Common use of Apple Software Clause in Contracts

Apple Software. In the event Apple provides Supplier any Apple Software, the following additional terms and conditions will apply to the use of the Apple Software: (i) Supplier may make copies of the Apple Software only if reasonably necessary for performing Supplier’s obligations under this Agreement, including testing or installing the Apple Software. The license granted hereunder is not a license to incorporate the Apple Software into any product, board, module, integrated circuit, core or other assembly or device other than Development Deliverables and Goods, as applicable, or a license, expressly or by implication, estoppels, exhaustion or otherwise, under any Apple patents. (ii) Supplier must retain and reproduce in all copies of the Apple Software the Apple copyright and other proprietary notices and disclaimers as they appear in the Apple Software, and keep intact all notices in the Apple Software that refer to the license granted hereunder. (iii) Supplier agrees to make any bug fixes or work-arounds for any errors in the Apple Software (collectively, “Error Corrections”) available to Apple upon Apple’s request. Supplier hereby grants to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under any intellectual property rights owned or controlled by Supplier, to use, reproduce, display, perform, modify or have modified (for Apple and/or any of its subsidiaries), sublicense and distribute such Error Corrections, in any form, through multiple tiers of distribution. (iv) Upon Apple’s request, Supplier agrees to provide Apple with test results obtained through use of the Apple Software. (v) THE APPLE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET SUPPLIER’S REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE SHALL CREATE A WARRANTY.

Apple Software. In the event Apple provides Supplier any Apple Software, the following additional terms and conditions will apply to the use of the Apple Software: (i) Supplier may make copies of the Apple Software only if reasonably necessary for performing Supplier’s obligations under this Agreement, including testing or installing the Apple Software. The license granted hereunder is not a license to incorporate the Apple Software into any product, board, module, integrated circuit, core or other assembly or device other than Development Deliverables and Goods, as applicable, or a license, expressly or by implication, estoppels, exhaustion or otherwise, under any Apple patents. (ii) Supplier must retain and reproduce in all copies of the Apple Software the Apple copyright and other proprietary notices and disclaimers as they appear in the Apple Software, and keep intact all notices in the Apple Software that refer to the license granted hereunder. (iii) Supplier agrees to make any bug fixes or work-arounds for any errors in the Apple Software (collectively, “Error Corrections”) available to Apple upon Apple’s request. Supplier hereby grants to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under any intellectual property rights owned or controlled by Supplier, to use, reproduce, display, perform, modify or have modified (for Apple and/or any of its subsidiaries), sublicense and distribute such Error Corrections, in any form, through multiple tiers of distribution. (iv) Upon Apple’s request, Supplier agrees to provide Apple with test results obtained through use of the Apple Software. (v) THE APPLE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET SUPPLIER’S REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE SHALL CREATE A WARRANTY.. [*****] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Need to Know Confidential Apple Audience MDSA [*****]

Apple Software. In the event Apple provides and Supplier mutually agreed to use any Apple SoftwareSoftware not subject to the terms and conditions of a written license agreement between Apple and Supplier with respect to such software, the following additional terms and conditions will apply to the use of the Apple Software: (i) Supplier may make copies of the Apple Software only if reasonably necessary for performing Supplier’s obligations under this Agreement, including testing or installing the Apple Software. The license granted hereunder is not a license to incorporate the Apple Software into any product, board, module, integrated circuit, core or other assembly or device other than Development Deliverables and Goods, as applicable, or a license, expressly or by implication, estoppelsestoppel, exhaustion or otherwise, under any Apple patents. (ii) Supplier must retain and reproduce in all copies of the Apple Software the Apple copyright and other proprietary notices and disclaimers as they appear in the Apple Software, and keep intact all notices in the Apple Software that refer to the license granted hereunder. (iii) Supplier agrees to make any bug fixes or work-arounds for any errors in the Apple Software (collectively, “Error Corrections”) available to Apple upon Apple’s request[CONFIDENTIAL TREATMENT REQUESTED]. Supplier hereby grants to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under any intellectual property rights owned or controlled by Supplier, to use, reproduce, display, perform, modify or have modified (for Apple and/or any of its subsidiaries), sublicense and distribute such Error Corrections[CONFIDENTIAL TREATMENT REQUESTED], in any form, through multiple tiers of distribution. (iv) Upon Apple’s request, Supplier agrees to provide Apple with test results obtained through use of the Apple Software.. [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Apple Confidential Page 13 Apple-M-FLEX Master Development and Supply Agreement #C56-06-00844 (v) THE APPLE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET SUPPLIER’S REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE SHALL CREATE A WARRANTY.

Apple Software. In the event Apple provides and Supplier mutually agreed to use any Apple SoftwareSoftware not subject to the terms and conditions of a written license agreement between Apple and Supplier with respect to such software, the following additional terms and conditions will apply to the use of the Apple Software: (i) Supplier may make copies of the Apple Software only if reasonably necessary for performing Supplier’s obligations under this Agreement, including testing or installing the Apple Software. The license granted hereunder is not a license to incorporate the Apple Software into any product, board, module, integrated circuit, core or other assembly or device other than Development Deliverables and Goods, as applicable, or a license, expressly or by implication, estoppelsestoppel, exhaustion or otherwise, under any Apple patents. (ii) Supplier must retain and reproduce in all copies of the Apple Software the Apple copyright and other proprietary notices and disclaimers as they appear in the Apple Software, and keep intact all notices in the Apple Software that refer to the license granted hereunder. (iii) Supplier agrees to make any bug fixes or work-arounds for any errors in the Apple Software (collectively, “Error Corrections”) available to Apple upon Apple’s request[CONFIDENTIAL TREATMENT REQUESTED]. Supplier hereby grants to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under any intellectual property rights owned or controlled by Supplier, to use, reproduce, display, perform, modify or have modified (for Apple and/or any of its subsidiaries), sublicense and distribute such Error Corrections[CONFIDENTIAL TREATMENT REQUESTED], in any form, through multiple tiers of distribution. (iv) Upon Apple’s request, Supplier agrees to provide Apple with test results obtained through use of the Apple Software. [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. (v) THE APPLE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET SUPPLIER’S REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE SHALL CREATE A WARRANTY.