The following additional terms and conditions apply with respect to the Mobile Application that the onlypult.com Service (hereinafter referred to as Onlypult) provides for use on an Apple iOS-powered mobile device (an “iOS App”):
Licensee acknowledges that this Agreement is between Licensee and Onlypult only, and not with Apple, Inc. (“Apple”).
Licensee’s use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
Onlypult and not Apple is solely responsible for the iOS App and the Services and content available thereon. Licensee acknowledges that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
Licensee agrees that Onlypult, and not Apple, is responsible for addressing any claims by Licensee or any third-party relating to the iOS App or Licensee’s possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
Licensee agrees that Onlypult, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or Licensee possession and use of the iOS App.
Licensee agrees to comply with all applicable third-party terms of agreement when using the iOS App (e.g., the user of the iOS App must not be in violation of its wireless data service terms of agreement when using the iOS App).
Licensee represents and warrants that (i) Licensee is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Subscriber is not listed on any U.S. Government list of prohibited or restricted parties.
Licensee agrees that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to the license of the iOS App. Upon Licensee’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Licensee as they relate to the license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions are applied with respect to any Mobile Application that the onlypult.com Service (hereinafter referred to as Onlypult) provides to be used on an Android-powered mobile device (“Android App”):
The Licensee acknowledges that this Agreement is made solely between the Licensee and Onlypult, and not with Google, Inc. (“Google”).
The use of the Android App by the Licensee shall comply with the then-current Google Android Market Terms of Service.
Google is the sole provider of the Android Market where the Licensee has obtained the Android App. Onlypult, and not Google, is solely responsible for the Android App and the content available thereon. Google has no obligation or liability to the Licensee with respect to the Android App or this Agreement.
The Licensee acknowledges and agrees that Google is a third-party beneficiary to this Agreement as it relates to the Android App.