Common use of Apple Terms Clause in Contracts

Apple Terms. If Merchant has acquired a Point Service that includes download of Verifone’s PAYware Mobile application from the Apple iTunes Application Store, the following additional terms apply to such software (in addition to the license terms set forth in the Agreement): 1. Merchant agrees and acknowledges that Apple is not responsible for the PAYware Mobile application and its content. In addition, Merchant’s use of such PAYware Mobile application downloaded from such location is limited to a non-transferable license to use the PAYware Mobile application on any Apple branded products running iOS (collectively "Apple Device(s)") that Merchant owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, Verifone hereby informs Merchant and Merchant acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PAYware Mobile application. 2. Apple has no warranty obligation with respect to the PAYware Mobile application and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is the responsibility of Reseller or its licensor. 3. Apple is not responsible for addressing any claims relating to the PAYware Mobile application or Merchant’s possession and/or use of the PAYware Mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the PAYware Mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 4. Apple is not responsible for any third-party infringement claims that the PAYware Mobile application or Merchant’s possession and use of the PAYware Mobile application infringe a third party's intellectual property rights. Verifone, its licensors and Merchant acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to any such PAYware Mobile application, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Merchant as a third party beneficiary thereof as set forth herein.

Apple Terms. If Merchant has acquired a Point Service that includes download of Verifone’s PAYware Mobile application from the Apple iTunes Application Store, the following additional terms apply to such software (in addition to the license terms set forth in the Agreement): 1. ): Merchant agrees and acknowledges that Apple is not responsible for the PAYware Mobile application and its content. In addition, Merchant’s use of such PAYware Mobile application downloaded from such location is limited to a non-transferable license to use the PAYware Mobile application on any Apple branded products running iOS (collectively "Apple Device(s)") that Merchant owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, Verifone hereby informs Merchant and Merchant acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PAYware Mobile application. 2. Apple has no warranty obligation with respect to the PAYware Mobile application and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is the responsibility of Reseller or its licensor. 3. Apple is not responsible for addressing any claims relating to the PAYware Mobile application or Merchant’s possession and/or use of the PAYware Mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the PAYware Mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 4. Apple is not responsible for any third-party infringement claims that the PAYware Mobile application or Merchant’s possession and use of the PAYware Mobile application infringe a third party's intellectual property rights. Verifone, its licensors and Merchant acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to any such PAYware Mobile application, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Merchant as a third party beneficiary thereof as set forth herein.