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.; 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.