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TestFlight Terms and Conditions

Welcome to TestFlight

TestFlight allows developers to test their apps

by inviting users to install test builds.

TestFlight Terms and Conditions

To use TestFlight, you must read and

agree to these terms.

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Click to agree to the following two Agreements:

(A) TestFlight Terms of Service

Summary of Key Terms:

• Crash logs and statistical information related to your use of each Beta App will automatically be provided to Apple and the Application Provider as part of TestFlight.

• You may submit suggestions and ideas to the Application Provider of the Beta App.

• Beta Apps may crash and result in data loss in those Beta Apps.

• If you already have the full version of an app, installation of a Beta App may result in data loss.

• You can stop participating in a beta test for a Beta App by deleting the Beta App from your device.

Your use of the TestFlight service (“TestFlight”), including any beta testing of any pre-release applications for Mac, iPhone, iPad, Apple Watch, Apple TV, or other Apple-branded hardware downloaded through TestFlight (“Beta Apps”), is governed by the following terms and conditions (“TestFlight Terms of Service”). Except as specifically amended below, full Apple Media Services Terms and Conditions for your region apply and are hereby incorporated by reference, and defined terms shall have the meanings set forth in the Apple Media Services Terms and Conditions, except as noted herein. For the purpose of these TestFlight Terms of Service, the term “Licensed Application” shall include Beta Apps. See Apple Media Services Terms and Conditions: https://www.apple.com/legal/internet-services/itunes/.

Specific Terms for Beta-Testers

Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to use TestFlight. If you are 13 or the equivalent minimum age in the relevant jurisdiction or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the following terms.

TestFlight is designed to help third-party developers (“Application Providers”) beta-test and improve the performance of their pre-release applications for Mac, iPhone, iPad, Apple Watch, Apple TV, or other Apple-branded hardware and to provide beta-testers with Beta Apps. If an Application Provider authorizes you as a beta-tester and you choose to download the corresponding Beta App from the Application Provider via TestFlight, then conditioned on your compliance with these TestFlight Terms of Service, the Application Provider grants you a limited, non- exclusive, non-assignable, non-sublicensable license to access, download and use the Beta App for which you have been selected as a beta-tester and any related documentation available online, solely for beta- testing purposes for a limited time and subject to these TestFlight Terms of Service.

As between you and the Application Provider, and aside from the limited license set forth above, the Application Provider owns all right, title and interest in the Beta App, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, or disassemble any Beta App; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer any Beta App; © make any copy of or otherwise reproduce any Beta App; or (d) display any Beta App to unauthorized third parties without the Application Providerʼs authorization.

You agree to use reasonable efforts to beta-test any Beta App.

You acknowledge that you understand that Beta Apps are pre-release, alpha, or beta software and may be incomplete or could contain errors or inaccuracies. You should not use Beta Apps in a commercial operating environment or with important data. You should back up any data prior to using any Beta App on your Apple-branded device. Neither Apple nor the Application Provider shall be responsible for any costs, expenses or other liabilities you may incur as a result of using any Beta Apps, including but not limited to any damage, loss, or corruption of any software, information or data. Further, Beta Apps may not be compatible with production Apps. If you have a production version of a Beta App already installed on your Apple-branded device, you should back-up any data associated with such app prior to installing a beta version since data may be corrupted or lost between different versions of the same app. You expressly acknowledge and agree that any use of Beta Apps is done entirely at your own risk.

In addition, if you have the full version of an app installed on your device and you install the same Beta App, your app data may be corrupted or lost and may not be recoverable. You should back up your information before installing a Beta App. Solely for the purposes of testing a Beta App and only for the duration of such test, any in-app purchases made within the Beta App will be made available to you at no cost and such purchases will not be charged to your Account. If you purchase or download the App from the App Store, your data may not remain available from within the full version. We recommend that you back up your data before deleting the Beta App or purchasing the full version from the App Store.

Beta Apps provided by Apple and/or third-party developers may not be available in all languages or in all countries, and Apple makes no representation that the Beta Apps are appropriate or available for use in any particular location. To the extent you choose to access and use the Beta Apps through TestFlight, you do so at your own initiative and are responsible for compliance with any applicable laws. Beta Apps are time-limited and TestFlight may change, limit, or cease providing access to Beta Apps any time without notice or liability to you. You further understand and agree that certain information about a Beta App downloaded via TestFlight may not be available to you prior to download, including without limitation the Beta App's age rating, minimum hardware requirements, and the availability of items available for purchase within the Beta App (i.e. in-app purchases). By downloading a Beta App, you consent to using the Beta App without such information and disclosures.

You acknowledge and agree that you will not be compensated for evaluating any Beta App or for any Beta Input, and you will bear all of your own costs from using TestFlight and any Beta Apps (e.g., mobile carrier and data costs). Further, you hereby acknowledge and agree that the content contained in, and your use of, any Beta App that is not already publicly available shall be considered confidential unless the Application Provider explicitly authorizes public disclosure. You agree to hold the Beta App in confidence and to treat it as confidential, e.g., not share it with others who do not have the Beta App installed.

If you have a complaint about a Beta App, you should send it directly to the Application Provider. You acknowledge and agree that the Application Provider, not Apple, is fully responsible for any Beta App, unless Apple is the licensor of such Beta App.

Beta Testing Data and Beta Feedback

When you use a Beta App through TestFlight, Apple and the Application Provider will automatically collect crash logs and usage data (“Beta Testing Data”) and you may not opt-out of the collection of Beta Testing Data.

TestFlight will also provide you with the ability to submit written or visual feedback (e.g., screenshots and comments) about the Beta Apps to Apple and/or Application Providers (“Beta Feedback”). If you submit Beta Feedback, you acknowledge and agree that you do so at your own initiative and that the Application Provider (including Apple, if it is Appleʼs Beta App) will have the right to use your Beta Feedback as set forth below. You represent to the Application Provider that you have all the necessary rights to give the Beta Feedback and to grant the rights to the Application Provider.

The Application Provider may use the Beta Testing Data and Beta Feedback to improve their App and related products, and may contact you regarding your use of their Beta App. The Application Providerʼs use of Beta Testing Data and Beta Feedback is subject to limitations and requirements set forth by Apple in the Apple Developer Program License Agreement and to the Application Providerʼs Privacy Policy. Apple may use the Beta Testing Data to improve its products and services.

Beta Testing Data and Beta Feedback may include personally identifying information, including in the screenshots you provide, such as when a screenshot includes your photos or image and likeness, and information about your device, including but not limited to various unique device identifiers, hardware and operating system specifications, performance statistics, and data about how you use your device, system and application software, networking information, and peripherals. When you use TestFlight and the Beta App, details will be provided regarding what data is sent to Apple and the Application Provider, and how the information may be used. You can learn more by visiting https://testflight.apple.com/#privacy-data . At all times, Apple will handle your information in accordance with our Privacy Policy, which can be viewed at https://www.apple.com/legal/privacy/.

Apple is committed to diversity and to providing a safe, harassment-free experience for everyone. Beta Feedback should be respectful and should not include offensive, malicious, or derogatory writing, images, or screenshots.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF TESTFLIGHT AND ANY BETA APP ACQUIRED VIA TESTFLIGHT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. BETA APPS MAY HAVE SOFTWARE, SERVICE, AND OTHER ERRORS AND YOUR USE OF TESTFLIGHT AND/OR BETA APPS DOWNLOADED VIA TESTFLIGHT MAY NOT BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES OR OTHER MALICIOUS CODE AND MAY NOT STORE DATA ACCURATELY OR AT ALL. FEATURES AND FUNCTIONALITY OF TESTFLIGHT AND BETA APPS DOWNLOADED VIA TESTFLIGHT ARE SUBJECT TO CHANGE AND MAY CEASE TO BE AVAILABLE TO YOU AT ANY TIME WITH OR WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESTFLIGHT, BETA APPS ACQUIRED VIA TESTFLIGHT, AND ANY SERVICES PERFORMED OR PROVIDED BY TESTFLIGHT AND/OR SUCH BETA APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND THE APPLICATION PROVIDER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO TESTFLIGHT, THE BETA APPS, AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. APPLE AND THE APPLICATION PROVIDER DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF TESTFLIGHT AND/OR THE BETA APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY TESTFLIGHT AND/OR THE BETA APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BETA APP OR TESTFLIGHT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BETA APP OR TESTFLIGHT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BETA APP OR TESTFLIGHT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Termination

To terminate your participation in beta-testing a particular Beta App, delete the Beta App from your device. Deleting the Beta App from your device will also delete any data you have generated within that Beta App, and may delete any data created in a previously installed full version of the App. Deleting the Beta App will not delete Beta Testing Data or Beta Input that you, TestFlight, or the Beta App have already provided to the Application Provider and Apple. To request deletion of your personal information, contact the Application Provider or Apple directly. Apple and/or the Application Provider reserve the right to terminate your participation in the beta testing of any Beta App at any time, in their sole discretion. By way of example, this termination may occur if you provide Beta Feedback that contains offensive and inappropriate images to the Application Provider.

06/21/2023

(B) APPLE INC.

TESTFLIGHT SOFTWARE LICENSE AGREEMENT

TestFlight Application

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. ANY INSTALLATION AND/OR USE OF THE APPLE SOFTWARE ON THIS DEVICE OR ON YOUR OTHER SUPPORTED APPLE-BRANDED DEVICES IS SUBJECT TO THE TERMS OF THIS LICENSE, UNLESS ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE ON THIS DEVICE OR ON YOUR OTHER SUPPORTED APPLE-BRANDED DEVICES. THIS LICENSE SUPERSEDES ANY PRIOR VERSIONS OF THE LICENSE INTO WHICH YOU HAVE ENTERED.

  1. General.

A. The Apple software, and any third-party software, documentation, interfaces, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you.

B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your compatible Apple-branded device. The Apple Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of macOS, iOS, tvOS, or other Apple-branded hardware. The terms of this License will govern any software upgrades or updates provided by Apple to the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.

  1. Permitted License Uses and Restrictions.

A. License. Subject to the terms and conditions of this License and as permitted in the “Services and Content Usage Rules” set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/), you are granted a limited, non-transferable, non-exclusive license to install and use the Apple Software on any compatible Apple-branded device that you own or control in accordance with the terms of Section 2B. You may not distribute or make the Apple Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software.

B. Beta App Usage Terms. The Apple Software may allow you to access pre-release Apps from Apple and/or third-party developers that may or may not be identified with a mark (e.g., a colored dot) when loaded onto your Apple-branded device (“Beta Apps”). Your use of the Beta Apps will be in accordance with the latest Apple Media Services Terms and Conditions for the country in which you access the App Store as well as the TestFlight Terms of Service and any other terms or license included by Apple or a third-party developer (if any). The TestFlight Terms of Service will be presented to you for review and acceptance prior to your use or download of any Beta Apps.

C. Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Apple Software). You agree to use the Apple Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software.

  1. Consent to Use of Data.

A. Analytics Data. If you opt in to Analytics collection for the Apple Software (the TestFlight Application), you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third-party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third-party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.

B. Privacy Policy. At all times your information will be treated in accordance with the terms of this License and as described in Apple’s Privacy Policy, which can be viewed at: https://www.apple.com/legal/privacy/.

  1. Pre-release Software.

Note: This Agreement applies to both commercial release and pre-release versions of the Apple Software, as applicable.

A. Using Pre-Release Apple Software. Pre-release versions of the Apple Software are time limited and meant for test and evaluation purposes only. Pre-release versions should not be relied upon to perform in the same manner as a final-release, commercial-grade product, nor should they be used with important data. Pre-release versions may contain inaccuracies or errors that could cause failures or loss of data and may be incomplete. Before installing any pre-release versions of the Apple Software, You should back up Your data and regularly back up your data while using.

B. Confidentiality. You agree that pre-release versions of the Apple Software will be deemed “Apple Confidential Information”; provided however that upon the commercial release of the Apple Software, such pre-release versions of the Apple Software will no longer be confidential. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, or (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation.

You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use Apple Confidential Information for any other purpose, for Your own or any third party’s benefit, without Apple's prior written consent. You may disclose Apple Confidential Information to the extent required by law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

  1. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 2C, 3, 4, 5, 6, 7, 9, 10, and 11 of this License shall survive any such termination.

  2. Disclaimer of Warranties.

A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AS WELL AS ANY CONTENT OR APPS DISPLAYED BY OR ACCESSED THROUGH THE APPLE SOFTWARE (COLLECTIVELY, THE “APPLE SOFTWARE” FOR PURPOSES OF SECTION 5 AND 6) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.

D. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  2. Export Control. You may not use or otherwise export or re-export the Apple Software except as authorized by United States law, the laws of the jurisdiction in which the Apple Software was obtained, and any other applicable laws and regulations. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or regions or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons or any other military end uses as defined in 15 C.F.R. § 744.

  3. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  4. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

  5. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done as a courtesy or for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

EA1835

06/21/2023


David Blue