7.1 This clause 7 only applies to you if you downloaded the App from the Apple App Store (the Store).
7.2 Both of us acknowledge that this contract is entered into between us only, and that Apple, Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance.
7.3 Your licence to use of the App is limited to use on any iPhone, iPod touch, iPad or other device using a version of the iOS operating system. For more information on compatibility visit our FAQ page.
7.4 If the App fails to conform to any applicable warranty you may notify the Store, which may refund you the App licence fee (if any was paid). To the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
7.5 Both of us acknowledge that we, and not the Store, are responsible for addressing any of your or any third-party claims relating to the App or your possession and/or use of the App including:
- Product liability claims;
- Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation.
7.6 Both of us acknowledge that if there is any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of the claim.
7.7 You represent and warrant that you:
- Are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- You are not listed on any U.S Government list of prohibited or restricted parties.
7.8 Both of us acknowledge and agree that this contract operates as a contract for the benefit of a third party in favour of Apple, Inc. and their subsidiaries, insofar as this contract creates rights in favour of Apple, Inc., and that, upon your acceptance of the terms and conditions of this contract, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the contract against you as the third party beneficiary thereof.