Common use of Program Requirements for Applications Clause in Contracts

Program Requirements for Applications. Any Application developed using this Apple Software must meet all of the following criteria and requirements, as they may be modified by Apple from time to time: 3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. 3.3.2 An Application may not download or install executable code. Interpreted code may only be used in an Application if all scripts, code and interpreters are packaged in the Application and not downloaded. The only exception to the foregoing is scripts and code downloaded and run by Apple’s built-in WebKit framework. 3.3.3 Without Apple’s prior written approval or as permitted under Section 3.3.23 (In App Purchase API), an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the App Store. Program Agreement 3.3.4 An Application may only read data from or write data to an Application’s designated container area on the device, except as otherwise specified by Apple. 3.3.5 An Application must have at least the same features and functionality when run by a user in compatibility mode on an iPad (e.g., an iPhone app running in an equivalent iPhone-size window on an iPad must perform in substantially the same manner as when run on the iPhone; provided that this obligation will not apply to any feature or functionality that is not supported by a particular hardware device, such as a video recording feature on a device that does not have a camera). Further, You agree not to interfere or attempt to interfere with the operation of Your Application in compatibility mode. 3.3.6 You may use the Multitasking services only for their intended purposes as described in the Documentation. 3.3.7 Applications must comply with the Human Interface Guidelines and other Documentation provided by Apple. 3.3.8 Any form of user or device data collection, or image, picture or voice capture or recording (collectively “Recordings”), and any form of data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use performed by, through or in connection with Your Application must comply with all applicable privacy laws and regulations as well as any related Program Requirements, including but not limited to any notice or consent requirements. In particular, a reasonably conspicuous audio, visual or other indicator must be displayed to the user as part of the Application to indicate that a Recording is taking place. 3.3.9 You and Your Applications may not collect user or device data without prior user consent, and then only to provide a service or function that is directly relevant to the use of the Application, or to serve advertising. You may not use analytics software in Your Application to collect and send device data to a third party. 3.3.10 You must provide clear and complete information to users regarding Your collection, use and disclosure of user or device data. Furthermore, You must take appropriate steps to protect such data from unauthorized use, disclosure or access by third parties. If a user ceases to consent or affirmatively revokes consent for Your collection, use or disclosure of his or her user or device data, You must promptly cease all such use. 3.3.11 Applications must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions in which Your Applications may be offered or made available. In addition: • You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, use or disclosure of user or device data. • Applications may not be designed or marketed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others. • Neither You nor Your Application may perform any functions or link to any content, services, information or data or use any robot, spider, site search or other retrieval application or device to scrape, mine, retrieve, cache, analyze or index software, data or services provided by Apple or its licensors, or obtain (or try to obtain) any such data, except the data that Apple expressly provides or makes available to You in connection with such services. You agree that You will not collect, disseminate or use any such data for any unauthorized purpose. Program Agreement 3.3.12 For Applications that use location-based APIs or otherwise provide location-based services, such Applications may not be designed or marketed for automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes. In addition: • Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. 3.3.13 For Applications that use location-based APIs for real-time route guidance (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an end user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 3.3.14 Applications must not disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user’s location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain, process or utilize the user’s location data or perform any other actions for which the user’s consent has been denied or withdrawn. 3.3.15 If Your Application accesses the Google Mobile Maps (GMM) service through the Maps API, use of the GMM Service is subject to Google’s Terms of Service which will be set forth at: xxxx://xxxx.xxxxxx.xxx/apis/maps/terms/iPhone.html. If You do not accept such Google Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the GMM service in Your Application. You acknowledge and agree that use of the GMM Service in Your Application will constitute Your acceptance of such Terms of Service.

Program Requirements for Applications. Any Application developed using this Apple Software SDK must meet all of the following comply with these criteria and requirements, as they may be modified by Apple from time to time: 3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. 3.3.2 An Application may not download itself install or install launch other executable codecode by any means, including without limitation through the use of a plug-in architecture, calling other frameworks, other APIs or otherwise. Interpreted No interpreted code may only be downloaded or used in an Application if all scripts, except for code and interpreters are packaged in the Application and not downloaded. The only exception to the foregoing that is scripts and code downloaded interpreted and run by Apple’s 's Documented APIs and built-in WebKit frameworkinterpreter(s). 3.3.3 Without Apple’s prior written approval or as permitted under Section 3.3.23 (In App Purchase API)approval, an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the App Store. Program Agreement. 3.3.4 An Application may only read data from or write data to an Application’s 's designated container area on the device, except as otherwise specified by Apple. 3.3.5 An Application must have at least the same features and functionality when run by a user in compatibility mode on an iPad (e.g., an iPhone app running in an equivalent iPhone-size window on an iPad must perform in substantially the same manner as when run on the iPhone; provided that this obligation will not apply to any feature or functionality that is not supported by a particular hardware device, such as a video recording feature on a device that does not have a camera). Further, You agree not to interfere or attempt to interfere with the operation of Your Application in compatibility mode. 3.3.6 You may use the Multitasking services only for their intended purposes as described in the Documentation. 3.3.7 Applications must comply with the Human Interface Guidelines and other Documentation provided by Apple. 3.3.8 3.3.6 Any form of user or device data collection, or image, picture or voice capture or recording performed by the Application (collectively “Recordings”), and any form of user data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use transmission performed by, through or in connection with Your by the Application (collectively "Transmissions") must comply with all applicable privacy laws and regulations as well as any Apple program requirements related Program Requirementsto such aspects, including but not limited to any notice or consent requirements. In particular, a reasonably conspicuous audio, visual or other indicator must be displayed to the user as part of the Application to indicate that a Recording is taking place. 3.3.9 You and Your Applications may not collect user or device data without prior user consent, and then only to provide a service or function that is directly relevant to the use of the Application, or to serve advertising. You may not use analytics software in Your Application to collect and send device data to a third party. 3.3.10 You must provide clear and complete information to users regarding Your collection, use and disclosure of user or device data. Furthermore, You must take appropriate steps to protect such data from unauthorized use, disclosure or access by third parties. If a user ceases to consent or affirmatively revokes consent for Your collection, use or disclosure of his or her user or device data, You must promptly cease all such use. 3.3.11 3.3.7 Applications must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions in which Your Applications may be offered or made availabledelivered. In addition, for Applications that use location-based APIs or that collect, transmit, maintain, process, share, disclose or otherwise use a user's personal information or data: • - You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, use transmission, maintenance, processing, use, etc. of the user's location data or disclosure of user or device datapersonal information by the Application. • - Applications may not be designed or marketed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others. • Neither You nor Your Application - Applications may not perform any functions or link to any content, services, information or data content or use any robot, spider, site search or other retrieval application or device to scrape, mine, retrieve, cache, analyze retrieve or index software, data or services provided by Apple or its licensors, or obtain (or try to obtain) any such data, except the data that Apple expressly provides or makes available to You in connection with such services. You agree that You will not collect, disseminate or use any such data information about users for any unauthorized purpose. Program Agreement. 3.3.12 3.3.8 For Applications that use location-based APIs or otherwise provide location-based servicesAPIs, such Applications may not be designed or marketed for automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes. In addition: • - Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is being collected, transmitted or otherwise used by the Application. 3.3.13 3.3.9 For Applications that use location-based APIs for real-time route guidance (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an place the following notice in Your end user license agreement that includes the following noticeagreement: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 3.3.14 3.3.10 Applications must not disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user’s 's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain, process or utilize the user’s 's location data or perform any other actions for which the user’s consent has been denied or withdrawn. 3.3.15 3.3.11 If Your Application accesses the Google Mobile Maps (GMM) service through the Maps API, use of the GMM Service is subject to Google’s Terms of Service which will be set forth at: xxxx://xxxx.xxxxxx.xxx/apis/maps/terms/iPhone.htmlhttp:// xxxx.xxxxxx.xxx/xxxx/xxxx/xxxxx/ iPhone.html. If You do not accept such Google Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the GMM service in Your Application. You acknowledge and agree that use of the GMM Service in Your Application will constitute Your acceptance of such Terms of Service. (If the terms are not yet available when You first access the url, they will be coming soon, and Your Application may not access the GMM service through the Maps API unless the Google Terms of Service are available at such url and accepted by You.) 3.3.12 Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by Apple to You or any third party. In addition, if Your Application will be distributed outside of the United States, any master recordings and musical compositions embodied in Your Application (a) must not fall within the repertoire of any mechanical or performing/ communication rights collecting or licensing organization now or in the future and (b) if licensed, must be exclusively licensed to You for Your Application by each applicable copyright owner. 3.3.13 If Your Application includes or will include any other content, You must either own all such content or have permission from the content owner to use it in Your Application. 3.3.14 Applications must not contain any obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, etc.), or other content or materials that in Apple’s reasonable judgment may be found objectionable by iPhone or iPod touch users. 3.3.15 Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect other software, firmware, hardware, data, systems, services, or networks. 3.3.16 If Your Application includes any XXXX, You agree to comply with all applicable XXXX licensing terms. You also agree not to use any XXXX in the development of Your Application in such a way that would cause the non-XXXX portions of the SDK to be subject to any XXXX licensing terms or obligations. 3.3.17 Access to the functionality provided by the In App Purchase API requires You to enter into the applicable iPhone Developer Program Agreement. 3.3.18 If Your Application interfaces, communicates, or otherwise interoperates with or controls an iPhone Accessory (as defined above) through Bluetooth or Apple’s 30-pin dock connector, then the accessory must be licensed under Apple's MFi Program.

Program Requirements for Applications. Any Application developed using this Apple Software must meet all of the following criteria and requirements, as they may be modified by Apple from time to time: 3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. 3.3.2 An Application may not download itself install or install launch other executable codecode by any means, including without limitation through the use of a plug-in architecture, calling other frameworks, other APIs or otherwise. Interpreted No interpreted code may only be downloaded or used in an Application if all scripts, except for code and interpreters are packaged in the Application and not downloaded. The only exception to the foregoing that is scripts and code downloaded interpreted and run by Apple’s built-'s Documented APIs and built- in WebKit frameworkinterpreter(s). 3.3.3 Without Apple’s prior written approval or as permitted under Section 3.3.23 (In App Purchase API)3.3.19, an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the App Store. Program Agreement. 3.3.4 An Application may only read data from or write data to an Application’s 's designated container area on the device, except as otherwise specified by Apple. 3.3.5 An Application must have at least the same features and functionality when run by a user in compatibility mode on an iPad (e.g., an iPhone app running in an equivalent iPhone-size window on an iPad must perform in substantially the same manner as when run on the iPhone; provided that this obligation will not apply to any feature or functionality that is not supported by a particular hardware device, such as a video recording feature on a device that does not have a camera). Further, You agree not to interfere or attempt to interfere with the operation of Your Application in compatibility mode. 3.3.6 You may use the Multitasking services only for their intended purposes as described in the Documentation. 3.3.7 Applications must comply with the Human Interface Guidelines and other Documentation provided by Apple. 3.3.8 3.3.6 Any form of user or device data collection, or image, picture or voice capture or recording performed by the Application (collectively “Recordings”), and any form of user data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use transmission performed by, through or in connection with Your by the Application (collectively "Transmissions") must comply with all applicable privacy laws and regulations as well as any Apple program requirements related Program Requirementsto such aspects, including but not limited to any notice or consent requirements. In particular, a reasonably conspicuous audio, visual or other indicator must be displayed to the user as part of the Application to indicate that a Recording is taking place. 3.3.9 You and Your Applications may not collect user or device data without prior user consent, and then only to provide a service or function that is directly relevant to the use of the Application, or to serve advertising. You may not use analytics software in Your Application to collect and send device data to a third party. 3.3.10 You must provide clear and complete information to users regarding Your collection, use and disclosure of user or device data. Furthermore, You must take appropriate steps to protect such data from unauthorized use, disclosure or access by third parties. If a user ceases to consent or affirmatively revokes consent for Your collection, use or disclosure of his or her user or device data, You must promptly cease all such use. 3.3.11 3.3.7 Applications must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions in which Your Applications may be offered or made available. In addition, for Applications that use location-based APIs or that collect, transmit, maintain, process, share, disclose or otherwise use a user's personal information or data: • - You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, transmission, maintenance, processing, use, etc. of the user's location data or personal information by the Application. In addition, the use of any personal information should be limited solely as necessary to provide services or functionality for Your Application (e.g., the use of collected personal information for tele- marketing purposes is prohibited (unless expressly consented to by the user)). You and the Application must also take appropriate steps to protect any such location data or personal information from unauthorized disclosure of user or device dataaccess. • - Applications may not be designed or marketed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others. • Neither You nor Your Application - Applications may not perform any functions or link to any content, services, information or data content or use any robot, spider, site search or other retrieval application or device to scrape, mine, retrieve, cache, analyze retrieve or index software, data or services provided by Apple or its licensors, or obtain (or try to obtain) any such data, except the data that Apple expressly provides or makes available to You in connection with such services. You agree that You will not collect, disseminate or use any such data information about users for any unauthorized purpose. Program Agreement. 3.3.12 3.3.8 For Applications that use location-based APIs or otherwise provide location-based servicesAPIs, such Applications may not be designed or marketed for automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes. In addition: • - Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is being collected, transmitted or otherwise used by the Application. 3.3.13 3.3.9 For Applications that use location-based APIs for real-time route guidance (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an end user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 3.3.14 3.3.10 Applications must not disable, override or otherwise interfere with any Apple-Apple- implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user’s 's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain, process or utilize the user’s 's location data or perform any other actions for which the user’s consent has been denied or withdrawn. 3.3.15 3.3.11 If Your Application accesses the Google Mobile Maps (GMM) service through the Maps API, use of the GMM Service is subject to Google’s Terms of Service which will be set forth at: xxxx://xxxx.xxxxxx.xxx/apis/maps/terms/iPhone.html. If You do not accept such Google Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the GMM service in Your Application. You acknowledge and agree that use of the GMM Service in Your Application will constitute Your acceptance of such Terms of Service.

Program Requirements for Applications. Any Application developed using this Apple Software must meet all of the following criteria and requirements, as they may be modified by Apple from time to time: 3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. 3.3.2 An Application may not download or install executable code. Interpreted code may only be used in an Application if all scripts, code and interpreters are packaged in the Application and not downloaded. The only exception to the foregoing is scripts and code downloaded and run by Apple’s 's built-in WebKit framework, provided that such scripts and code do not change the primary purpose of the Application by providing features or functionality that are inconsistent with the intended and advertised purpose of the Application as submitted to the App Store. 3.3.3 Without Apple’s prior written approval or as permitted under Section 3.3.23 (In App Purchase API), an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the App Store. Store or VPP/B2B Program AgreementSite. 3.3.4 An Application may only read data from or write data to an Application’s 's designated container area on the device, except as otherwise specified by Apple. 3.3.5 An Application must have at least the same features and functionality when run by a user in compatibility mode on an iPad (e.g., an iPhone app running in an equivalent iPhone-size window on an iPad must perform in substantially the same manner as when run on the iPhone; provided that this obligation will not apply to any feature or functionality that is not supported by a particular hardware device, such as a video recording feature on a device that does not have a camera). Further, You agree not to interfere or attempt to interfere with the operation of Your Application in compatibility mode. 3.3.6 You may use the Multitasking services only for their intended purposes as described in the Documentation.. User Interface, Data Collection, Local Laws and Privacy: 3.3.7 Applications must comply with the Human Interface Guidelines and other Documentation provided by Apple. 3.3.8 Any form of user or device data collection, or image, picture or voice capture or recording (collectively “Recordings”), and any form of data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use performed by, through or in connection with Your Application must comply with all applicable privacy laws and regulations as well as any related Program Requirements, including but not limited to any notice or consent requirements. In particular, a reasonably conspicuous audio, visual or other indicator must be displayed to the user as part of the Application to indicate that a Recording is taking place. 3.3.9 You and Your Applications may not collect user or device data without prior user consent, and then only to provide a service or function that is directly relevant to the use of the Application, or to serve advertising. You may not use analytics software in Your Application to collect and send device data to a third party. 3.3.10 You must provide clear and complete information to users regarding Your collection, use and disclosure of user or device data. Furthermore, You must take appropriate steps to protect such data from unauthorized use, disclosure or access by third parties. If a user ceases to consent or affirmatively revokes consent for Your collection, use or disclosure of his or her user or device data, You must promptly cease all such use. 3.3.11 Applications must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions in which Your Applications may be offered or made available. In addition: • You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, use or disclosure of user or device data. • Applications may not be designed or marketed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others. • Neither You nor Your Application may perform any functions or link to any content, services, information or data or use any robot, spider, site search or other retrieval application or device to scrape, mine, retrieve, cache, analyze or index software, data or services provided by Apple or its licensors, or obtain (or try to obtain) any such data, except the data that Apple expressly provides or makes available to You in connection with such services. You agree that You will not collect, disseminate or use any such data for any unauthorized purpose. Program Agreement: 3.3.12 For Applications that use location-based APIs or otherwise provide location-based services, such Applications may not be designed or marketed for automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes. In addition: • Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application.: 3.3.13 For Applications that use location-based APIs for real-time route guidance (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an end end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 3.3.14 Applications must not disable, override or otherwise interfere with any Apple-Apple- implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user’s 's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain, process or utilize the user’s 's location data or perform any other actions for which the user’s consent has been denied or withdrawn. 3.3.15 If Your Application accesses the Google Mobile Maps (GMM) service through the Maps API, use of the GMM Service is subject to Google’s Terms of Service which will be set forth at: xxxx://xxxx.xxxxxx.xxx/apis/maps/terms/iPhone.html. If You do not accept such Google Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the GMM service in Your Application. You acknowledge and agree that use of the GMM Service in Your Application will constitute Your acceptance of such Terms of Service.