The provisions of this Section apply solely if the User has downloaded the Application from the App Store operated by Apple Inc. ('Licensed Application'). These provisions supplement the other provisions of these GTC with respect to this copy of the Application and do not apply to the standalone use of the web version of the Application.
The User and the Provider acknowledge that, under these GTC, the legal relationship is established solely between the User and the Provider, and not with Apple Inc. ('Apple'). The Provider, and not Apple, is solely responsible for the Licensed Application and its content. These GTC may not impose any usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions in effect at the relevant time, which the User has had the opportunity to review.
The right of use for the Licensed Application is a non-transferable right that may be exercised on Apple-branded products (devices) owned or controlled by the User, within the framework of the usage rules set out in the Apple Media Services Terms and Conditions, with the proviso that the Licensed Application may also be used by other accounts associated with the purchaser through Family Sharing. The User acknowledges, however, that the Subscription may not be used through Family Sharing; Family Sharing applies solely to the download of the Application.
The Provider is solely responsible for the maintenance and support of the Licensed Application. The User and the Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Except where warranty is excluded to the extent permitted by law, the Provider is solely responsible for any warranty relating to the Licensed Application. If the Licensed Application fails to conform to the applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Licensed Application to the User; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application.
The User and the Provider acknowledge that the Provider, and not Apple, is solely responsible for addressing any claim relating to the Licensed Application.
In the event of a third-party claim that the Licensed Application or the User's possession and use thereof infringes the intellectual property rights of a third party, the Provider, and not Apple, is solely responsible for the investigation, defense, settlement and discharge of such claim.
The User declares and warrants that he or she 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 that he or she is not on any U.S. Government list of prohibited or restricted parties.
When using the Licensed Application, the User is obliged to comply with the terms of the agreements concluded with third parties that are necessary for the use of the Application (in particular the contract concluded with his or her internet service provider).
The User and the Provider acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the provisions of these GTC relating to the Licensed Application, and that, upon the User's acceptance of these GTC, Apple will have the right (and will be deemed to have accepted the right) to enforce these GTC against the User as a third-party beneficiary.
Questions, complaints or claims relating to the Licensed Application may be addressed to the Provider at the contact details set out in Section 1 of these GTC.