Common use of Responsibility and Liability Clause in Contracts

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the End-User’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User the full amount of the price paid by the End-User for that Licensed Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application.

Appears in 8 contracts

Samples: Apple Developer Program License Agreement, Apple Developer Program License Agreement (Life360, Inc.), Apple Developer Program License Agreement

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Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Custom Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Custom Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Custom Applications and/or the use of those Licensed Custom Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Custom Applications and/or the End-User’s possession or use of those Licensed Custom Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Custom Applications within ninety (90) days of the date of download of that Licensed Custom Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, 3.8 if such period is less than ninety (90) days; or (ii) a Licensed Custom Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the Custom App Distribution Customer and/or End-User User, as applicable, the full amount of the price paid by the Custom App Distribution Customer or End-User for that Licensed Custom Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Custom Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom Application.

Appears in 5 contracts

Samples: Apple Developer Program License Agreement, Apple Developer Program License Agreement (Life360, Inc.), Apple Developer Program License Agreement

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Custom Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Custom Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Custom Applications and/or the use of those Licensed Custom Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Custom Applications and/or the End-User’s possession or use of those Licensed Custom Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Custom Applications within ninety (90) days of the date of download of that Licensed Custom Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, 3.8 if such period is less than ninety (90) days; or (ii) a Licensed Custom Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the Custom App Distribution Customer and/or End-User User, as applicable, the full amount of the price paid by the Custom App Distribution Customer or End-User for that Licensed Custom Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application.

Appears in 3 contracts

Samples: Apple Developer Program License Agreement, Apple Developer Program License Agreement, Apple Developer Program License Agreement

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the End-User’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User the full amount of the price paid by the End-User for that Licensed Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In such cases, Apple will have the right to retain its commission on the sale of that Licensed Application, notwithstanding the refund of the price to the End-User.

Appears in 3 contracts

Samples: Apple Developer Program License Agreement, Apple Developer Program License Agreement, Apple Developer Program License Agreement

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any Endend-Useruser. You shall be solely responsible for any and all product warranties, End-User end- user assistance and product support with respect to each of the Licensed Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any Endend-Useruser, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the Endend-Useruser’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any Endend-User user that: (i) the Endend-User user wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that Endend-User user or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User end- user the full amount of the price paid by the Endend-User user for that Licensed Application. In the event that Apple refunds any such price to an Endend-Useruser, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In Apple will have the event right to retain its commission on the sale of that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal notwithstanding the refund of the price to the price for that Licensed Applicationend- user.

Appears in 2 contracts

Samples: Ios Developer Program License Agreement, Ios Developer Program License Agreement

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any Endend-Useruser. You shall be solely responsible for any and all product warranties, End-User end- user assistance and product support with respect to each of the Licensed Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any Endend-Useruser, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the Endend-Useruser’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any Endend-User user that: (i) the Endend-User user wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that Endend-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) daysuser; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the Endend-User user the full amount of the price paid by the Endend-User user for that Licensed Application. In the event that Apple refunds any such price to an Endend-Useruser, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In Apple will have the event right to retain its commission on the sale of that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal notwithstanding the refund of the price to the price for that Licensed Applicationend- user.

Appears in 1 contract

Samples: Ios Developer Program License Agreement (Glu Mobile Inc)

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Custom Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Custom Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Custom Applications and/or the use of those Licensed Custom Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Custom Applications and/or the End-User’s possession or use of those Licensed Custom Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Custom Applications within ninety (90) days of the date of download of that Licensed Custom Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, 3.8 if such period is less than ninety (90) days; or (ii) a Licensed Custom Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the VPP Customer and/or End-User User, as applicable, the full amount of the price paid by the VPP Customer or End-User for that Licensed Custom Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In such cases, Apple will have the right to retain its commission on the sale of that Custom Application, notwithstanding the refund of the price to the VPP Customer or End-User.

Appears in 1 contract

Samples: Apple Developer Program License Agreement

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Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Custom Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Custom Applications.. ​ 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Custom Applications and/or the use of those Licensed Custom Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Custom Applications and/or the End-User’s possession or use of those Licensed Custom Applications infringes the copyright or other intellectual property rights of any third party.. ​ 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Custom Applications within ninety (90) days of the date of download of that Licensed Custom Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, 3.8 if such period is less than ninety (90) days; or (ii) a Licensed Custom Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the Custom App Distribution Customer and/or End-User User, as applicable, the full amount of the price paid by the Custom App Distribution Customer or End-User for that Licensed Custom Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application.. In such cases, Apple will have the right to retain its commission on the sale of that Custom Application, notwithstanding the refund of the price to the Custom App Distribution Customer or End-User. ​

Appears in 1 contract

Samples: Apple Developer Program License Agreement (Glu Mobile Inc)

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Applications.. ​ 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the End-User’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party.. ​ 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User the full amount of the price paid by the End-User for that Licensed Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. In the event that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application.. In such cases, Apple will have the right to retain its commission on the sale of that Licensed Application, notwithstanding the refund of the price to the End-User. ​

Appears in 1 contract

Samples: Apple Developer Program License Agreement (Glu Mobile Inc)

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Custom B2B Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Custom B2B Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Custom B2B Applications and/or the use of those Licensed Custom B2B Applications by any End-Useruser, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Custom B2B Applications and/or the End-Useruser’s possession or use of those Licensed Custom B2B Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Custom B2B Applications within ninety (90) days of the date of download of that Licensed Custom B2B Application by that End-User user or the end of the auto-renewing subscription period offered pursuant to section 3.8, 3.8 if such period is less than ninety (90) days; or (ii) a Licensed Custom B2B Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User VPP Customer and/or End User, as applicable, the full amount of the price paid by the VPP Customer or End-User for that Licensed Custom B2B Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom B2B Application. In Apple will have the event right to retain its commission on the sale of that Apple receives any notice or claim from a payment provider that an End-User has obtained a refund for a Licensed Custom B2B Application, You shall reimburse, or grant Apple a credit for, an amount equal notwithstanding the refund of the price to the price for that Licensed ApplicationVPP Customer or End User.

Appears in 1 contract

Samples: Ios Developer Program License Agreement

Responsibility and Liability. 6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Custom B2B Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Licensed Custom B2B Applications. 6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Custom B2B Applications and/or the use of those Licensed Custom B2B Applications by any End-Useruser, including, but not limited to: (i) claims of breach of warranty, whether specified in the XXXX or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Custom B2B Applications and/or the End-Useruser’s possession or use of those Licensed Custom B2B Applications infringes the copyright or other intellectual property rights of any third party. 6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Custom B2B Applications within ninety (90) days of the date of download of that Licensed Custom B2B Application by that End-User user or the end of the auto-renewing subscription period offered pursuant to section 3.8, 3.8 if such period is less than ninety (90) days; or (ii) a Licensed Custom B2B Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the VPP Customer and/or End-User user, as applicable, the full amount of the price paid by the VPP Customer or End-User for that Licensed Custom B2B Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Custom B2B Application. In Apple will have the event right to retain its commission on the sale of that Apple receives any notice Custom B2B Application, notwithstanding the refund of the price to the VPP Customer or claim from a payment provider that an End-User has obtained a refund for a Licensed Application, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Applicationuser.

Appears in 1 contract

Samples: Ios Developer Program License Agreement

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