Common use of Mobile Software from Apple App Store Clause in Contracts

Mobile Software from Apple App Store. The following applies to any Mobile Software Customer acquires from the Apple App Store (App Store Software): Customer agrees that this agreement is solely between Customer and CCM, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. Customer’s use of the App Store Software must comply with the App Store Terms of Service. Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the App Store Software to Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to CCM as provider of the App Store Software. Customer acknowledges that Apple is not responsible for addressing any claims by Customer or any third party relating to the App Store Software or Customer’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this agreement and any law applicable to CCM as provider of the App Store Software. Customer represents and warrants that (i) he/she/it is 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 (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties. Customer must comply with applicable third-party terms of use when using the Software (e.g., the Software is a VoIP application, then the end user must not be in violation of their wireless data service agreement when using the software). Customer acknowledges that, in the event of any third-party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, CCM, not Apple, 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. Customer and CCM acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement as relates to Customer’s license of the App Store Software, and that, upon Customer’s acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as relates to Customer’s license of the App Store Software against Customer as a third-party beneficiary thereof.

Mobile Software from Apple App Store. The following applies to any Mobile Software Customer acquires from the Apple App Store (App Store Software): Customer agrees that this agreement is solely between Customer and CCM, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. Customer’s use of the App Store Software must comply with the App Store Terms of Service. Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the App Store Software to Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to CCM as provider of the App Store Software. Customer acknowledges that Apple is not responsible for addressing any claims by Customer or any third party relating to the App Store Software or Customer’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this agreement and any law applicable to CCM as provider of the App Store Software. Customer represents and warrants that (i) he/she/it is 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 (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties. Customer must comply with applicable third-party terms of use when using the Software (e.g., the Software is a VoIP application, then the end user must not be in violation of their wireless data service agreement when using the software). Customer acknowledges that, in the event of any third-party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, CCM, not Apple, 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. Customer and CCM acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement as relates to Customer’s license of the App Store Software, and that, upon Customer▇▇▇▇▇▇▇▇’s acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as relates to Customer’s license of the App Store Software against Customer as a third-party beneficiary thereof.

Mobile Software from Apple App Store. The following applies to any Mobile Software Customer App Licensee acquires from the Apple App Store (App Store Software): Customer Licensee agrees that this agreement is solely between Customer Licensee and CCMPW, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. CustomerLicensee’s use of the App Store Software must comply with the App Store Terms of Service. Customer Licensee acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer Licensee may notify Apple, and Apple will refund the purchase price for the App Store Software to CustomerLicensee. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to CCM PW as provider of the App Store Software. Customer Licensee acknowledges that Apple is not responsible for addressing any claims by Customer Licensee or any third party relating to the App Store Software or CustomerLicensee’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this agreement and any law applicable to CCM PW as provider of the App Store Software. Customer represents and warrants that (i) he/she/it is 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 (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties. Customer must comply with applicable third-party terms of use when using the Software (e.g., the Software is a VoIP application, then the end user must not be in violation of their wireless data service agreement when using the software). Customer Licensee acknowledges that, in the event of any third-party claim that the App Store Software or CustomerLicensee’s possession and use of that App Store Software infringes that third party’s intellectual property rights, CCMPW, not Apple, 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. Customer Licensee and CCM PW acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement as relates to CustomerLicensee’s license of the App Store Software, and that, upon CustomerLicensee’s acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as relates to CustomerLicensee’s license of the App Store Software against Customer Licensee as a third-party beneficiary thereof.

Mobile Software from Apple App Store. The following applies to any Mobile Software Customer acquires from the Apple App Store (App Store Software): Customer agrees that this agreement is solely between Customer and CCMFDR, not Apple, and that Apple has no responsibility for the App Store Software or content thereof. Customer’s use of the App Store Software must comply with the App Store Terms of Service. Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Software. In the event of any failure of the App Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the App Store Software to Customer. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to CCM FDR as provider of the App Store Software. Customer acknowledges that Apple is not responsible for addressing any claims by Customer or any third party relating to the App Store Software or Customer’s possession and/or use of the App Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this agreement and any law applicable to CCM FDR as provider of the App Store Software. Customer represents and warrants that (i) he/she/it is 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 (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties. Customer must comply with applicable third-party terms of use when using the Software (e.g., the Software is a VoIP application, then the end user must not be in violation of their wireless data service agreement when using the software). Customer acknowledges that, in the event of any third-third- party claim that the App Store Software or Customer’s possession and use of that App Store Software infringes that third party’s intellectual property rights, CCMFDR, not Apple, 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. Customer and CCM FDR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement as relates to Customer’s license of the App Store Software, and that, upon Customer’s acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as relates to Customer’s license of the App Store Software against Customer as a third-party beneficiary thereof.