Common use of App Store Clause in Contracts

App Store. When you download the Mobile Application, you may do so through a third party’s online application store (“App Store”). You acknowledge that this Agreement is between you and Licensor and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and Licensor, Licensor, and not the App Store Owner, are solely responsible for the Licensed Materials, including the Mobile Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the Mobile 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 Owner in connection with the Licensed Materials, including the Mobile Application. Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Licensor and the App Store Owner, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty (if any) will be the sole responsibility of Licensor. You and Licensor acknowledge that, as between Licensor and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. You and Licensor acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Licensor and the App Store Owner, Licensor, not the App Store Owner, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Licensor acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. You represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

App Store. When you download the Mobile Applicationour mobile Apps, you may do so through a third party’s online application store (“App Store”). You acknowledge that the terms of this Agreement is are between you and Licensor us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and Licensorus, Licensorwe, and not the App Store Owner, are solely responsible for the Licensed MaterialsServices, including the Mobile ApplicationApp, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, compliance or intellectual property infringement). In order to use the Mobile ApplicationApp, 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 Owner in connection with the Licensed MaterialsServices, including the Mobile ApplicationApp. The following applies to any App Store Sourced Application (as such term is defined in Section 7): (a) Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms. . (b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. . (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Licensor Company and the App Store Owner, any other claims, losses, liabilities, damages, costs, costs or expenses attributable to any failure to conform to any warranty (if any) will be the sole responsibility of Licensor. Company. (d) You and Licensor we acknowledge that, as between Licensor Company and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1i) product liability claims; (2ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3iii) claims arising under consumer protection or similar legislation. . (e) You and Licensor we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Licensor Company and the App Store Owner, LicensorCompany, not the App Store Owner, will be solely responsible for the investigation, defense, settlement, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. . (f) You and Licensor we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. You represent and warrant that . (1g) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.