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"SDK" (Software Development Kit) means the Documentation, software (source code and objectcode), applications, sample code, simulator, tools, libraries, APIs, data, files, and materialsprovided by Apple for use by You in connection with Your Application development, and includesany Updates that may be provided by Apple to You pursuant to this Agreement."Term" means the period described in Section 12."Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, andnew releases or versions of the Apple Software, or to any part of the Apple Software."You", "Your" and "Licensee" means and refers to the person(s) or legal entity using the AppleSoftware or otherwise exercising rights under this Agreement. If You are entering into thisAgreement on behalf of Your company, organization or educational institution, "You" or "Your"refers to your company, organization or educational institution as well.2.Internal Use License and Restrictions2.1Permitted Uses and RestrictionsSubject to the terms and conditions of this Agreement, Apple hereby grants You during the Term,a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to:(a) Install a reasonable number of copies of the SDK portion of the Apple Software on Applebranded computers owned or controlled by You, to be used internally by You or Your AuthorizedDevelopers for the sole purpose of developing or testing Applications;(b) Make and distribute a reasonable number of copies of the Documentation to AuthorizedDevelopers for their internal use only and for the sole purpose of developing or testingApplications;(c) Install one (1) copy of the Apple OS and a Provisioning Profile on each of Your AuthorizedTest Devices, up to the number of Authorized Test Devices that You have registered andacquired licenses for, to be used internally by You or Your Authorized Developers for the solepurpose of developing and testing Your Applications; and(d) Install a Provisioning Profile on each of Your Registered Devices, up to the limited number ofRegistered Devices that You have registered and acquired licenses for, for the sole purpose ofenabling the distribution and use of Your Applications on such Registered Devices.Apple reserves the right to set the limited number of ¡Phone and iPod touch devices that eachLicensee may register with Apple and obtain licenses for under this Program (a "Block ofRegistered Device Licenses"), as specified on the Program web portal. For the purposes oflimited distribution on Registered Devices under Section 7.2, each company, organization,educational institution or affiliated group may only acquire one (1) Block of Registered DeviceLicenses per company, organization, educational institution or group, unless otherwise agreed inwriting by Apple. You therefore agree not to knowingly acquire, or to cause others to acquire,more than one Block of Registered Device Licenses for the same company, organization,educational institution or group.2.2Authorized Test DevicesAs long as an Authorized Test Device contains any pre-release versions of the Apple Software oruses pre-release versions of services, You agree to restrict access to such Authorized TestDevice to Your Authorized Developers and to not disclose, show, rent, lease, lend, sell orotherwise transfer such Authorized Test Device to any third party. You further agree to takereasonable precautions to safeguard, and to instruct Your Authorized Developers to safeguard,all Authorized Test Devices from loss or theft.Program AgreementPage 4

You acknowledge that by installing any pre-release Apple Software or using any prerelease services on Your Authorized Test Devices, these Devices may be "locked" intotesting mode and may not be capable of being restored to their original condition. Any useof any pre-release Apple Software or pre-release services are for evaluation and developmentpurposes only, and You should not use any pre-release Apple Software or pre-release services ina commercial operating environment or with important data. You should back up any data prior tousing the pre-release Apple Software or pre-release services. Apple shall not be responsible forany costs, expenses or other liabilities You may incur as a result of provisioning Your AuthorizedTest Devices and Registered Devices, Your Application development or the installation or use ofthis Apple Software, including but not limited to any damage to any equipment, software or data.2.3Confidential Nature of Pre-Release Apple SoftwareFrom time to time during the Term, Apple may provide You with pre-release versions of the AppleSoftware or related services that constitute Apple Confidential Information and are subject to theconfidentiality obligations of this Agreement. Such pre-release Apple Software and relatedservices should not be relied upon to perform in the same manner as a final-release commercialgrade product, nor should it be used with data that is not sufficiently and regularly backed up, andmay include features, functionality or APIs for services that are not yet available.2.4CopiesYou agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietarynotices (as they appear in the Apple Software and related services and Documentation provided)in all copies of the Apple Software and Documentation that You are permitted to make under thisAgreement.2.5OwnershipApple retains all rights, title, and interest in and to the Apple Software and any Updates it maymake available to You under this Agreement. You agree to cooperate with Apple to maintainApple's ownership of the Apple Software, and, to the extent that You become aware of any claimsrelating to the Apple Software, You agree to use reasonable efforts to promptly provide notice ofany such claims to Apple. The parties acknowledge that this Agreement does not give Apple anyownership interest in Your Applications.2.6No Other Permitted UsesExcept as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to orhost on any website or server, sell, redistribute, or sublicense the Apple Software or any services,in whole or in part, or to enable others to do so. You may not use the Apple Software or anyservices provided hereunder for any purpose not expressly permitted by this Agreement. Youagree not to install, use or run the SDK on any non-Apple-branded computer, not to install, use orrun the Apple OS and Provisioning Profiles on or in connection with devices other than Applebranded iPhone and iPod touch devices, or to enable others to do so. You may not and Youagree 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 any services provided by the Apple Softwareor otherwise provided hereunder, or any part thereof (except as and only to the extent anyforegoing restriction is prohibited by applicable law or to the extent as may be permitted bylicensing terms governing use of open-sourced components or sample code included with theApple Software). You agree not to exploit any services provided hereunder in any unauthorizedway whatsoever, including but not limited to, by trespass or burdening network capacity. Anyattempt to do so is a violation of the rights of Apple and its licensors of the Apple Software orservices. If You breach any of the foregoing restrictions, You may be subject to prosecution anddamages. All licenses not expressly granted in this Agreement are reserved and no otherlicenses, immunity or rights, express or implied are granted by Apple, by implication, estoppel, orotherwise. This Agreement does not grant You any rights to use any trademarks, logos or servicemarks belonging to Apple, including but not limited to the iPhone or iPod word marks. If YouProgram AgreementPage 5

make reference to any Apple products or technology or use Apple's trademarks, You agree tocomply with the published guidelines or3rdparties.html. as modified by Apple fromtime to time.2.7Updates; No Support or MaintenanceApple may extend, enhance, or otherwise modify the Apple Software or services providedhereunder at any time without notice, but Apple shall not be obligated to provide You with anyUpdates to the Apple Software. If Updates are made available by Apple, the terms of thisAgreement will govern such Updates, unless the Update is accompanied by a separate license inwhich case the terms of that license will govern. Apple is not obligated to provide anymaintenance, technical or other support for the Apple Software or services. You acknowledgethat Apple has no express or implied obligation to announce or make available any Updates tothe Apple Software or to any services to anyone in the future. Should an Update be madeavailable, it may have APIs, features, services or functionality that are different from those foundin the Apple Software licensed hereunder or the services provided hereunder.3.Your Obligations3.1GeneralYou certify to Apple and agree that:(a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years ofage in many countries) and have the right and authority to enter into this Agreement on Your ownbehalf, or if You are entering into this Agreement on behalf of Your company, organization oreducational institution, that You have the right and authority to legally bind Your company,organization or educational institution to the terms and obligations of this Agreement;(b) All information provided to Apple by You, including without limitation Licensed ApplicationInformation, will be current, true, accurate and complete and You will promptly notify Apple of anychanges to such information;(c) You will comply with the terms of and fulfill Your obligations under this Agreement and Youagree to monitor and be responsible for Your Authorized Developers' use of the Apple Softwareand services and Authorized Test Devices and their compliance with the terms of this Agreement;(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, andactivities undertaken by You and Authorized Developers in connection with the Apple Softwareand services, the Registered Devices, Your Applications and Your related development anddistribution efforts, including, but not limited to, any related development efforts, network andserver equipment, Internet service(s), or any other hardware, software or services used by You inconnection with Your use of any services;(e) For the purposes of Schedule 1(if applicable), You represent and warrant that You own orcontrol the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwideagent for the delivery of Your Licensed Applications, and that the fulfillment of such appointmentby Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party; and(f) You will not act in any manner which conflicts or interferes with any existing commitment orobligation You may have and no agreement previously entered into by You will interfere with Yourperformance of Your obligations under this Agreement.3.2Use of the Apple SoftwareAs a condition to using the Apple Software and any services, You agree that:(a) You will only use the Apple Software and any services for the purposes and in the mannerexpressly permitted by this Agreement and in accordance with all applicable laws andregulations;(b) You will not use the Apple Software or any services for any unlawful or illegal activity, nor todevelop any Application which would commit or facilitate the commission of a crime, or othertortious, unlawful or illegal act;(c) Your Application will be developed in compliance with the Documentation and the ProgramRequirements, the current set of which is set forth in Section 3.3 below;Program AgreementPage 6

(d) To the best of Your knowledge and belief, Your Application and Licensed ApplicationInformation do not and will not violate, misappropriate, or infringe any Apple or third partycopyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietaryor legal rights (e.g. musical composition or performance rights, video rights, photography orimage rights, logo rights, third party data rights, etc. for content and materials that may beincluded in Your Application);(e) You will not, through use of the Apple Software, services or otherwise, create any Applicationor other program that would disable, hack or otherwise interfere with the Security Solution, or anysecurity, digital signing, digital rights management, verification or authentication mechanismsimplemented in or by the iPhone operating system software, iPod touch operating systemsoftware, this Apple Software, any services or other Apple software or technology, or enableothers to do so; and(f) Applications developed using the Apple Software may only be distributed if selected by Apple(in its sole discretion) for distribution via the App Store or for limited distribution on RegisteredDevices (ad hoc distribution) as contemplated in this Agreement.3.3Program Requirements for ApplicationsAny Application developed using this Apple Software must meet all of the following criteria andrequirements, as they may be modified by Apple from time to time:APIs and Functionality:3.3.1Applications may only use Documented APIs in the manner prescribed by Appleand must not use or call any private APIs.3.3.2An Application may not itself install or launch other executable code by anymeans, including without limitation through the use of a plug-in architecture, calling otherframeworks, other APIs or otherwise. No interpreted code may be downloaded or used in anApplication except for code that is interpreted and run by Apple's Documented APIs and builtin interpreter(s).3.3.3Without Apple's prior written approval or as permitted under Section 3.3.17, anApplication may not provide, unlock or enable additional features or functionality throughdistribution mechanisms other than the App Store.3.3.4An Application may only read data from or write data to an Application'sdesignated container area on the device, except as otherwise specified by Apple.User Interface and Data:3.3.5Applications must comply with the Human Interface Guidelines and otherDocumentation provided by Apple.3.3.6Any form of user or device data collection, or image, picture or voice capture orrecording performed by the Application (collectively "Recordings"), and any form of user data,content or information processing, maintenance, uploading, syncing, or transmissionperformed by the Application (collectively "Transmissions") must comply with all applicableprivacy laws and regulations as well as any Apple program requirements related to suchaspects, including but not limited to any notice or consent requirements. In particular, areasonably conspicuous audio, visual or other indicator must be displayed to the user as partof the Application to indicate that a Recording is taking place.Local Laws, User Privacy, Location Services and Mapping:3.3.7Applications must comply with all applicable criminal, civil and statutory laws andregulations, including those in any jurisdictions in which Your Applications may be delivered.Program AgreementPage 7

In addition, for Applications that use location-based APIs or that collect, transmit, maintain,process, share, disclose or otherwise use a user's personal information or data:- You and the Application must comply with all applicable privacy and data collection lawsand regulations with respect to any collection, transmission, maintenance, processing, use,etc. of the user's location data or personal information by the Application.- Applications may not be designed or marketed for the purpose of harassing, abusing,stalking, threatening or otherwise violating the legal rights (such as the rights of privacy andpublicity) of others.- Applications may not perform any functions or link to any content or use any robot, spider,site search or other retrieval application or device to scrape, retrieve or index servicesprovided by Apple or its licensors, or to collect, disseminate or use information about usersfor any unauthorized purpose.3.3.8For Applications that use location-based APIs, such Applications may not bedesigned or marketed for automatic or autonomous control of vehicles, aircraft, or othermechanical devices; dispatch or fleet management; or emergency or life-saving purposes. Inaddition:- Applications that offer location-based services or functionality must notify and obtainconsent from an individual before his or her location data is being collected, transmitted orotherwise used by the Application.3.3.9For Applications that use location-based APIs for real-time route guidance(including, but not limited to, turn-by-turn route guidance and other routing that is enabledthrough the use of a sensor), You must place the following notice in Your end user licenseagreement: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS ATYOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.3.3.10Applications must not disable, override or otherwise interfere with any Appleimplemented system alerts, warnings, display panels, consent panels and the like, including,but not limited to, those that are intended to notify the user that the user's location data isbeing collected, transmitted, maintained, processed or used, or intended to obtain consent forsuch use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain,process or utilize the user's location data or perform any other actions for which the user'sconsent has been denied or withdrawn.3.3.11If Your Application accesses the Google Mobile Maps (GMM) service through theMaps API, use of the GMM Service is subject to Google's Terms of Service which will be setforth at: . If You do not accept suchGoogle Terms of Service, including, but not limited to all limitations and restrictions therein,You may not use the GMM service in Your Application. You acknowledge and agree that useof the GMM Service in Your Application will constitute Your acceptance of such Terms ofService. (If the terms are not yet available when You first access the url, they will be comingsoon, and Your Application may not access the GMM service through the Maps API unlessthe Google Terms of Service are available at such url and accepted by You.)Content and Materials:3.3.12Any master recordings and musical compositions embodied in Your Applicationmust be wholly-owned by You or licensed to You on a fully paid-up basis and in a mannerthat will not require the payment of any fees, royalties and/or sums by Apple to You or anythird party. In addition, if Your Application will be distributed outside of the United States, anymaster recordings and musical compositions embodied in Your Application (a) must not fallProgram AgreementPage 8

within the repertoire of any mechanical or performing/communication rights collecting orlicensing organization now or in the future and (b) if licensed, must be exclusively licensed toYou for Your Application by each applicable copyright owner.3.3.13If Your Application includes or will include any other content, You must eitherown all such content or have permission from the content owner to use it in Your Application.3.3.14Applications must not contain any obscene, pornographic, offensive ordefamatory content or materials of any kind (text, graphics, images, photographs, etc.), orother content or materials that in Apple's reasonable judgment may be found objectionable byiPhone or iPod touch users.3.3.15Applications must not contain any malware, malicious or harmful code, program,or other internal component (e.g. computer viruses, trojan horses, "backdoors") which coulddamage, destroy, or adversely affect other software, firmware, hardware, data, systems,services, or networks.3.3.16If Your Application includes any FOSS, You agree to comply with all applicableFOSS licensing terms. You also agree not to use any FOSS in the development of YourApplication in such a way that would cause the non-FOSS portions of the Apple Software tobe subject to any FOSS licensing terms or obligations.In App Purchase API:3.3.17Only Paid Applications (which require You to enter into a separate agreementwith Apple (Schedu

Mar 02, 2010 · (as defined below fo) r the iPhone and ¡Pod touch. Apple is willing to grant You a limited license to use the Apple Softwar teo develop and test Your Applications on the terms and condition ses t forth in this Agreement. Applications develope unded thir s Agree