Common use of Use of MDM and Configuration Profiles Clause in Contracts

Use of MDM and Configuration Profiles. 1.1 You may use MDM only for Your own internal, in-house management of Your Employees’ or Your Permitted Users’ Deployment Devices, or, if You are selected by Apple as a third-party MDM developer, solely to provide access to MDM to Your MDM Customers as part of a Compatible Product. You or Your MDM Customer may only use MDM with an MDM Certificate and Configuration Profile that are configured to respond to the MDM Certificate that has been assigned to You or such Customer for Your Compatible Products. All use of MDM is only permitted as expressly authorized by Apple in this Agreement and within the MDM Protocol and Documentation and in accordance with all applicable laws and regulations. You understand that neither You nor Your MDM Customer will be permitted to access or use MDM after expiration or termination of Your Agreement; provided however that Your MDM Customer may continue to use MDM if they enter into a separate MDM agreement with Apple. 1.2 You are only permitted to access or use MDM for purposes of managing Your Employees’ or Permitted Users’ Deployment Devices or, if You are selected by Apple as a third- party MDM developer, for purposes of developing Compatible Products for distribution and use by Your MDM Customers. You understand that a Configuration Profile must be installed on each supported Apple-branded product before the use of MDM or of any device configurations with any such Product. You may distribute the Configuration Profiles to supported Apple-branded products using email or a web page, over the air distribution, through the use of MDM, Apple Configurator, or other Apple-provided installation utilities, or through Compatible Products. You may remove any Configuration Profiles that You have installed at any time. 1.3 To use MDM, You must maintain a secure server to interact with Apple’s APN and/or other Apple web services, and You agree that all communications between You and Apple’s APN and/or other Apple web services and MDM must be in accordance with the terms of this Agreement. You may not excessively use the overall network capacity or bandwidth of such servers or services as may be determined by Apple in its reasonable discretion. In addition, You agree not to harm or interfere with Apple’s networks or servers, any third party networks or servers connected to the APN, other Apple web services, or MDM, or otherwise disrupt the use of any of the foregoing. 1.4 Apple makes no guarantees to You in relation to the availability or uptime of MDM or other Apple web services and is not obligated to provide any maintenance, technical or other support for MDM or other related Apple Services. Apple does not guarantee that communications to Deployment Devices, MDM Customers’ Apple-branded products, or Compatible Products through the use of MDM will be uninterrupted or error free. Further, network conditions as well as an Employee’s or MDM Customer’s use of an Apple-branded product may result in delays in commands or responses. 1.5 Apple reserves the right to require You to cease all use of the MDM Protocol and Configuration Profiles, and to remove Your access to MDM and/or revoke Your MDM Certificate (and any MDM Signing Certificate provided to You) at any time in its sole discretion. Except as expressly set forth herein, You will not share materials or documentation provided by Apple as a part of MDM with any third party, and You will only use MDM and Configuration Profiles as expressly permitted herein. Except as expressly authorized herein, You agree not to sell, resell, lease, or otherwise provide access or use of MDM, in whole or in part, to a third party or attempt to create a substitute or similar service through use of, or access to, MDM, or use MDM with products other than compatible Apple-branded products. 1.6 Apple shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of any use of Configuration Profiles or MDM by You, including but not limited to any in- house deployment or any use by Your MDM Customers in connection with Your Compatible Products.