Xcode and Apple SDKs Agreement

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND
CONDITIONS CAREFULLY BEFORE USING THE APPLE SOFTWARE OR APPLE
SERVICES. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE. BY CLICKING
“AGREE” OR BY DOWNLOADING, USING OR COPYING ANY PART OF THIS APPLE
SOFTWARE OR USING ANY PART OF THE APPLE SERVICES, YOU ARE AGREEING ON
YOUR OWN BEHALF AND/OR ON BEHALF OF YOUR COMPANY OR ORGANIZATION TO
THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT OR CANNOT AGREE
TO THE TERMS OF THIS AGREEMENT, YOU CANNOT USE THIS APPLE SOFTWARE OR
THE APPLE SERVICES. DO NOT DOWNLOAD OR USE THIS APPLE SOFTWARE OR
APPLE SERVICES IN THAT CASE.

IMPORTANT NOTE: USE OF APPLE SOFTWARE IS GOVERNED BY THIS AGREEMENT

AND IS AUTHORIZED ONLY FOR EXECUTION ON AN APPLE-BRANDED PRODUCT
RUNNING MACOS. ANY OTHER DOWNLOAD OR USE OF APPLE SOFTWARE IS NOT
AUTHORIZED AND IS IN BREACH OF THIS AGREEMENT.

1. Definitions
Whenever capitalized in this Agreement:

“Agreement” means this Xcode and Apple SDKs Agreement.

“Apple” means Apple Inc., a California corporation with its principal place of business at
One Apple Park Way, Cupertino, California 95014, U.S.A.

“Apple Developer Program License Agreement” means a separate agreement that may
be entered into between You and Apple regarding the development and submission of
Applications to the App Store for approval and digital signing by Apple, development of
libraries for iOS, watchOS, iPadOS, tvOS, and/or visionOS, and the use of Apple services such
as the Apple Push Notification Service, In-App Purchase, and iCloud, among other things.

“Apple Maps Service” means the mapping platform and Map Data provided by Apple via
the MapKit API and/or the Apple Maps Server API (which are the documented API that enable
You to add mapping features or functionality to Applications).

“Apple Services” or “Services” means the developer services that Apple provides to You
under this Agreement solely for use with Your Applications and not for use by You as an end-
user (e.g., Game Center, Apple Maps Service, any Apple-certificate issuance services,
editing, building, compiling, simulating and testing of code, and generation of content
including code, etc.), including any Updates thereto (if any) that may be provided to You by
Apple.

“Apple Software” means the Xcode Developer Tools and the Apple SDKs, including any
Updates thereto (if any) that may be provided to You by Apple.

“Apple SDKs” means the macOS SDK, and the Apple-proprietary Software Development
Kits (SDKs) provided hereunder, including but not limited to header files, APIs, libraries,
simulators, and software (source code and object code) labeled as part of the iOS SDK,
watchOS SDK, iPadOS SDK, tvOS SDK and/or visionOS SDK and included in the Xcode
Developer Tools package for purposes of targeting Apple-branded products running iOS,
watchOS, iPadOS, tvOS or visionOS.

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“Application” means a software program (including extensions and media that are
enclosed in a single software bundle) developed by You hereunder, for use under Your own
name, trademark or brand, and specifically for use on Apple-branded products running
macOS, iOS, watchOS, iPadOS, tvOS, or visionOS as applicable, including new releases and
new versions of such software program, but excluding libraries for iOS, watchOS, iPadOS,
tvOS, and/or visionOS applications.

For clarity, the term Application as used in this Agreement excludes libraries that are for use
in Applications designed for iOS, watchOS, iPadOS, tvOS or visionOS. Such libraries can be
developed by You only under the terms of the Apple Developer Program License Agreement.

“Authorized Developers” means Your employees and contractors, members of Your

organization or, if You are an educational institution, Your faculty, staff and students, who:
(a) have a demonstrable need to know or use the Apple Software or Apple Services in order
to develop and test Applications, and (b) to the extent they will access Apple Confidential
Information, have written and binding agreements with You that prohibit the unauthorized
use and disclosure of such confidential information.

“Authorized Test Units” means Apple-branded hardware units owned or controlled by You
that have been designated by You for Your own testing and development purposes, and, if
You permit, Apple-branded hardware units owned or controlled by Your Authorized
Developers so long as such units are used for testing and development purposes on Your
behalf and only as permitted hereunder.

“Documentation” means the technical or other specifications or documentation that Apple

may provide to You for use in connection with the Apple Software, Apple Services, Apple
certificates, or as otherwise provided hereunder.

“FOSS” (Free and Open Source Software) means any software that is subject to terms that,
as a condition of use, copying, modification or redistribution, require such software and/or
derivative works thereof to be disclosed or distributed in source code form, to be licensed for
the purpose of making derivative works, or to be redistributed free of charge, including
without limitation software distributed under the GNU General Public License or GNU
Lesser/Library GPL.

“macOS SDK” means the Apple-proprietary Software Development Kits (SDKs) provided
hereunder, including but not limited to header files, APIs, libraries, simulators, and software
(source code and object code) labeled as part of the macOS SDK and included in the Xcode
Developer Tools package for purposes of targeting Apple-branded products running macOS.

“Map Data” means any content, data or information provided through the Apple Maps
Service including, but not limited to, imagery, terrain data, latitude and longitude
coordinates, transit data, points of interest and traffic data.

“Program Requirements” mean the technical, human interface, design, product category,
security, performance, and other criteria and requirements for Applications specified by
Apple in the Apple Developer Program License Agreement.

“Provisioning Profiles” means the time-limited files (including applicable entitlements,

certificates or other identifiers) that may be provided by Apple for use by You in connection
with Your Application development and testing.

“Updates” means bug fixes, updates, upgrades, modifications, enhancements and

supplements to the Apple Software or Apple Services, and any new releases or versions
thereof.

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“Xcode Developer Tools” means the Apple-proprietary development platform, including
but not limited to software tools, compilers, sample code, Documentation, programming
languages, simulators, and overall design package provided by Apple hereunder, excluding
the Apple SDKs.

“You” or “Your” means the person(s) or entity using the Apple Software or Services or
otherwise exercising rights under this Agreement. If You are entering into this Agreement
on behalf of Your company, organization, educational institution, or an agency,
instrumentality, or department of the federal government, “You” or “Your” refers to your
company, organization, educational institution or agency, instrumentality, or department of
the federal government as well.

2. Internal Use License and Restrictions

2.1 Authority to Enter into Agreements
You certify to Apple that You have the right and authority to enter into this Agreement on
Your own behalf, or if You are entering into this Agreement on behalf of Your company,
organization, educational institution, or agency, instrumentality, or department of the
federal government, that You have the right and authority to legally bind such entity or
organization to the terms and obligations of this Agreement. Further, You agree to comply
with the terms of and fulfill Your obligations under this Agreement, including obtaining any
required consents for Your Authorized Developers’ use of the Apple Software and Services
(e.g., as part of Your Applications), and You agree to monitor and be fully responsible for all
such use by Your Authorized Developers and their compliance with the terms of this
Agreement. You acknowledge that You will be solely responsible for all costs, expenses,
losses and liabilities incurred, and activities undertaken by You and Your Authorized
Developers in connection with the Apple Software and Apple Services, Your Applications and
Your related development and limited distribution efforts.

2.2 Permitted Uses and Restrictions

Subject to the terms and conditions of this Agreement, Apple hereby grants You during the
Term, a limited, non-exclusive, personal, revocable, non-sublicensable, non-transferable,
and internal use license to:

A. Install a reasonable number of copies of the Apple Software on Apple-branded

computers that are owned or controlled by You to be used internally by You or Your
Authorized Developers only as follows:

(i) You may use the Xcode Developer Tools to test and develop application and other
software;

(ii) You may use the macOS SDKs to test and develop application and other software;

(iii) You may use the Apple SDKs (excluding the macOS SDK) solely to test and develop
Applications that are specifically for use with the applicable Apple-branded products for
which the SDK is targeted, unless otherwise permitted by Apple in writing; and

(iv) You may use the Apple Services solely to test and develop Applications that are
specifically for use on Apple-branded products, unless otherwise permitted by Apple in
writing.

Except as otherwise expressly set forth in Section 2.2.B., You may not distribute any
Applications developed using the Apple SDKs (excluding the macOS SDK) absent entering
into a separate written agreement with Apple.

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B. Use Provisioning Profiles to install Your Applications onto a reasonable, limited
number of Authorized Test Units solely for use by You and/or Your Authorized Developers
and only for internal testing and development of Your Applications, or for Your own personal,
non-commercial use.

Apple reserves the right to limit the number of Authorized Test Units that You
may provision for iOS, watch OS, iPadOS, tvOS, and visionOS as well as the
number of Authorized Developers (and Apple IDs) that You may register with the
Apple Software for such provisioning. You agree to be solely responsible for
determining which Authorized Developers in Your company or organization should have
access to and use of Your Applications and such Authorized Test Units. You agree to clearly
inform Your Authorized Developers that Your Applications that are deployed using Your
Provisioning Profiles are to be used only by them (and not by any third parties) and are
solely for use for internal testing and development purposes on Your behalf. You will be
responsible for attaching or otherwise including, at Your discretion, any relevant usage
terms for such Applications. Apple will not be responsible for any violations of Your usage
terms. You will be solely responsible for all user assistance, warranty and support of Your
Applications that are deployed by You under this Agreement.

C. You will not use or prompt Apple Software or Services in a manner that You know or
reasonably should know generates, or is intended to generate, content that is unlawful,
harmful or infringes, misappropriates or violate the rights of Apple or others. Furthermore,
You warrant You have all necessary rights and licenses to use the information that You input
to Apple Software or Services with such Software and Services.

2.3 Apple IDs

You agree to register only a reasonable number of Apple IDs in the Apple Software and
Apple Services for deployment and provisioning purposes. You agree to ensure that such
Apple IDs are associated with You or Your Authorized Developers. You agree that all
information provided to Apple by You or Your Authorized Developers in obtaining such Apple
IDs or entering them into the Apple Software or Services will be current, true, accurate,
supportable and complete. You agree not to fraudulently misrepresent or improperly
acquire more Apple IDs than are necessary for Your own reasonable testing and
development purposes. You understand that Apple may disable Your right to use Apple IDs
within the Apple Software or may revoke Your Provisioning Profiles at any time in its sole
discretion (e.g., if Apple suspects fraudulent or malicious activity with Your use of the Apple
Software or Services).

2.4 Apple Developer Program

If You would like a third-party to use Your Application for iOS, watchOS, iPadOS, tvOS, or
visionOS, or You would like to distribute Your Application for macOS through the App Store,
then You must enter into a separate written agreement with Apple (the Apple Developer
Program License Agreement) and Your Application must comply with the Program
Requirements and Documentation. Information regarding the Program Requirements is
available at: https://developer.apple.com/programs/ . Apple reserves the right to change
the Program Requirements and/or the terms of the Apple Developer Program License
Agreement from time to time. You are fully responsible for any and all costs, expenses or
other liabilities You may incur as a result of Your development or use of the Apple Software
or Services. For clarity, macOS applications and libraries may be distributed without
entering into a separate written agreement with Apple so long as such applications and
libraries comply with the terms of this Agreement.

2.5 Copies
You agree to retain and reproduce in full the Apple copyright, disclaimers and other
proprietary notices in all copies of the Apple Software that You are permitted to make under

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this Agreement. For clarity, You may copy only the entire package or piece of the Apple
Software and Services in its entirety and only for use as permitted herein. You may not alter
the Apple Software or Services in any way in such copy, e.g., You are expressly prohibited
from separately using the Apple SDKs or attempting to run any part of the Apple Software on
non-Apple-branded hardware. Images contained in the Documentation may not be
separately copied or used outside of the Documentation.

2.6 Ownership
Apple retains all rights, title, and interest in and to the Apple Software and Apple Services.
The parties acknowledge that this Agreement does not give Apple any ownership interest in
Your Applications.

2.7 Restrictions; No Other Permitted Uses

The grants set forth in this Agreement do not permit You to, and You agree not to, install,
use or run the Apple Software or Apple Services on any non-Apple-branded computer or
device, or to enable others to do so. This Agreement does not allow the Apple Software or
Services to be made available over a network where they could be run or used by multiple
computers at the same time, unless otherwise expressly permitted in writing by Apple.
Further, unless otherwise expressly permitted by Apple in writing, You agree not to rent,
lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the
Apple Software and Apple Services, in whole or in part, or to enable others to do so. You
may not use the Apple Software and Apple Services for any purpose not expressly permitted
by this Agreement. You may not and You agree not to, or to enable others to, copy (except
as expressly permitted under this Agreement), decompile, reverse engineer, disassemble,
attempt to derive the source code of, modify, decrypt, or create derivative works of the
Apple Software or Services, 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
licensing terms governing use of open-sourced components or sample code included with
the Apple Software). You agree not to exploit the Apple Services or Apple Software in any
unauthorized way whatsoever, including but not limited to, by trespass or burdening
network capacity. Further, as a condition to using the Apple Software and Apple Services,
You agree that You will not, directly or indirectly, commit any act intended to interfere with
the Apple Software or Apple Services. All licenses not expressly granted in this Agreement
are reserved and no other licenses, immunity or rights, express or implied are granted by
Apple, by implication or otherwise. This Agreement does not grant You any rights to use any
trademarks, logos or service marks) belonging to Apple, including but not limited to the Mac,
iPhone, iPad, Apple Watch, Apple Vision Pro, AirPods, AirTags, Apple TV, HomePod or iPod
word marks. If You make reference to any Apple products or technology or use Apple’s
trademarks, You agree to comply with the guidelines at:
http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html, as modified by Apple
from time to time.

2.8 Updates; No Support or Maintenance

Apple may extend, enhance, or otherwise modify the Apple Software and Apple Services at
any time without notice, but Apple is not obligated to provide You with any Updates to the
Apple Software and Apple Services. If Apple makes Updates available, the terms of this
Agreement will govern such Updates, unless the Update is accompanied by a separate
license in which case the terms of that license will govern. If You choose to allow automatic
updates for the Apple Software in System Preferences, then Your Apple-branded computer
will periodically check with Apple for updates and upgrades to the Apple Software and, if an
update or upgrade is available, the update or upgrade will automatically download and
install onto Your Apple-branded computer and, if applicable, Your peripheral devices. You
can turn off the automatic updates for the Apple Software at any time by changing the
automatic updates settings within System Preferences. Apple is not obligated to provide
any maintenance, technical or other support for the Apple Software and Apple Services. You

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acknowledge that Apple has no express or implied obligation to announce or make available
any Updates of the Apple Software and Apple Services to anyone in the future. Should an
Update be made available, it may have APIs, features, services, content, or functionality that
are different from those found in the Apple Software and Apple Services licensed hereunder.

2.9 Use of Apple Services in Your Applications

Apple may provide access to Apple Services that Your Applications may call through APIs in
the Apple Software and/or that Apple makes available to You through other mechanisms,
e.g., through the use of keys that Apple may make accessible to You through the Apple
Software or Apple Services. You agree to access such Apple Services only through the
mechanisms provided by Apple for such access and only for use on Apple-branded products.
Except as expressly permitted by Apple in writing, You agree not to share access to
mechanisms provided to You by Apple for the use of Apple Services with any third party.
Further, You agree not to create or attempt to create a substitute or similar service through
use of or access to the Apple Services.

You agree to access and use such Services only as necessary for providing services and
functionality for Your Applications that are eligible to use such Services and only as
permitted by Apple in writing, including in the Documentation. You may not use the Apple
Services in any manner that is inconsistent with the terms of this Agreement or that
infringes any intellectual property rights of a third party or Apple, or that violates any
applicable laws or regulations. You agree that the Apple Services contain proprietary
content, information and material owned by Apple and its licensors, and protected by
applicable intellectual property and other laws. You may not use such proprietary content,
information or materials in any way whatsoever, except for the permitted uses of the Apple
Services under this Agreement, or as otherwise separately and expressly permitted by Apple
in writing.

You acknowledge that there may be storage capacity, transmission, and/or transactional
limits for the Apple Services both for You as a developer and for Your Authorized Developers.
If You reach or Your Authorized Developers reach such limits, then You or Your Authorized
Developer may be unable to use the Apple Services or may be unable to access or retrieve
data from Your Applications or through the applicable end-user accounts. You agree not to
charge any fees to Your Authorized Developers solely for access to or use of the Apple
Services through Your Application or for any content, data or information provided therein,
and You agree not to sell access to the Apple Services in any way.

Apple Services may not be available in all languages or in all countries, and Apple makes no
representation that any such Services would be appropriate, accurate or available for use in
any particular location or product. To the extent You choose to use the Apple Services with
Your Applications, You do so at Your own initiative and are responsible for compliance with
any applicable laws.

Apple reserves the right to change, suspend, deprecate, remove, limit, or disable access to
the Apple Services, or any part thereof, at any time without notice (including revoking
entitlements or changing any APIs in the Apple Software that enable access to the Services).
In no event will Apple be liable for the removal of or disabling of access to any of the
foregoing. Apple may also impose limits and restrictions on the use of or access to the
Apple Services, may remove the Apple Services for indefinite time periods, may revoke Your
access to the Apple Services, or may cancel the Apple Services (or any part thereof) at any
time without notice or liability to You and in its sole discretion.

Apple does not guarantee the availability, accuracy, completeness, reliability, or timeliness
of any data or information displayed by any Apple Services. You are responsible for Your
use of the Apple Software and Apple Services, and if You use such Services to store any

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content, data, or information, then it is Your responsibility to maintain appropriate alternate
backup of all Your content, information, and data. You understand and agree that You may
not be able to access certain Apple Services upon expiration or termination of this
Agreement and that Apple reserves the right to suspend access to or delete content, data or
information that You have stored through Your use of such Services provided hereunder.
You should review the Documentation and policy notices posted by Apple prior to using any
Apple Services. Certain Apple Services may not be made available for Applications on all
Apple-branded products and may not be made available to all developers. Apple reserves
the right to not provide (or to cease providing) the Apple Services to any or all developers at
any time in its sole discretion.

2.10 Digital Materials, Reality Composer and Reality Composer Pro Software
A. The Reality Composer and/or Reality Composer Pro software (“Composer
Software”) that may be included with the Apple Software may contain, display and provide
access to certain content, photographs, text, images, graphics, artwork, audio, video,
augmented reality or similar assets (collectively, the “Digital Materials”). Title and
intellectual property rights in the Digital Materials belong to Apple or the respective content
owner, and such Digital Materials may be protected by copyright or other intellectual
property laws and treaties, or subject to terms of use of the third party providing such
Digital Materials. Apple is not obligated to provide for, and does not guarantee, the
availability of the Composer Software or any specific Digital Materials. Any Updates to the
Composer Software may therefore contain some Digital Materials different from the previous
versions.

B. Automatic Updates of the Composer Software may also include updates to the library
of Digital Materials that are provided as part of the Composer Software. Regardless of
whether automatic updates are enabled or not, when the Composer Software is in use, the
Composer Software will automatically check with Apple for Updates to the Digital Materials.
If an Update is available, You will be prompted to download the updated or new Digital
Materials. Apple reserves the right to automatically modify, remove, or delete any
Digital Materials on Your Apple-branded computer from time to time if Apple
becomes aware of or has reason to believe that it is necessary to cease the
distribution and use of such Digital Materials, due to reasons such as legal or
regulatory requirements, public morals, or technical considerations. By using the
Apple Software, You understand and agree that Apple may automatically modify,
remove or delete any Digital Materials.

C. Except as otherwise provided in this Agreement, You may use the Digital Materials,
on a royalty-free basis, to create your own original content for your game, application, or
other audiovisual project (“User Content”) subject to Apple’s right to modify, remove or
delete specific Digital Materials on Your Apple-branded computer as set forth in Section
2.10B above. You may display and distribute User Content that was created using the Digital
Materials as part of or in connection with Your game, application or other audiovisual
project; however, individual Digital Materials may not be commercially or otherwise
distributed on a standalone basis, or repackaged in whole or in part as audio clips, visual
content, or asset packs.

D. Except as otherwise provided in this Agreement, (i) this Agreement does not grant
You any rights to use such Digital Materials, nor does it obligate Apple to make any such
Digital Materials available to You continually or for any specific term, and (ii) You may not
use the Digital Materials outside the context of their intended use as part of the Apple
Software. Without prejudice to Section 2.12C below, You agree not to use the Composer
Software, including any Digital Materials, for any unlawful or illegal activity or to create User
Content or assets that are offensive or inappropriate. You further agree not to interfere with,
disrupt, or create an undue burden on servers or networks connected to Your Apple-branded

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computer or Apple Software or violate the regulations, policies or procedures of such
networks.

2.11 System-Provided Images

The system-provided images and symbols owned by Apple and documented as such in
Apple's Human Interface Guidelines for iOS, watchOS, iPadOS, tvOS, macOS, or visionOS
(“System-Provided Images”) are licensed to You solely for the purpose of developing
Applications for Apple-branded products that run on the system for which the image was
provided. You agree that you shall not use or incorporate the System-Provided Images or
any substantially or confusingly similar images into app icons, logos or make any other
trademark use of the System-Provided Images. Your use of the System-Provided Images
shall also be subject to any specific use restrictions with respect thereto as set forth in the
Apple Software or Apple’s Human Interface Guidelines. Apple reserves the right to review
and, in its sole discretion, require modification or discontinuance of use of any System-
Provided images used in violation of the foregoing restrictions, and you agree to promptly
comply with any such request. Upon termination of this Agreement, You may continue to
distribute the System-Provided Images as used within Applications You developed using the
Apple Software.

2.12 Additional Restrictions

A. Use of the Apple Maps Service; Location
If Your Application uses or accesses the Map Kit API and/or the Apple Maps Server API from a
device running iOS version 6 or later, Your Application will access and use the Apple Maps
Service. All use of the Map Kit API, Apple Maps Server API and Apple Maps Service must be
in accordance with the terms of this Agreement, and You agree that the Apple Maps Service
is solely for use by Applications running on Apple-branded products. Your Application may
use the MapKit API and/or Apple Maps Server API only to access the Apple Maps Service
and/or Map Data in Your Applications (except as otherwise set forth below).

As part of such access to the Apple Maps Service and/or Map Data through the MapKit API or
Apple Maps Server API:

- Your Application must not remove, obscure or alter Apple’s or its licensors’ copyright
notices, trademarks, or any other proprietary rights or legal notices, documents or
hyperlinks that may appear in or be provided through the Apple Maps Service;

- You must not use the Apple Maps Service in any manner that enables or permits bulk
downloads or feeds of the Map Data, or any portion thereof, or that in any way attempts to
extract, scrape or reutilize any portions of the Map Data. For example, neither You nor Your
Application may use or make available the Map Data, or any portion thereof, as part of any
secondary or derived database;

- Your Application may display the Map Data only as permitted herein, and when displaying
it on a map, You agree that it will be displayed only on an Apple map provided through the
Apple Maps Service;

- Except to the extent expressly permitted herein, You agree not to copy, modify, translate,
create a derivative work of, publish or publicly display the Map Data in any way. Further,
You may not use or compare the data provided by the Apple Maps Service for the purpose of
improving or creating another mapping service;

- Unless otherwise expressly permitted in writing by Apple, Map Data may not be cached,
pre-fetched, or stored by You or Your Application, other than on a temporary and limited
basis solely as necessary (i) for Your use of the Apple Maps Service as permitted herein or in
the MapKit Documentation, and/or (ii) solely to improve the performance of the Apple Maps

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Service with Your Application after which, in all cases, You must delete any such Map Data
and, upon Apple’s request, provide to Apple written certification of the deletion;

- You acknowledge and agree that results You may receive from the Apple Maps Service
may vary from actual conditions due to variable factors that can affect the accuracy of Map
Data, such as road or weather conditions; and
Applications that use location-based APIs (e.g., Core Location, MapKit API) or otherwise
provide location-based services may not be designed or marketed for automatic or
autonomous control of vehicle behavior, or for emergency or life-saving purposes. Map Data
and other location data provided by Apple is not intended to be relied upon in situations
where precise location information is needed or where erroneous, delayed, non-existent,
inaccurate or incomplete location data may lead to death, personal injury, property or
environmental damage.

If You choose to provide Your own location-based service, data and/or information in
conjunction with the Apple maps provided through the Apple Maps Service (e.g., overlaying
a map or route You have created on top of an Apple map), You are solely responsible for
ensuring that Your service, data and/or information correctly aligns with any Apple maps
used. For Applications that use location-based APIs for real-time navigation (including, but
not limited to, turn-by-turn route guidance and other routing that is enabled through the use
of a sensor), You must have an end-user license agreement that includes the following
notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE
RISK. LOCATION DATA MAY NOT BE ACCURATE. Further, any Applications that offer
location-based services or location-based functionality must notify and obtain consent from
an individual before his or her location data is collected, transmitted or otherwise used by
the Application.

B. Use of the HealthKit APIs and the HomeKit APIs

You may use the HealthKit APIs only for internal testing and development purposes for Your
Application. Your Application must not access the HealthKit APIs unless it is primarily
designed to provide health and/or fitness services. You must not use the HealthKit APIs, or
any information obtained through the HealthKit APIs, to disclose or provide an end-user’s
health and/or fitness information to any third party and may only use such APIs for internal
testing and development purposes for Your Application. If Your Application accesses
NikeFuel points information through the HealthKit APIs, then Your use of the NikeFuel points
information is subject to the NikeFuel points terms of service set forth at:
https://developer.nike.com/healthkit/nikefuel-use-agreement.html. If You do not accept such
NikeFuel points terms of service, including, but not limited to all limitations and restrictions
therein, You may not use such NikeFuel points information in Your Application, and You
acknowledge and agree that such use will constitute Your acceptance of such terms of
service.

You may use the HomeKit APIs only for internal testing and development purposes for Your
Application. Your Application must not access the HomeKit APIs unless it is primarily
designed to provide home configuration or home automation services (e.g., turning on a
light, lifting a garage door) for hardware accessories licensed under Apple’s MFi Program.
You agree not to use the HomeKit APIs for any purpose other than interfacing,
communicating, interoperating with or otherwise controlling hardware accessories licensed
under Apple’s MFi Program or for using the HomeKit database, and then only for home
configuration or home automation purposes in connection with Your Application. Your
Application may use information obtained from the HomeKit APIs and/or the HomeKit
database only on supported Apple-branded products. You agree not to export, remotely
access, or transfer such information off such device (e.g., a lock password cannot be sent off
an end-user’s device to be stored in an external non-Apple database).

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C. Compliance with Laws
You agree that neither You nor Your Applications will disable, override or otherwise interfere
with any Apple-implemented system alerts, warnings, display panels, consent panels and
the like. You understand and agree that You and Your Applications must comply with all
applicable criminal, civil and statutory laws and regulations (including privacy, data
collection and location service laws and regulations) in any jurisdictions in which Your
Applications may be delivered. You shall be solely responsible for, and Apple shall have no
responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities,
losses, damages, costs and expenses arising from, related or attributable to, or otherwise
involving Your Application.

You agree not to use the Apple Software and Services for any unlawful or illegal activity, nor
to develop any Application that would commit or facilitate the commission of a crime, or
other tortious, unlawful, or illegal act. You agree that, to the best of Your knowledge and
belief, Your Applications will not violate, misappropriate, or infringe any Apple or third party
copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other
proprietary or legal rights (e.g. musical composition or performance rights, video rights,
photography or image rights, logo rights, third party data rights, etc. for content and
materials that may be included in Your Application). Further, You agree not to use the Apple
Software or Apple Services to create any Application or other software program that would
disable, hack or otherwise interfere with any security, digital signing, digital rights
management, content protection, verification or authentication mechanisms implemented in
or by the Apple Software or the Apple Services, or by other Apple software, services or
technology, or enable others to do so, unless otherwise permitted by Apple in writing.

D. Your Responsibility
You agree that content (including code) generated in response to Your use of Apple Software
and Services is Your responsibility. Notwithstanding Apple’s prior rights, Apple does not
claim any ownership rights in the generated content. It is entirely your responsibility to test
the content; ensure the content does not violate, misappropriate, or infringe any Apple or
third-party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or
other proprietary or legal rights; and appropriately attribute content as required.

Applications must not contain any malware, malicious or harmful code, program, or other
internal component (e.g. computer viruses, trojan horses, “backdoors”) and may not use any
Apple Software or services in a way that could damage, destroy, or adversely affect Apple
hardware, software or services, or any other software, firmware, hardware, data, systems,
services, or networks. If Your Application includes any FOSS, You agree to comply with all
applicable FOSS licensing terms, and You agree not to use any FOSS in the development of
Your Application in such a way that would cause the non-FOSS portions of the Provisioning
Profiles, Apple Software, Services, or any Apple-issued certificates to be subject to any FOSS
licensing terms or obligations.

3. Pre-Release Software and Services

Note: This Agreement applies to both the commercial release versions of the
Apple Software and pre-release versions of the Apple Software, as applicable.
You should review the release notes provided with the Apple Software if You are
uncertain about Your confidentiality obligations or visit developer.apple.com for
more information about pre-release versions.

3.1 Using Pre-Release Apple Software and Services

Pre-release versions of the Apple Software or Apple Services should not be relied upon to
perform in the same manner as a final-release, commercial-grade product, nor should they
be used with data that is not sufficiently and regularly backed up. The pre-release Apple

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Software and Apple Services may contain inaccuracies or errors that could cause failures or
loss of data and may be incomplete. You should back up Your data prior to using any pre-
release Apple Software and Apple Services and not rely on them to perform in the same way
as a commercial release of the Apple Software and Services.

3.2 Confidentiality
You agree that pre-release versions of the Apple Software and Apple Services (including pre-
release Documentation) will be deemed “Apple Confidential Information”; provided
however that upon the commercial release of the Apple Software and Apple Services, such
pre-release versions of the Apple Software and Apple Services 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, (iv) information that was rightfully obtained from a third party who
had the right to transfer or disclose it to You without limitation, or (v) any FOSS included in
the Apple Software and Apple Services and accompanied by licensing terms that do not
impose confidentiality obligations on the use or disclosure of such FOSS. Further, Apple
agrees that You will not be bound by the foregoing confidentiality terms with regard to
technical information about pre-release Apple Software or Apple Services disclosed by Apple
at WWDC (Apple’s Worldwide Developers Conference), except that You may not post screen
shots of, write public reviews of, or redistribute any pre-release Apple Software or Services.

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 further agree not to
disclose or disseminate Apple Confidential Information to anyone other than: (i) Authorized
Developers; or (ii) as otherwise agreed or permitted in writing by Apple. 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.

4. Indemnification
To the extent permitted by applicable law, You agree to indemnify, defend and hold
harmless Apple, its directors, officers, employees, independent contractors and agents (each
an “Apple Indemnified Party”) from any and all claims, losses, liabilities, damages,
expenses and costs (including without limitation attorneys' fees and court costs) (collectively
“Losses”) incurred by an Apple Indemnified Party as a result of Your breach of this
Agreement, a breach of any certification, covenant, representation or warranty made by You
in this Agreement, any claims that Your Applications violate or infringe any third party
intellectual property or proprietary rights, or otherwise related to or arising from Your use of
the Apple Software and Apple Services, Your Applications, Your development of Applications,
or Your loading of Applications and limited distribution as permitted hereunder. You
acknowledge that the Apple Software and Apple Services is not intended for use in the
development of Applications in which errors or inaccuracies in the content, functionality,
services, data or information provided by the Application or the failure of the Application
could lead to death, personal injury, or severe physical or environmental damage, and, to
the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each
Apple Indemnified Party from any Losses incurred by such Apple Indemnified Party by

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reason of any such use. In no event may You enter into any settlement or like agreement
with a third party that affects Apple's rights or binds Apple in any way, without the prior
written consent of Apple. Furthermore, for the avoidance of doubt, Apple does not
indemnify You for the use of Apple Software or Services.

5. Term and Termination

The license to use this version of the Apple Software and Apple Services is effective until
terminated as set forth herein.

This Agreement and all rights under this Agreement will terminate automatically or cease to
be effective without notice from Apple if You or any of Your Authorized Developers fail to
comply with any term(s) of this Agreement. All rights hereunder in any beta or pre-release
versions of the Apple Software for a particular release will terminate upon the commercial
release of such Apple Software.

Upon the termination of this Agreement for any reason, You agree to immediately cease all
use of the Apple Software and Apple Services and erase and destroy all copies, full or
partial, of the Apple Software and Apple Services and all copies of Apple Confidential
Information in Your and Your Authorized Developers' possession or control. At Apple’s
request, You agree to provide written certification of such destruction to Apple.

Apple reserves the right to revoke, disable or suspend any Provisioning Profiles or
any access to the device deployment and provisioning features of the Apple
Software and Services at any time, in its sole discretion. By way of example,
Apple may do this if Apple has reason to believe that Apple IDs were fraudulently
obtained, that an unreasonable number of devices have been entered into the
Apple Software, and/or that the Services are being used in a fraudulent,
suspicious, or improper manner.

The following terms shall survive termination: Section 1, the last sentence of Section 2.1, the
last two sentences of Section 2.2B., the second to last sentence of Section 2.4, Section 2.6,
Section 2.7, Section 2.12B, 2.12D, the last sentence of 2.13, and Sections 3, 4, 5, 6, 7, and
8. Apple will not be liable for compensation, indemnity, or damages of any sort as a result of
terminating this Agreement in accordance with its terms, and termination of this Agreement
will be without prejudice to any other right or remedy Apple may have, now or in the future.

6. NO WARRANTY
A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND APPLE SERVICES 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

AND APPLE SERVICES ARE 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 6 AND 7)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE
SOFTWARE AND APPLE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
APPLE SOFTWARE AND APPLE SERVICES, THAT THE APPLE SOFTWARE AND APPLE SERVICES

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WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE AND
APPLE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLE
SOFTWARE AND APPLE SERVICES WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE
AND APPLE SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS OR SOFTWARE.
INSTALLATION OF THIS APPLE SOFTWARE AND USE OF THE APPLE SERVICES MAY AFFECT
THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES AS
WELL AS OTHER APPLE PRODUCTS OR SERVICES.

D. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND APPLE SERVICES
ARE 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 OR APPLE SERVICES 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 WILL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE
AND APPLE 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.

7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE
FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE 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 THIS AGREEMENT, YOUR USE OF OR INABILITY TO
USE THE APPLE SOFTWARE AND APPLE SERVICES, OR YOUR DEVELOPMENT EFFORTS,
HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. 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 under this Agreement 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).

8. General Legal Terms

8.1 Third Party Notices
Portions of the Apple Software and Apple Services utilize or include third party software and
other copyrighted material. Acknowledgements, licensing terms and disclaimers for such
material are contained in the electronic documentation for the Apple Software and Apple
Services, and Your use of such material is governed by their respective terms. Further,
certain software libraries and other third party software included with the Apple Software
are free software and licensed under the terms of the GNU General Public License (GPL) or
the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain
a complete machine-readable copy of the source code for such free software under the
terms of the GPL or LGPL, as the case may be, without charge except for the cost of media,
shipping, and handling, upon written request to Apple at [email protected]. The

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GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software.

8.2 Consent to Collection and Use of Data

A. Diagnostic and Usage Data
- If You are running a pre-release version of the Apple Software and Services, then unless
You opt out of diagnostic and usage collection, You agree that Apple and its subsidiaries and
agents will collect, maintain, process and use diagnostic, technical, usage and related
information, including but not limited to unique system or hardware identifiers, information
about Your computer, system and application software, and peripherals, that is gathered
periodically and automatically as part of the pre-release seeding process to test, 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 Agreement.

- If You are running a commercial version of the Apple Software and Services, then if You
choose to allow diagnostic and usage collection, 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 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 Agreement.

- You may change Your preferences for Diagnostics & Usage collection at any time by going
to the Diagnostics & Usage setting in Your system software and deselecting the checkbox.
The Diagnostics & Usage setting is found in the Security & Privacy pane within System
Preferences. Apple may use this information, so 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, so long as the diagnostic information is in a form that
does not personally identify You.

B. Device Provisioning Data

In order to set up and use the device provisioning, account authentication, and deployment
features of the Apple Software and Services, certain unique identifiers for Your computer,
iOS devices, watchOS devices, iPadOS devices, tvOS devices, visionOS devices, and account
information may be needed. These unique identifiers may include Your email address, Your
Apple ID, a hardware identifier for Your computer, and device identifiers entered by You into
the Apple Software for Apple-branded products running iOS, watchOS, iPadOS, tvOS, or
visionOS. Such identifiers and information may be logged in association with Your
interaction with the Service and Your use of these features and the Apple Software and
Services. By using the Apple Software or Services, You agree that Apple may
transmit, collect, maintain, process and use these identifiers and information for
the purpose of providing the Apple Software and Services, including using such
identifiers for account verification and anti-fraud measures. If You do not want to
provide this information, do not use the device deployment and provisioning features of the
Apple Software or Services.

C. Privacy Policy
At all times Your information will be treated in accordance with Apple’s Privacy Policy, which
can be viewed at: http://www.apple.com/legal/privacy/.

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8.3 Severability; Waiver
If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable
for any reason, that clause of this Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of this Agreement
shall continue in full force and effect. However, if applicable law prohibits or restricts You
from fully and specifically complying with the Sections of this Agreement entitled “Internal
Use License and Restrictions” or prevents the enforceability of either of those Sections,
this Agreement will immediately terminate and You must immediately discontinue any use
of the Apple Software and Apple Services as described in the Section entitled “Term and
Termination.” Failure by Apple to enforce any provision of this Agreement shall not be
deemed a waiver of future enforcement of that or any other provision. Any laws or
regulations that provide that the language of a contract will be construed against the drafter
will not apply to this Agreement. Section headings are for convenience only and are not to
be considered in construing or interpreting this Agreement.

8.4 Export Control

You may not use, export, re-export, import, sell or transfer the Apple Software and Apple
Services except as authorized by United States law, the laws of the jurisdiction in which You
obtained the Apple Software and Apple Services, and any other applicable laws and
regulations. In particular, but without limitation, the Apple Software and Apple Services 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 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 and Apple Services, 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 and Apple Services for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture or production of nuclear, chemical
or biological weapons.

8.5 Government End Users

The Apple Software and Apple Services and 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.

8.6 Dispute Resolution; Governing Law

Any litigation or other dispute resolution between You and Apple arising out of or relating to
this Agreement, the Apple Software and/or Apple Services will take place in the Northern
District of California, and You and Apple hereby consent to the personal jurisdiction of and
exclusive venue in the state and federal courts within that District with respect any such
litigation or dispute resolution. This Agreement will be governed by and construed in
accordance with the laws of the United States and the State of California, except that body
of California law concerning conflicts of law. Notwithstanding the foregoing, the following
shall apply as exceptions to You, but solely to the limited extent that You are entering into
this Agreement for the sole purpose of acting on behalf of Your entity:

A. If You (as an entity entering into this Agreement) are an agency, instrumentality or
department of the federal government of the United States, then this Agreement shall be
governed in accordance with the laws of the United States of America, and in the absence of

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applicable federal law, the laws of the State of California will apply. Further, and
notwithstanding anything to the contrary in this Agreement (including but not limited to
Section 4 (Indemnification)), all claims, demands, complaints and disputes will be subject to
the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and §
1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-
2680), as applicable, or other applicable governing authority;

B. If You (as an entity entering into this Agreement) are a U.S. public and accredited
educational institution, then (a) this Agreement will be governed and construed in
accordance with the laws of the state (within the U.S.) in which Your educational institution
is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation
or other dispute resolution between You and Apple arising out of or relating to this
Agreement, the Apple Software and Apple Services, or Your relationship with Apple will take
place in federal court within the Northern District of California, and You and Apple hereby
consent to the personal jurisdiction of and exclusive venue of such District unless such
consent is expressly prohibited by the laws of the state in which Your educational institution
is domiciled; and

C. If You (as an entity entering into this Agreement) are an international, intergovernmental
organization that has been conferred immunity from the jurisdiction of national courts
through Your intergovernmental charter or agreement, then any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, shall be determined by
arbitration administered by the International Centre for Dispute Resolution in accordance
with its International Arbitration Rules. The place of arbitration shall be London, England;
the language shall be English; and the number of arbitrators shall be three. Upon Apple’s
request, You agree to provide evidence of Your status as an intergovernmental organization
with such privileges and immunities.

This Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.

8.7 Entire Agreement; Governing Language

This Agreement constitutes the entire agreement between the parties with respect to the
use of the Apple Software and Apple Services licensed hereunder and supersedes all prior
understandings regarding such subject matter. Notwithstanding the foregoing, to the extent
that You have entered into the Apple Developer Program License Agreement (DPLA) with
Apple and are validly licensed by Apple to exercise additional rights, or to use additional
features or functionality of the Apple Software or Apple Services under the DPLA, You
acknowledge and agree that the DPLA shall govern Your use of such additional rights and
privileges. No amendment to or modification of this Agreement will be binding unless in
writing and signed by Apple. The parties hereto confirm that they have requested that this
Agreement and all related documents be drafted in English. Les parties ont exigé que le
présent contrat et tous les documents connexes soient rédigés en anglais.

EA1879
06/10/2024

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