Terms of Use (EULA) — Are you happy?

1. Acknowledgement

You acknowledge that this Agreement is between you and the App developer only, and not with Apple Inc. ("Apple"). The App developer, not Apple, is solely responsible for the App and its content.

2. Scope of License

The license granted to you for this App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

3. Maintenance and Support

The App developer is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4. Warranty

The App developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

5. Product Claims

You acknowledge that the App developer, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:

• Product liability claims
• Any claim that the App fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation

6. Intellectual Property Rights

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the App developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance

You represent and warrant that:

• You are 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
• You are not listed on any U.S. Government list of prohibited or restricted parties

8. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App.

9. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your 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 against you as a third-party beneficiary thereof.

10. Limitation of Liability

To the extent not prohibited by law, in no event shall the App developer be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the App.

11. Governing Law

This Agreement shall be governed by the laws of the jurisdiction in which the App developer is located, excluding its conflicts of law rules.