PLATFORM LICENSE AGREEMENT
ADDITIONAL MOBILE APPLICATION TERMS
- The following additional terms and conditions apply with respect to any Mobile App designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that this Agreement is between You and Parkoursc only, and not with Apple, Inc. (“Apple”).
- Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
- Parkoursc, and not Apple, is solely responsible for the iOS App and the IoT Services and content available thereon. You acknowledge 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.
- You agree that Parkoursc, and not Apple, is responsible for addressing any claims by You or any third-party relating to the iOS App or Your possession and/or use of the iOS App, including, but not limited to:
- product liability claims
- any claim that the iOS App fails to conform to any applicable legal or regulatory requirement
- claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to Parkoursc as provider of the iOS App
- You agree that Parkoursc, 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 Your possession and use of the iOS App.
- You represent and warrant that:
- You are 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
- You are not listed on any U.S. Government list of prohibited or restricted parties
- You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to Your license of the iOS App. Upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
- The following additional terms and conditions apply with respect to any Mobile App designed for use on an Android-powered mobile device (an “Android App”):
- (a) You acknowledge that this Agreement is between You and Parkoursc only, and not with Google, Inc. (“Google”).
- (b) Your use of Android App must comply with Google’s then-current Android Market Terms of Service.
- (c) Google is only a provider of the Android Market where You obtained the Android App. Parkoursc, and not Google, is solely responsible for Android App and the IoT Services and content available thereon. Google has no obligation or liability to You with respect to Android App or this Agreement.
- (d) You acknowledge and agree that Google is a third-party beneficiary to the Agreement as they relate to Android App.
- Geo-Location Terms