This Apple Addendum (“Addendum”) supplements the Xactware Solutions, Inc. License Agreement (“EULA”), as amended from time to time.
1.1. “Apple”, “Apps,” “Family Sharing,” and “Usage Rules” shall have the same meanings as the identical terms in the Apple Media Services Terms and Conditions (“Apple Terms and Conditions”), available at https://www.apple.com/legal/internet-services/itunes/us/terms.html.
1.2. “Xactware Services” shall have the same meaning as the term “Services” in the EULA.
1.3. All terms not otherwise defined in the Addendum shall have the same meanings as in the EULA.
2.1. The terms and conditions in this Addendum shall apply only to your use of the Xactware Services on Apple-branded products that you own or control when your use of the Apple-branded products is governed by the Apple Terms and Conditions. Otherwise, the terms and conditions in this Addendum shall not apply to your use of the Xactware Services.
3.1. You acknowledge that the EULA is concluded between you and Xactware only, and not with Apple; Apple is not responsible for the Xactware Services.
3.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Xactware Services.
3.3. You acknowledge that Apple is not responsible for addressing any claims you may have relating to the Xactware Services or your possession or use of the Xactware Services, including: (i) product liability claims; (ii) any claim that the Xactware Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Apple’s HealthKit and HomeKit frameworks.
3.4. You acknowledge that in the event of any third-party claim that the Xactware Services infringe or your use or possession of the Xactware Services infringes that third party's intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement, and discharge of any such claim for intellectual property infringement.
3.5. You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of the EULA. Upon your acceptance of the EULA, Apple shall have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary.
4. Scope of License
4.1. Your license to use the Xactware Services is further limited to use on any Apple-branded product that you own or control. You agree to use the Xactware Services in accordance with the Usage Rules set forth in the Apple Terms and Conditions.
5. Apple’s Warranty Obligations
5.1. In the event of any failure of the Xactware Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the relevant App on the App Store. To the maximum extent permitted by applicable law, you agree that Apple will have no other warranty obligation whatsoever with respect to the Xactware Services.
6. Your Representations and Warranties
6.1. You represent and warrant that: (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Third-Party Terms of Agreement
7.1. You agree to comply with any applicable third-party terms of agreement when using the Xactware Services. For example, you must not be in violation of your wireless data service agreement when using the Xactware Services.