Common use of Notice Regarding Apple Clause in Contracts

Notice Regarding Apple. You acknowledge that this XXXX is between you and QuickCarl only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXX. You hereby represent and warrant that (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 listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Apple. This Section 29 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX is Agreement are between you and QuickCarl ServiceTitan only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of If the Service fails to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (ia) product liability claims; (iib) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and or (iiic) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App Service infringe that a third party’s intellectual property rights. You agree to comply with any applicable third party terms, terms when using the Service. Apple, Apple and Apple’s subsidiaries, subsidiaries are third party beneficiaries of this XXXXAgreement, and upon your acceptance of this XXXXAgreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX Agreement against you as a third party beneficiary of this XXXXAgreement. You hereby represent and warrant that that: (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 listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Apple. You acknowledge This Section only applies to the extent the Products include Absolute’s mobile application for use on an iOS device. Customer acknowledges that this XXXX Agreement is between you Customer and QuickCarl Absolute only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and Products or the content thereofof it. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServiceProducts. In If the event of any failure of the Service Product fails to conform to any applicable warranty, then you Customer may notify Apple Apple, and Apple will refund any applicable purchase price for the App mobile application to you; and, to Customer. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServiceProduct. Apple is not responsible for addressing any claims by you Customer or any third party relating to the Service Product or your Customer’s possession and/or use of the ServiceProduct, including, but not limited to: (i1) product liability claims; (ii2) any claim that the Service Product fails to conform to any applicable legal or regulatory requirement; and or (iii3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement settlement, and discharge of any third third-party claim that the Service Product and/or your Customer’s possession and use of the App Product infringe that a third party’s intellectual property rights. You agree Customer agrees to comply with any applicable third third-party terms, terms when using the ServiceProduct. Apple, Apple and Apple’s subsidiaries, subsidiaries are third third- party beneficiaries of this XXXXAgreement, and upon your Customer’s acceptance of this XXXXAgreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX Agreement against you Customer as a third third-party beneficiary of this XXXXAgreement. You Customer hereby represent represents and warrant that warrants that: (ia) you are Customer is not located in a country that is subject to a U.S. Government embargo, embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iib) you are Customer is not listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Apple. This Section 18 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX is these Terms are between you and QuickCarl CK-12 only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of If the Service fails to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (ia) product liability claims; (iib) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and or (iiic) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App Service infringe that a third party’s intellectual property rights. You agree to comply with any applicable third party terms, terms when using the Service. Apple, Apple and Apple’s subsidiaries, subsidiaries are third party beneficiaries of this XXXXthese Terms, and upon your acceptance of this XXXXthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX these Terms against you as a third party beneficiary of this XXXXthese Terms. You hereby represent and warrant that that: (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 listed on any U.S. Government list of prohibited or restricted parties. Parents (includes legal guardians or persons in parental relationships) and Eligible Students (student 18 years and older) can expect the following: 1. A student’s personally identifiable information (PII) cannot be sold or released for any commercial purpose. PII, as defined by Education Law § 2-d and FERPA, includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition. 2. The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency. This right may not apply to parents of an Eligible Student. 3. State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, the Family Educational Rights and Privacy Act ("FERPA") at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501-6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s identifiable information. 4. Safeguards associated with industry standards and best practices including but not limited to encryption, firewalls and password protection must be in place when student PII is stored or transferred. 5. A complete list of all student data elements collected by NYSED is available at xxxx://xxx.xxxxx.xxx/data-privacy-security/student-data-inventory and by writing to: Chief Privacy Officer, New York State Education Department, 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, XX 00000. 6. The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. Complaints should be directed to: Xxxxx Xxxxx, Data Protection Officer, xxxxxx@xxxx.xxx. Complaints may also be submitted to NYSED at xxxx://xxx.xxxxx.xxx/data-privacysecurity/report-improper-disclosure, by mail to: Chief Privacy Officer, New York State Education Department, 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, XX 00000; by email to xxxxxxx@xxxxx.xxx; or by telephone at 518-474- 0937. 7. To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of PII occurs. 8. Educational agency workers that handle PII will receive training on applicable state and federal laws, policies, and safeguards associated with industry standards and best practices that protect PII. 9. Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements. In accordance with its obligations under the Parents’ Bill Rights and Data Privacy and Security Agreement, the Contractor verifies the following supplemental information to the Parents’ Bill of Rights regarding data privacy and security: (1) The student data or teacher or principal data (collectively, “PII Data”) received by the Contractor will be used exclusively for the following purpose(s): Contractor and its agents, employees and subcontractors, if any, shall use PII Data solely for the purpose of providing services as set forth in the CK-12 Terms of Use, “Attachment A,” and this Agreement. Contractor and its agents, employees and subcontractors will not use PII Data for any other purposes. Any Data received by Contractor or any of its agents, employees, subcontractors or assignees shall not be sold or released for any commercial purposes, nor shall it be sold or used for marketing purposes. (2) The Contractor will ensure the confidentiality of PII Data that is shared with subcontractors or other persons or entities as follows: In the event that Contractor subcontracts with an outside entity or individual in order to fulfill its obligations to the District, Contractor ensures that it will only share PII Data with such subcontractors as described as “Third Party Service Providers” in “Attachment D” section (v) who maintain such data privacy and security consistent with those required of Contractor pursuant to the Agreement. Contractor will maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of PII Data in its custody consistent with the data protection and security requirements of state and federal law and regulations by adhering to the provisions in the “THIRD-PARTY CONTRACTOR’S DATA SECURITY AND PRIVACY PLAN,” “Attachment D.” (3) This Agreement is effective upon execution by both parties and shall continue until terminated by either party by giving at least 30 days written notice. Within thirty (30) calendar days after the termination of the Agreement, all PII Data will be de-identified and/or deleted from Contractor’s computer systems, based on written request from the District. Contractor will provide written confirmation of such disposition to the District, upon written request. (4) A parent, student, teacher or principal can challenge the accuracy of PII Data received by the Contractor as follows: In the event that a parent or eligible student wishes to challenge the accuracy of PII Data concerning that student that is maintained by Contractor or its subcontractors, such challenge may be processed through the procedures provided by the applicable educational agency or institution for amendment of education records under the Family Educational Rights and Privacy Act (FERPA). In the event that Contractor is notified of the outcome of any such errors made by Contractor, it will promptly correct any inaccurate data it or its subcontractors or assignees maintain. The District or the applicable New York education agency/institution will use FERPA’s data correction procedures, as applicable, to update any data that is not a result of an error made by Contractor or its subcontractors. (5) The following is how PII Data will be stored and what security protections will be taken by the Contractor: All Data in Contractor’s possession will be securely stored. Contractor represents that the following security protections, including encryption where applicable, will be in place to ensure that PII Data is protected. • Password protections • Administrative procedures • Encryption while PII is in motion and at rest • Firewalls In accordance with its obligations under the Parents’ Bill Rights and Data Privacy and Security Agreement, the Contractor represents and warrants that its data security and privacy plan described below or attached hereto contains the following minimum required provisions: (i) Contractor will implement State and federal data security and privacy contract requirements for the duration of its contract by: Adhering to the NIST Cybersecurity Framework. Our NIST “Current Profile” is available upon request. (ii) Contractor will use the following administrative, operational and technical safeguards to protect personally identifiable information: Refer to Section 11 of the CK-12 Privacy Policy, “Attachment E.” (iii) Contractor has complied with requirements of §121.3(c) of the Commissioner’s Regulations by providing and complying with the supplemental contractor information as follows: §121.3(c)(1) - Refer to Section 5 in the CK-12 Privacy Policy, “Attachment E.” §121.3(c)(2) - Refer to Section 6 in the CK-12 Privacy Policy, “Attachment E.” §121.3(c)(3) - For contract duration, refer to item 3 in the Supplement to the Parents’ Bill of Rights, “Attachment C,” above. - For disposition or transfer of data, refer to item 3 in the Supplement to the Parents’ Bill of Rights, “Attachment C,” above, and to Sections 8 and 13 in the CK-12 Privacy Policy, “Attachment E.” §121.3(c)(4) - Refer to item 4 in the Parents’ Bill of Rights above. §121.3(c)(5) - The CK-12 site runs on the Amazon Web Services (AWS) cloud. - Refer to Section 13 in the CK-12 Privacy Policy, “Attachment E,” for more information on security. §121.3(c)(6) - Refer to Section 13 in the CK-12 Privacy Policy, “Attachment E.” (iv) Contractor’s employees and any assignees with access to student data, or teacher or principal data have received or will receive training on relevant confidentiality laws, before receiving access to such data, as follows: Employees with access to PII receive training on handling this data. (v) Contractor works with third party service providers for cloud-based hosting, communicating with users for product support and information, troubleshooting issues, and analytics. For more information on any of the third parties used by Contractor, please email: xxxxxxx@xx00.xxx (vi) Contractor will implement an action plan for handling any breach or unauthorized disclosure of personally identifiable information and will promptly notify the school district of any breach or unauthorized disclosure as follows: CK-12 has an established incident response plan, which can be provided upon request. (vii) Data will be returned, transitioned to a successor contractor, deleted, de-identified, or destroyed when the contract ends or is terminated as follows: - For disposition or transfer of data, refer to item 3 in the Supplement to the Parents’ Bill of Rights, “Attachment C,” above, and to Section 6 in the CK-12 Privacy Policy, “Attachment E.” We are CK-12 Foundation, a U.S. non-profit organization dedicated to free educational content. This Privacy Policy describes how we use and share the personal information we collect about you when you use our Platform, which includes our website (xx00.xxx) and related products and services (including our mobile applications). This Privacy Policy also contains information about the rights and choices you have regarding your personal information. PLEASE READ OUR ENTIRE PRIVACY POLICY CAREFULLY BEFORE USING OUR PLATFORM.

Notice Regarding Apple. You acknowledge Customer acknowledges that this XXXX the Agreement is between you Customer and QuickCarl Service Provider only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services the Services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServiceServices. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third third-party claim that the Service and/or your Customer`s possession and use of the App Services infringe that third party’s intellectual property rights. You agree Customer agrees to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this XXXX, and upon your acceptance of this XXXX, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX against you as a third party beneficiary of this XXXXAgreement. You Customer hereby represent and warrant that (i) you Customer and its Authorized Users are not located in a country that is subject to a U.S. Government or any other embargo, or that has been designated by the U.S. Government or any other government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government or other government list of prohibited or restricted parties.

Notice Regarding Apple. This Section 20 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX is these Terms are between you and QuickCarl Ameelio only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and or the content thereofof it. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of If the Service fails to conform to any applicable warranty, then you may notify Apple Apple, and Apple will refund any applicable purchase price for the App mobile application to you; and, to . To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the and/Service, including, but not limited to: (i1) product liability claims; (ii2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and or (iii3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement settlement, and discharge of any third third-party claim that the Service and/or your possession and use of the App Service infringe that a third party’s intellectual property rights. You agree to comply with any applicable third third- party terms, terms when using the Service. Apple, Apple and Apple’s subsidiaries, subsidiaries are third third-party beneficiaries of this XXXXthese Terms, and upon your acceptance of this XXXXthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX these Terms against you as a third third-party beneficiary of this XXXXthese Terms. You hereby represent and warrant that that: (ia) you are not located in a country that is subject to a U.S. Government embargo, embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iib) you are not listed on any U.S. Government list of prohibited or restricted parties.parties.‌

Notice Regarding Apple. This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX is these Terms are between you and QuickCarl Cognoa only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and App or the content thereofof it. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServiceApp. In If the event of any failure of the Service App fails to conform to any applicable warranty, then you may notify Apple Apple, and Apple will refund any applicable purchase price for the App mobile application to you; and, to . To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServiceApp. Apple is not responsible for addressing any claims by you or any third party relating to the Service App or your possession and/or use of the ServiceDevice, including, but not limited to: (i1) product liability claims; (ii2) any claim that the Service App fails to conform to any applicable legal or regulatory requirement; and or (iii3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement settlement, and discharge of any third third-party claim that the Service App and/or your possession and use of the App infringe that a third party’s intellectual property rights. You agree to comply with any applicable third third-party terms, terms when using the ServiceApp. Apple, Apple and Apple’s subsidiaries, subsidiaries are third third-party beneficiaries of this XXXXthese Terms, and upon your acceptance of this XXXXthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX these Terms against you as a third third-party beneficiary of this XXXXthese Terms. You hereby represent and warrant that that: (ia) you are not located in a country that is subject to a U.S. Government embargo, embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iib) you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Apple. This Section 24 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX Agreement is between you and QuickCarl Pinned only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of If the Service fails to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (ia) product liability claims; (iib) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and or (iiic) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App Service infringe that a third party’s intellectual property rights. You agree to comply with any applicable third party terms, terms when using the Service. Apple, Apple and Apple’s subsidiaries, subsidiaries are third party beneficiaries of this XXXXAgreement, and upon your acceptance of this XXXXAgreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX Agreement against you as a third party beneficiary of this XXXXAgreement. You hereby represent and warrant that that: (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 listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Apple. 17.1 This Article 17 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX is these User Terms and Conditions are between you and QuickCarl Zivver only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and Services or the content thereofof it. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServiceServices. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServiceServices. Apple is not responsible for addressing any claims by you or any third party relating to the Service Services or your possession and/or use of the ServiceServices, including, but not limited to: (i1) product liability claims; (ii2) any claim that the Service Services fails to conform to any applicable legal or regulatory requirement; and or (iii3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement settlement, and discharge of any third third-party claim that the Service Services and/or your possession and use of the App Services infringe that a third party’s intellectual property rights. You agree to comply with any applicable third third-party terms, terms when using the ServiceServices. Apple, Apple and Apple’s subsidiaries, subsidiaries are third third-party beneficiaries of this XXXXthese User Terms and Conditions, and upon your acceptance of this XXXXthese User Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX these User Terms and Conditions against you as a third third-party beneficiary of this XXXXthese User Terms and Conditions. You hereby represent and warrant that that: (i1) you are not located in a country that is subject to a U.S. Government embargo, embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.and

Notice Regarding Apple. This Section 29 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this XXXX is these Terms are between you and QuickCarl onlyAbove & Beyond Studios, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of If the Service fails to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (ia) product liability claims; (iib) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and or (iiic) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App Service infringe that a third party’s intellectual property rights. You agree to comply with any applicable third party terms, terms when using the Service. Apple, Apple and Apple’s subsidiaries, subsidiaries are third party beneficiaries of this XXXXthese Terms, and upon your acceptance of this XXXXthese Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX these Terms against you as a third party beneficiary of this XXXXthese Terms. You hereby represent and warrant that that: (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 listed on any U.S. Government list of prohibited or restricted parties.U.S.

Notice Regarding Apple. You acknowledge This Section applies to the extent that the Product licensed to Customer is a mobile application on an iOS device. Customer acknowledges that this XXXX Agreement is between you Customer and QuickCarl Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service and Product or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ServiceProduct. In If the event of any failure of the Service Product fails to conform to any applicable warranty, then you Customer may notify Apple and Apple will refund any applicable purchase price for the App mobile application to youCustomer; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ServiceProduct. Apple is not responsible for addressing any claims by you Customer or any third party relating to the Service Product or your Customer’s possession and/or and / or use of the ServiceProduct, including, but not limited to: (ia) product liability claims; (iib) any claim that the Service Product fails to conform to any applicable legal or regulatory requirement; and or (iiic) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement settlement, and discharge of any third party claim that the Service and/or your Product and / or Customer’s possession and use of the App infringe that Product infringes a third party’s intellectual property rights. You agree Customer agrees to comply with any applicable third party terms, terms when using the ServiceProduct. Apple, Apple and Apple’s subsidiaries, subsidiaries are third party beneficiaries of this XXXXAgreement, and upon your Customer’s acceptance of this XXXXAgreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this XXXX Agreement against you Customer as a third party beneficiary of this XXXXAgreement. You Customer hereby represent represents and warrant that warrants that: (ia) you are Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iib) you are Customer is not listed on any U.S. Government list of prohibited or restricted parties.