Common use of Notice Regarding Apple Clause in Contracts

Notice Regarding Apple. a) You acknowledge that this Agreement is between you and Kespry only, not with Apple, and Apple is not responsible for the Software Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software Application. In the event of any failure of an Software Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Software Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software Application. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application or your possession and/or use of the Software Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Software Application 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 Software Application or your possession and use of the Software Application infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Software Application. 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 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.

Appears in 1 contract

Samples: Kespry Terms of Service and End User License Agreement

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Notice Regarding Apple. a) You acknowledge that this Agreement XXXX is between you and Kespry Flywheel only, not with Apple, and Apple is not responsible for the Software Application and App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software ApplicationApp. In the event of any failure of an Software Application the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Software Application App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software ApplicationApp. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application App or your possession and/or use of the Software ApplicationApp, including, but not limited to: (ia) product liability claims; (iib) any claim that the Software Application App fails to conform to any applicable legal or regulatory requirement; and (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 Software Application App or your possession and use of the Software Application App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Software ApplicationApp. Apple, and Apple’s subsidiaries, are 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 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.U.S.

Appears in 1 contract

Samples: cdn.flywheelsports.com

Notice Regarding Apple. a) You If you are using the Application on an iOS device, you acknowledge that this Agreement you have read, understood, and agree to the following notice regarding Apple. This XXXX is between you and Kespry Intermedia only, not with Apple, and Apple is not responsible for the Software Application Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software ApplicationService. In the event of any failure of an Software Application the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the any applicable purchase price for the relevant Software Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software ApplicationService. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application Service or your possession and/or use of the Software ApplicationService, including, but not limited to: (i) product liability claims; (ii) any claim that the Software Application 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 Software Application or Service and/or your possession and use of the Software Application infringes infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Software ApplicationService. Apple, and Apple’s subsidiaries, are 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 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.

Appears in 1 contract

Samples: www.intermedia.net

Notice Regarding Apple. a) This Section 33 only applies to the extent you are using this App on an iOS device. You acknowledge that this Agreement XXXX is between you and Kespry Ascensia only, not with AppleApple , and Apple is not responsible for the Software Application this App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software Applicationthis App. In the event of any failure of an Software Application this App to conform to any applicable warranty, then you may notify Apple and Apple will refund the any applicable purchase price for the relevant Software Application this App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software Applicationthis App. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application this App or your possession and/or use of the Software Applicationthis App, including, but not limited to: (ia) product liability claims; (iib) any claim that the Software Application this App fails to conform to any applicable legal or regulatory requirement; and (iiic) claims arising under consumer protection protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Software Application or this App and/or your possession and use of the Software Application infringes that this App infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms, terms when using the Software Applicationthis App. Apple, Apple and Apple’s subsidiaries, subsidiaries are 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 hereby represent and warrant that (ix) 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 (iiy) you are not listed on any U.S. Government list of prohibited or restricted parties.

Appears in 1 contract

Samples: License Agreement

Notice Regarding Apple. a) You acknowledge that this Agreement XXXX is between you and Kespry Fieldwire only, not with Apple, and Apple is not responsible for the Software Application Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software ApplicationService. In the event of any failure of an Software Application the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the any applicable purchase price for the relevant Software Application App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software ApplicationService. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application Service or your possession and/or use of the Software ApplicationService, including, but not limited to: (i) product liability claims; (ii) any claim that the Software Application 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 Software Application or Service and/or your possession and use of the Software Application infringes App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Software ApplicationService. Apple, and Apple’s subsidiaries, are 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 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.

Appears in 1 contract

Samples: License Agreement

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Notice Regarding Apple. a) You acknowledge that this Agreement is these Terms are between you and Kespry Current only, not with Apple, and Apple is not responsible for the Software Application and Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software ApplicationService. In the event of any failure of an Software Application the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Software Application Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software ApplicationService. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application Service or your possession and/or use of the Software ApplicationService, including, but not limited to: (i) product liability claims; (ii) any claim that the Software Application 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 settlement, and discharge of any third party claim that the Software Application Service or your possession and use of the Software Application Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, terms when using the Software ApplicationService. Apple, and Apple’s subsidiaries, are 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 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.. 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

Appears in 1 contract

Samples: License Agreement

Notice Regarding Apple. a) You acknowledge that this Agreement XXXX is between you and Kespry Xxxxxxx & Co. only, not with Apple, and Apple is not responsible for the Software Application Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software ApplicationService. In the event of any failure of an Software Application the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the any applicable purchase price for the relevant Software Application App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software ApplicationService. Apple is not responsible for addressing any claims by you or any third party relating to the Software Application Service or your possession and/or use of the Software ApplicationService, including, but not limited to: (i) product liability claims; (ii) any claim that the Software Application 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 Software Application or Service and/or your possession and use of the Software Application infringes App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Software ApplicationService. Apple, and Apple’s subsidiaries, are 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 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.

Appears in 1 contract

Samples: License Agreement

Notice Regarding Apple. a) If You are using the Application on an iOS device, You acknowledge that this Agreement You have read, understood, and agree to the following notice regarding Apple. This XXXX is between you You and Kespry Intermedia only, not with Apple, and Apple is not responsible for the Software Application Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software ApplicationService. In the event of any failure of an Software Application the Service to conform to any applicable warranty, then you You may notify Apple and Apple will refund the any applicable purchase price for the relevant Software Application to youYou; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software ApplicationService. Apple is not responsible for addressing any claims by you You or any third party relating to the Software Application Service or your Your possession and/or use of the Software ApplicationService, including, but not limited to: (i) product liability claims; (ii) any claim that the Software Application 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 Software Application or your Service and/or Your possession and use of the Software Application infringes infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Software ApplicationService. Apple, and Apple’s subsidiaries, are 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 party beneficiary of this AgreementXXXX. You hereby represent and warrant that (i) you 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.the

Appears in 1 contract

Samples: End User Licence Agreement

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