Common use of Apple-Specific Terms Clause in Contracts

Apple-Specific Terms. If Customer downloaded the Product from Apple Inc.’s (“Apple’s”) Application Store, the following terms are part of this Agreement: (i) This Agreement is between Customer and Trimble, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third-party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Customer as a third-party beneficiary. (ii) To the maximum extent permitted by Law, Apple will have no warranty obligation with respect to the Product, 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 Product. (iii) As between Trimble and Apple, Trimble is solely responsible for the Product and for addressing any claims Customer or any third parties have about the Product or Customer’s possession or use of the Product, including without limitation (A) product liability claims;