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LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each
App is subject to your prior acceptance of either this Licensed Application End User License
Agreement (“Standard EULA”), or a custom end user license agreement between you and the
Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App
under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third
Party App under this Standard EULA or Custom EULA is granted by the Application Provider of
that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the
“Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves
all rights in and to the Licensed Application not expressly granted to you under this Standard
EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed
Application on any Apple-branded products that you own or control and as permitted by the
Usage Rules. The terms of this Standard EULA will govern any content, materials, or services
accessible from or purchased within the Licensed Application as well as upgrades provided by
Licensor that replace or supplement the original Licensed Application, unless such upgrade is
accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute
or make the Licensed Application available over a network where it could be used by multiple
devices at the same time. You may not transfer, redistribute or sublicense the Licensed
Application and, if you sell your Apple Device to a third party, you must remove the Licensed
Application from the Apple Device before doing so. You may not copy (except as permitted by
this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source
code of, modify, or create derivative works of the Licensed Application, any updates, or any part
thereof (except as and only to the extent that 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 Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related
information—including but not limited to technical information about your device, system and
application software, and peripherals—that is gathered periodically to facilitate the provision of
software updates, product support, and other services to you (if any) related to the Licensed
Application. Licensor may use this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights
under this Standard EULA will terminate automatically if you fail to comply with any of its
terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-
party services and websites (collectively and individually, "External Services"). You agree to use
the External Services at your sole risk. Licensor is not responsible for examining or evaluating
the content or accuracy of any third-party External Services, and shall not be liable for any such
third-party External Services. Data displayed by any Licensed Application or External Service,
including but not limited to financial, medical and location information, is for general
informational purposes only and is not guaranteed by Licensor or its agents. You will not use the
External Services in any manner that is inconsistent with the terms of this Standard EULA or that
infringes the intellectual property rights of Licensor or any third party. You agree not to use the
External Services to harass, abuse, stalk, threaten or defame any person or entity, and that
Licensor is not responsible for any such use. External Services may not be available in all
languages or in your Home Country, and may not be appropriate or available for use in any
particular location. To the extent you choose to use such External Services, you are solely
responsible for compliance with any applicable laws. Licensor reserves the right to change,
suspend, remove, disable or impose access restrictions or limits on any External Services at any
time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF

THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY
SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE
PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES 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.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL LICENSOR 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 OF OR INABILITY TO USE THE
LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Licensor’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.

g. You may not use or otherwise export or re-export the Licensed Application except as
authorized by United States law and the laws of the jurisdiction in which the Licensed
Application was obtained. In particular, but without limitation, the Licensed Application may not
be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S.
Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce
Denied Persons List or Entity List. By using the Licensed Application, 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 these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missile, or chemical
or biological weapons.

h. The Licensed Application 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.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the
relationship between you and Apple shall be governed by the laws of the State of California,
excluding its conflicts of law provisions. You and Apple agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Santa Clara, California, to
resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b)
you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are
a citizen of one of the countries identified below, you hereby agree that any dispute or claim
arising from this Agreement shall be governed by the applicable law set forth below, without
regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive
jurisdiction of the courts located in the state, province or country identified below whose law
governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the
governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United
Nations Convention on the International Sale of Goods.

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