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 47 contracts

Samples: www.cardiovascular.abbott, www.cardiovascular.abbott, www.cardiovascular.abbott

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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 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: www.gates.com, assets.gates.com

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 Services.U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Intermedia

Appears in 2 contracts

Samples: License Agreement, www.intermedia.com

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: License Agreement, License Agreement

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: Sharesync End User License Agreement, 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 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: koerber-supplychain.com

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 these Terms are between you and us Current 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 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 the purchase price for the mobile application relevant Service 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 settlement, and discharge of any third-third party claim that the Services and/or Service or your possession and use of the Services infringe Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-third party terms when using the ServicesService. Apple Apple, and Apple’s subsidiaries 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 listed on any U.S. Government list of prohibited or restricted parties. If Current provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. CURRENT PRIVACY POLICY Last updated: June 8th, 2018 At Current, your privacy is important to us. This Privacy Policy is designed to explain how we collect, use, process, share, and safeguard Personal Information about you gathered through our websites, including xxxxxxx.xx (the “Sites”), and the Current mobile application (the “App”), (collectively, the “Services”). It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us if you have any maintenance questions or concerns. The terms “Current,” “we,” and support services in connection with “us” include Current Media LLC, our affiliates and subsidiaries. By using the Services, you agree to the processing of your Personal Information as described in this Privacy Policy. Beyond the Privacy Policy, your use of the Service is also subject to our Terms of Service [xxxx://xxxxxxx.xx/terms]. INFORMATION WE COLLECT For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. We obtain Personal Information relating to you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with them or if we are legally required to collect it.

Appears in 1 contract

Samples: License Agreement

Notice Regarding Apple. This section only applies to the extent If you are using our mobile application(s) applications on an iOS device in connection with device, the Servicesterms of this section (Notice Regarding Apple) apply. You acknowledge that this Agreement is between you and us Gasmob 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 ConditionsServices. Apple has no obligation whatsoever to furnish any maintenance and or support services with respect to the Services. In the event of any failure of If the Services fail 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 claim by you or any third party relating to the Services or your possession and/or 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, 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 or discharge of any third-party claim that the Services and/or or your possession and use of the Services infringe mobile application infringes that third party’s intellectual property rights. You you agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third- 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. You hereby represent and warrant that: • 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 third party beneficiary “terrorist supporting” country; and • you are not listed on any U.S. Government list of prohibited or restricted parties. Notice Regarding Other App Stores or Services If you are accessing or downloading the Gasmob application from any other app stores or services, you may be subject to that app store’s or services’ terms of use. Entire Agreement. This Agreement, with the Privacy Policy contains the entire agreement between you and Gasmob regarding the use of the Service. If any provision of this AgreementAgreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that Apple your Gasmob account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not responsible for make any maintenance and support services representations or bind Gasmob in connection with the Services.any manner. Contacting Gasmob

Appears in 1 contract

Samples: s3.amazonaws.com

Notice Regarding Apple. This section only applies to the extent If you are using our mobile application(s) the App on an iOS device in connection with the Services. You iOS-based device, you agree to and acknowledge that this Agreement is between you and us Company only, not with Apple Apple, Inc. (“Apple”), and Apple is not responsible for the Services App 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 App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the mobile application App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServicesApp. Apple is not responsible for addressing any claims by you or any third party relating to the Services App or your possession and/or use of the ServicesApp, including, but not limited to: (ai) product liability claims; (bii) any claim that the Services fail App 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 App and/or your possession and use of the Services App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-third party terms terms, when using the ServicesApp. Apple Apple, and Apple’s subsidiaries subsidiaries, are third- 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 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 1 contract

Samples: Terms of Use

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 UBIMET only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services and App 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 this Agreement. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServicesApp. In the event of any failure of the Services App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable the purchase price (if applicable) for the mobile application relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServicesApp. Apple is not responsible for addressing any claims by you or any third party relating to the Services App or your possession and/or or use of the ServicesApp, including, without limitation: (a) product liability claims; (b) any claim that the Services fail App fails to conform to any applicable legal or regulatory requirement; and (c) 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 and/or your possession and use of the Services infringe App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-third party terms terms, when using the ServicesApp. Apple and Apple’s subsidiaries are third- 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 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 listed on any U.S. government list of prohibited or restricted parties. If UBIMET provides a translation of the English language version of this Agreement, the translation is provided solely for any maintenance convenience, and support services in connection with the ServicesEnglish version shall prevail.

Appears in 1 contract

Samples: Terms of Use 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 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 Xband Enterprises 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 Services.U.S. Government list of prohibited or restricted parties. 3 CONTACTING COMPANY The Service is offered by: Xband Enterprises, Inc. 00 Xxxxxxxx Xxxxxx Suite 11

Appears in 1 contract

Samples: www.xbandenterprises.com

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. Privacy Policy 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 1 contract

Samples: User Agreement for Portalone

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 Xband Enterprises 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 Services.U.S. Government list of prohibited or restricted parties. CONTACTING COMPANY The Service is offered by: Xband Enterprises, Inc.

Appears in 1 contract

Samples: www.xbandenterprises.com

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: Productioncrate Mobile App

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