App Store Sourced Application. You acknowledge and agree that the availability of Finicast products via mobile application or extensions purchased through a marketplace (“App Store Sourced Application”) will be dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, a “Marketplace”). You acknowledge that the Agreement is between you and Finicast and not with the Marketplace. Finicast, not the Marketplace, is solely responsible for the Services, including the App Store Sourced Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App Store Sourced Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App Store Sourced Application. You agree to comply with, and your license to use the App Store Sourced Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the App Store Sourced Application. You acknowledge that the Marketplace (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
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Sources: Terms of Service, Terms of Service