has shall have no obligation whatsoever to furnish any provide maintenance and support services with respect to the ServicesApplication. In the event of any failure of the Services Application to conform to any applicable warranty, you may notify contact Apple and Apple will refund any applicable the purchase price for the mobile application Application to you; and, to . To the maximum extent permitted by applicable law, Apple has will have no other warranty obligation whatsoever with respect to the ServicesApplication, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application - see Section 9.2 (Disclaimer of Warranties). You and we acknowledge that Apple is not responsible shall have no responsibility for addressing any claims by you or any third party relating to the Services Application or your possession and/or use of the ServicesApplication, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, privacy or similar legislation. All such responsibility is allocated between us If a third party claims that the Application or your possession and you under this Agreement. use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defenceinvestigation defense, settlement and or discharge of any third-party claim that the Services and/or your possession and use of the Services infringe third party’s such intellectual property rightsinfringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Xxxxx’ contact information for any questions, complaints or claims with respect to the Application is set forth in Section 17 below. You agree to comply with any all applicable third-third party terms of agreement when using the ServicesApplication. Apple You and we acknowledge and agree that Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this Agreement, and upon these Terms of Use. Upon your acceptance of this Agreementthese Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms of Use against you as a third party beneficiary of this Agreement. You agree that Apple is not responsible for any maintenance and support services in connection with the Servicesthereof.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Notice Regarding Apple. This section only applies to (a) To the extent that you are using our mobile application(s) or accessing the App on an iOS device in connection with device, you further acknowledge and agree to the Servicesterms of this clause. You acknowledge that this Agreement is these Terms are between you and us PHM only, not with Apple Inc. (Apple), and Apple is not responsible for the Services App and any content available on the content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. App. (b) Apple has no obligation whatsoever to furnish you with any maintenance and support services with respect to the Services. In the event of any failure of the Services App. (c) If PHM’s mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable the purchase price for of the mobile application to you; and, to . To the maximum extent permitted by applicable law, Apple has will have no other warranty obligation whatsoever with respect to the Services. mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PHM’s responsibility. (d) Apple is not responsible for addressing any claims by you or any third party relating to the Services PHM’s mobile application or your possession and/or use of the ServicesPHM’s mobile application, including: including but not limited to: (ai) product liability claims; ; (bii) any claim that the Services fail PHM’s mobile application fails to conform to any applicable legal or regulatory requirement; and and (ciii) claims arising under consumer protection, privacy, protection or similar legislation. All such responsibility is allocated between us and you under this Agreement. . (e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe PHM’s mobile application infringes that third party’s intellectual property rights. . (f) You agree to comply with any applicable third-party terms when using the Services. PHM’s mobile application. (g) Apple and Apple’s subsidiaries are third- third-party beneficiaries of this Agreementthese Terms, and upon your acceptance of this Agreementthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms against you as a third third-party beneficiary of this Agreement. these Terms. (h) You agree hereby represent and warrant that: (i) you are not located in a country that Apple 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) you are not responsible for listed on any maintenance and support services in connection with the ServicesU.S. Government list of prohibited or restricted parties.

Appears in 1 contract

Samples: End User Licence Agreement

Notice Regarding Apple. This section only applies to To the extent that you are using our mobile application(s) or accessing ProductionCrate on an iOS device in connection with device, you acknowledge and agree to the Servicesterms of this clause. You acknowledge that this Agreement is these Terms of Service are between you and us ProductionCrate LLC only, not with Apple Inc. (Apple), and Apple is not responsible for the Services ProductionCrate and the content thereof. Your right to use the Services any materials available in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and ConditionsProductionCrate. Apple has no obligation whatsoever to furnish you with any maintenance and support services with respect to the ServicesProductionCrate. In the event of any failure of the Services If ProductionCrate fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable the purchase price for of the mobile application to you; and, to . To the maximum extent permitted by applicable law, Apple has will have no other warranty obligation whatsoever with respect to the ServicesProductionCrate and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility. Apple is not responsible for addressing any claims by you or any third party relating to the Services ProductionCrate or your possession and/or use of the ServicesProductionCrate, including: including but not limited to (a1) product liability claims; (b2) any claim that the Services fail our mobile application fails to conform to any applicable legal or regulatory requirement; and (c3) claims arising under consumer protection, privacy, protection or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defencedefense, settlement settlement, and discharge of any third-third- party claim that the Services and/or your possession and use of the Services infringe our mobile application infringes that third party’s 's intellectual property rights. You agree to comply with any applicable third-party terms when using ProductionCrate, including any Usage Rules set forth in the ServicesApple App Store Agreement of Service. Apple and Apple’s 's subsidiaries are third- third-party beneficiaries of this Agreementthese Terms of Service, and upon your acceptance of this Agreementthese Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms of Service against you as a third third-party beneficiary of this Agreementthese Terms of Service. You agree hereby represent and warrant that Apple (1) 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 (2) you are not responsible for listed on any maintenance and support services in connection with the ServicesU.S. Government list of prohibited or restricted parties.

Appears in 1 contract

Samples: Terms of Use and Limited License Agreement

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Notice Regarding Apple. This section only applies The following additional terms and conditions apply to use of the extent you are using our mobile application(s) Application on an iOS device in connection with the Services. You acknowledge that this Agreement is between you and us onlyApple, not with Apple Inc. (“Apple”)) iOS-powered Mobile Device. You and Unyte-iLs acknowledge that these Terms of Use are concluded between you and Unyte-iLs only, and not with Apple, and Apple is not responsible for the Services and Application or the content Content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable You agree that your license to use the application on any Apple-branded products Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the user owns or controls and as permitted by Application shall be subject to the Usage Rules usage rules set forth in the Apple’s then-current App Store Terms of Service. You and Unyte-iLs acknowledge that Apple Media Services Terms and Conditions. Apple has shall have no obligation whatsoever to furnish any provide maintenance and support services with respect to the ServicesApplication. In the event of any failure of the Services Application to conform to any applicable warranty, you may notify contact Apple and Apple will refund to you any applicable purchase price for the mobile application Application made to you; and, to Apple. To the maximum extent permitted by applicable law, Apple has will have no other warranty obligation whatsoever with respect to the ServicesApplication, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application - see Section 10.1 (Disclaimer of Warranties). You and we acknowledge that Apple is not responsible shall have no responsibility for addressing any claims by you or any third party relating to the Services Application or your possession and/or use of the ServicesApplication, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, privacy or similar legislation. All such responsibility is allocated between us If a third party claims that the Application or your possession and you under this Agreement. use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defenceinvestigation defense, settlement and or discharge of any third-party claim that the Services and/or your possession and use of the Services infringe third party’s such intellectual property rightsinfringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Unyte-iLs’ contact information for any questions, complaints or claims with respect to the Application is set forth in Section 18 below. You agree to comply with any all applicable third-party terms of agreement when using the ServicesApplication. Apple You and we acknowledge and agree that Apple, and Apple’s subsidiaries subsidiaries, are third- third-party beneficiaries of this Agreement, and upon these Terms of Use. Upon your acceptance of this Agreementthese Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms of Use against you as a third third-party beneficiary of this Agreement. You agree that Apple is not responsible for any maintenance and support services in connection with the Servicesthereof.

Appears in 1 contract

Samples: Terms of Use

Notice Regarding Apple. This section only applies The following additional terms and conditions apply to use of the extent you are using our mobile application(s) Application on an iOS device in connection with the Services. You acknowledge that this Agreement is between you and us onlyApple, not with Apple Inc. (“Apple”)) iOS-powered Mobile Device. You and Xxxxxx acknowledge that these Terms of Use are concluded between you and Xxxxxx only, and not with Apple, and Apple is not responsible for the Services and Application or the content Content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable You agree that your license to use the application on any Apple-branded products Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the user owns or controls and as permitted by Application shall be subject to the Usage Rules usage rules set forth in the Apple’s then-current App Store Terms of Service. You and Xxxxxx acknowledge that Apple Media Services Terms and Conditions. Apple has shall have no obligation whatsoever to furnish any provide maintenance and support services with respect to the ServicesApplication. In the event of any failure of the Services Application to conform to any applicable warranty, you may notify contact Apple and Apple will refund any applicable the purchase price for the mobile application Application to you; and, to . To the maximum extent permitted by applicable law, Apple has will have no other warranty obligation whatsoever with respect to the ServicesApplication, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application - see Section 11.1 (Disclaimer of Warranties). You and we acknowledge that Apple is not responsible shall have no responsibility for addressing any claims by you or any third party relating to the Services Application or your possession and/or use of the ServicesApplication, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, privacy or similar legislation. All such responsibility is allocated between us If a third party claims that the Application or your possession and you under this Agreement. use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defenceinvestigation defense, settlement and or discharge of any third-party claim that the Services and/or your possession and use of the Services infringe third party’s such intellectual property rightsinfringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Xxxxxx’x contact information for any questions, complaints or claims with respect to the Application is set forth in Section 19 below. You agree to comply with any all applicable third-party terms of agreement when using the ServicesApplication. Apple You and we acknowledge and agree that Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this Agreement, and upon these Terms of Use. Upon your acceptance of this Agreementthese Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms of Use against you as a third third-party beneficiary of this Agreement. You agree that Apple is not responsible for any maintenance and support services in connection with the Servicesthereof.

Appears in 1 contract

Samples: Terms of Use

Notice Regarding Apple. This In the event of any conflict between this Notice Regarding Apple section only applies to and other sections of this XXXX, the terms and conditions set forth in this Notice Regarding Apple shall control. To the extent you are using our mobile application(s) on that the Gravity Platform is an iOS device in connection with the Services. You acknowledge that this Agreement application: a. This XXXX is between you You and us EstateSpace only, not with Apple Inc. (“Apple”). EstateSpace, and Apple not Apple, is not solely responsible for the Services Gravity Platform and the content thereof. Your right . b. This license granted to use You for the Services in application form on an iOS device Gravity Platform is limited to a limited, non-transferable exclusive, non-transferable, non- sublicensable license to use the application Gravity Platform on any Apple-branded products that the user owns You control or controls and own except as permitted by the Usage Rules otherwise set forth explicitly in Apple’s App Store Terms of Service. c. EstateSpace is solely responsible for providing any maintenance and support services with respect to the Apple Media Services Terms and ConditionsGravity Platform to the extent required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesGravity Platform. In the event of Nothing in this XXXX shall be deemed an admission or acknowledgement by EstateSpace that EstateSpace bears legal responsibility for any failure of the Services to conform to any applicable warrantymaintenance and support services. d. EstateSpace, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; andnot Apple, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you You or any third party relating to the Services Gravity Platform or your Your possession and/or use of the ServicesGravity Platform, including, but not limited to: (ai) product liability claims; (bii) any claim that the Services fail Gravity Platform fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection, privacy, protection or similar legislation. All Nothing in this XXXX shall be deemed an admission or acknowledgement by EstateSpace that any such claims may arise or that EstateSpace bears legal responsibility is allocated between us and you under this Agreement. Apple is for them. e. EstateSpace, not Apple, will be solely responsible for the investigation, defencedefense, settlement and discharge of any third-third party claim that the Services Gravity Platform and/or your Your possession and use of the Services Gravity Platform infringe that third party’s intellectual property rights. Nothing in this XXXX shall be deemed an admission or acknowledgement by EstateSpace that any such claims may arise or that EstateSpace bears legal responsibility for them. f. You agree to comply with any applicable third-party terms terms, when using the Services. Apple Gravity Platform. g. Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this AgreementXXXX, and upon your Your acceptance of this AgreementXXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement XXXX against you You as a third third-party beneficiary of this AgreementXXXX. Contact. If You agree that Apple is not responsible for have any maintenance and support services in connection with questions regarding the ServicesGravity Platform or this XXXX, please contact EstateSpace via email at xxxxxxx@xxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: End User License Agreement

Notice Regarding Apple. This section only applies The following additional terms and conditions apply to use of the extent you are using our mobile application(s) Application on an iOS device in connection with the Services. You acknowledge that this Agreement is between you and us onlyApple, not with Apple Inc. (“Apple”)) iOS-powered Mobile Device. You and InteropONE acknowledge that these Terms of Use are concluded between you and InteropONE only, and not with Apple, and Apple is not responsible for the Services and Application or the content Content thereof. Your right to use the Services in application form on an iOS device is limited to a non-transferable You agree that your license to use the application on any Apple-branded products Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the user owns or controls and as permitted by Application shall be subject to the Usage Rules usage rules set forth in the Apple’s then-current App Store Terms of Service. You and InteropONE acknowledge that Apple Media Services Terms and Conditions. Apple has shall have no obligation whatsoever to furnish any provide maintenance and support services with respect to the ServicesApplication. In the event of any failure of the Services Application to conform to any applicable warranty, you may notify contact Apple and Apple will refund any applicable the purchase price for the mobile application Application to you; and, to . To the maximum extent permitted by applicable law, Apple has will have no other warranty obligation whatsoever with respect to the ServicesApplication, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application - see Section 10.1 (Disclaimer of Warranties). You and we acknowledge that Apple is not responsible shall have no responsibility for addressing any claims by you or any third party relating to the Services Application or your possession and/or use of the ServicesApplication, including: , but not limited to (a) product liability claims; , (b) any claim that the Services fail Application fails to conform to any applicable legal or regulatory requirement; , and (c) claims arising under consumer protection, privacy, privacy or similar legislation. All such responsibility is allocated between us If a third-party claims that the Application or your possession and you under this Agreement. use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defenceinvestigation defense, settlement and or discharge of any third-party claim that the Services and/or your possession and use of the Services infringe third party’s such intellectual property rightsinfringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. InteropONE’s contact information for any questions, complaints or claims with respect to the Application is set forth in Section 20 (Questions) below. You agree to comply with any all applicable third-party terms of agreement when using the ServicesApplication. Apple You and we acknowledge and agree that Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this Agreement, and upon these Terms of Use. Upon your acceptance of this Agreementthese Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement these Terms of Use against you as a third party beneficiary of this Agreement. You agree that Apple is not responsible for any maintenance and support services in connection with the Servicesthereof.

Appears in 1 contract

Samples: Terms of Use

Notice Regarding Apple. This In the event of any conflict between this Notice Regarding Apple section only applies to and other sections of this XXXX, the terms and conditions set forth in this Notice Regarding Apple shall control. To the extent you are using our mobile application(s) on that the Gravity Platform is an iOS device in connection with the Services. You acknowledge that this Agreement application: a. This XXXX is between you You and us Xxxxxxx only, not with Apple Inc. (“Apple”). Xxxxxxx, and Apple not Apple, is not solely responsible for the Services Gravity Platform and the content thereof. Your right . b. This license granted to use You for the Services in application form on an iOS device Gravity Platform is limited to a limited, non-transferable exclusive, non-transferable, non- sublicensable license to use the application Gravity Platform on any Apple-branded products that the user owns You control or controls and own except as permitted by the Usage Rules otherwise set forth explicitly in Apple’s App Store Terms of Service. x. Xxxxxxx is solely responsible for providing any maintenance and support services with respect to the Apple Media Services Terms and ConditionsGravity Platform to the extent required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesGravity Platform. In the event of Nothing in this XXXX shall be deemed an admission or acknowledgement by Xxxxxxx that Xxxxxxx bears legal responsibility for any failure of the Services to conform to any applicable warrantymaintenance and support services. x. Xxxxxxx, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; andnot Apple, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you You or any third party relating to the Services Gravity Platform or your Your possession and/or use of the ServicesGravity Platform, including: , but not limited to: (ai) product liability claims; (bii) any claim that the Services fail Gravity Platform fails to conform to any applicable legal or regulatory requirement; and (ciii) claims arising under consumer protection, privacy, protection or similar legislation. All Nothing in this XXXX shall be deemed an admission or acknowledgement by Xxxxxxx that any such claims may arise or that Xxxxxxx bears legal responsibility is allocated between us and you under this Agreement. Apple is for them. x. Xxxxxxx, not Apple, will be solely responsible for the investigation, defencedefense, settlement and discharge of any third-third party claim that the Services Gravity Platform and/or your Your possession and use of the Services Gravity Platform infringe that third party’s intellectual property rights. Nothing in this XXXX shall be deemed an admission or acknowledgement by Xxxxxxx that any such claims may arise or that Xxxxxxx bears legal responsibility for them. f. You agree to comply with any applicable third-party terms terms, when using the Services. Apple Gravity Platform. g. Apple, and Apple’s subsidiaries subsidiaries, are third- third party beneficiaries of this AgreementXXXX, and upon your Your acceptance of this AgreementXXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement XXXX against you You as a third third-party beneficiary of this AgreementXXXX. Contact. If You agree that Apple is not responsible for have any maintenance and support services in connection with questions regarding the ServicesGravity Platform or this XXXX, please contact Xxxxxxx via email at xxxxxxx@xxxxxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: End User License Agreement

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