Common use of Apple-Specific Terms Clause in Contracts

Apple-Specific Terms. If you downloaded the Client Software from Apple Inc. and/or its affiliates’ (“Apple’s”) Application Store, the following terms are part of the Agreement: a. The Agreement is between you and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of the Agreement and will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary. b. To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Client Software, and, as between Apple and Trimble, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be ▇▇▇▇▇▇▇’▇ responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. c. As between Trimble and Apple, Trimble is solely responsible for the Client Software and for addressing any claims you or any third parties have about the Client Software or your possession or use of the Client Software, including without limitation (a) product liability claims, (b) any claim that the Client Software fails to conform to any applicable legal or regulatory requirement and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Client Software or your possession or use of the Client Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such claim.