THESE TERMS OF USE (“TERMS OF USE”) CONSTITUTE A LEGAL AGREEMENT AND ARE ENTERED INTO BETWEEN APPLE INC. (“APPLE”) AND THE PERSON OR ENTITY ACCESSING OR USING APPLE MAPS (“YOU” OR “YOUR”), AND GOVERN YOUR ACCESS TO OR USE THEREOF INCLUDING ANY DATA, MATERIALS, CONTENT OR OTHER INFORMATION MADE AVAILABLE THEREIN (COLLECTIVELY, THE “SERVICE”). 

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

You certify to Apple and agree that You are of the legal age of majority in the jurisdiction(s) in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into these Terms of Use on Your own behalf, or on behalf of a company, organization, or other entity that You have the right and authority to legally bind to these Terms of Use. You agree to accept and abide by these Terms of Use as presented; changes, additions, or deletions are not agreed to by Apple, and Apple may deny access to the Service for noncompliance with any part of these Terms of Use or for any other reason at Apple’s sole discretion. Apple may take steps that it deems necessary or appropriate to enforce or verify compliance with any part of these Terms of Use and, without liability to you, access, use, preserve or disclose User Content (as defined below) or Your account information to law enforcement authorities, government officials or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if Apple has a good faith belief that such access, use, disclosure or preservation is reasonably necessary to: (i) comply with legal process or request; (ii) enforce this Agreement, including investigation of any potential violation thereof; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv) protect the rights, property or safety of Apple, its users, a third party or the public as required or permitted by law. 

THE ENGLISH LANGUAGE VERSION OF THESE TERMS OF USE SHALL BE THE ORIGINAL, GOVERNING INSTRUMENT AND UNDERSTANDING OF THE PARTIES. IF THESE TERMS OF USE ARE MADE AVAILABLE BY APPLE IN ANY LANGUAGE OTHER THAN ENGLISH, THE ENGLISH LANGUAGE VERSION SHALL GOVERN AND CONTROL IN THE EVENT OF ANY CONFLICT WITH ANY TRANSLATION INTO ANY OTHER LANGUAGE (TO THE EXTENT THIS DOES NOT CONTRADICT MANDATORY PROVISIONS OF APPLICABLE LAW).

In consideration of the foregoing and of the mutual promises and covenants set forth herein, You and Apple (together, the “Parties”) agree as follows:

1.              License Grant and Restrictions

1.1            License Grant to You. Subject to these Terms of Use, Apple grants to You a non-exclusive, revocable, non-sublicensable, and non-transferable right to access and use the Service in any webpage or application (including all source code and features) owned or controlled by You, or that You are authorized to use. You agree to use the Service only as permitted by these Terms of Use or other terms or guidelines provided by Apple. You acknowledge that the Service contains proprietary content, information, and material owned by Apple and its licensors, and protected by applicable intellectual property and other laws. You may not use such proprietary content, information, or materials in any way whatsoever, except as agreed by Apple in writing.

1.2            License Grant to Apple. You may upload, post or otherwise make available photos, ratings or other data or content through Your use of or access to the Service (“User Content”). You hereby grant to Apple, at no charge, a non-exclusive, royalty-free, sublicensable (including multiple tiers), irrevocable, perpetual, worldwide, fully paid-up, transferable right and license to use, store, reproduce, modify, transmit, publish, publicly display, perform, distribute, redistribute, copy, index, translate, make available, create derivative works based upon, and otherwise exploit any User Content within the Service, other Apple products and services, related marketing and promotions, and for internal purposes. Apple may use User Content to provide and improve the Service and other Apple products and services. Before Apple uses any User Content for such purpose, Apple may remove any personally identifiable information and disassociate such User Content from Your Apple ID. You also grant to Apple, at no charge, a perpetual, worldwide, royalty-free, non-exclusive, irrevocable, fully paid-up, transferable, sublicensable (including multiple tiers) right and license to use and exploit in any manner all suggestions, comments, and other forms of feedback regarding the Service or Apple IP, together with all intellectual property rights or other proprietary rights therein, provided by You to Apple (collectively, “Feedback”). Any Feedback You provide to Apple will not be Your Confidential Information. Apple may freely use such Feedback on an unrestricted basis. You are solely liable for any User Content and Feedback, including but not limited to ensuring that You have the necessary permissions and consents to use and provide such User Content and Feedback to Apple. Apple reserves the right at all times to determine whether User Content is appropriate and in compliance with these Terms of Use, and may screen, move, refuse, modify, and remove User Content at any time, without prior notice and in its sole discretion, if it is found to be in violation of these Terms of Use or is otherwise objectionable. You understand and agree that Your use of the Service and any User Content is solely at Your own risk.

1.3            Restrictions. You will not and will not permit or authorize a third party to: (i) attempt to gain unauthorized access to or exploit any portion or feature of the Service; (ii) remove, obscure or alter any copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Service; (iii) create derivative works, copy, or modify any portion of the Service, (iv) use the Service to create or enhance a competing service or product, (v) access or use the Service in any unauthorized manner; (vi) copy, extract, scrape or reutilize any portion of the Service, including, but not limited to, unauthorized bulk downloads of content or data, creation of any databases based upon data or content provided through the Service, or training of any model; (vii) use the Service to transmit any computer viruses, worms, trojan horses or other malware, or by trespass, burdening network capacity, improperly manipulating or falsifying information within the Service, or otherwise interfering with other users’ enjoyment of the Service; (viii) create any code or program that would disable, hack or otherwise interfere with or disrupt the Service or any servers or networks connected to the Service, or any security, verification or authentication mechanisms implemented in or by the Service; (ix) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (x) sell, resell, sublicense, transfer or distribute the Service in any way; (xi) analyze or use the Service in any manner to attempt to derive the identity of any user or device or otherwise attempt to correlate data provided through the Service with any user or device; (xii) use or manipulate any User Content or the Service or any data or content provided through the Service in violation of these Terms of Use or any applicable law or regulation; (xiii) cache, pre-fetch or store any part of the Service in any unauthorized manner; (xiv) decompile, decrypt, reverse engineer, attempt to derive the source code of or disassemble the Service or any portion thereof (except as and only to the extent this restriction is prohibited by applicable law or by licensing terms governing the use of any FOSS components that may be included with the Service); (xv) share, transfer, upload, download, post, transmit, store or otherwise make available any User Content that (a) You do not have permission, right or license to use, (b) infringes on the rights of any third party; (c) includes personal, private or confidential information belonging to others; (d) includes a request for personal information from anyone; (e) impersonates or misrepresents Your affiliation with another person or entity; (f) includes or transmits spam, including, but not limited to, unsolicited advertising, promotional materials or informational announcements; (g) engages in or promotes any illegal, fraudulent or manipulative activity; (h) includes any defamatory, libelous, abusive, vulgar, offensive, derogatory, harmful, unlawful, deceptive, harassing, threatening, hateful, violent, obscene or pornographic content or content that may otherwise be objectionable; or (i) that contains any data, content or other materials that are subject to a license that would impose any obligation or limitation on Apple not expressly set forth in these Terms of Use.

2.              Intellectual Property

2.1            Ownership. Unless otherwise specified herein, as between Apple and You, You retain all rights in any User Content submitted by You, provided that the User Content does not incorporate any Apple intellectual property (“Apple IP”), or any other Apple Confidential Information. Apple retains all right, title and interest in the Apple IP and Apple Confidential Information. All rights not expressly granted hereunder are reserved by Apple. To the extent that You have or obtain any right, title or interest in or to Apple IP, You irrevocably assign all such right, title and interest to Apple without any duty to account or pay royalties to You or any third party. The Service may contain proprietary information and material that is owned by Apple’s licensors or other third parties, and is protected by applicable intellectual property rights and other laws. You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms of Use. 

2.2            Copyrights. All copyrights in and to the Service are owned by Apple or its licensors. 

2.3            Trademarks. Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the U.S. or other countries. You are not granted any right or license with respect to any of the aforesaid trademarks or any use of such trademarks.

3.              Representations and Warranties

You represent, warrant, and agree that: (i) You have full power to enter into and abide by these Terms of Use, and upon Apple’s request, You will immediately demonstrate such power or authorization to Apple’s satisfaction, and understand and acknowledge that Your failure to do so will be deemed a material breach of these Terms of Use; (ii) Your access or use of the Service and submission of Your User Content are and shall remain in full compliance with these Terms of Use and all applicable laws, including but not limited to those of the jurisdiction(s) in which You reside or are located or to which You are subject, and those of each jurisdiction in which Your User Content is displayed; (iii) You hold the necessary rights, authorizations, permissions, and consents to use, transmit, and provide the User Content in connection with the Service and for use by Apple as permitted herein; and (iv) You will remove or request removal by Apple of any User Content if and to the extent You no longer have the necessary rights, authorizations, permissions, or consents required herein; (v) You will not breach or circumvent any security measures of the Service or any connected or related system; (vi) the User Content or the use thereof does not and will not: (a) infringe on any third party’s copyright, patent, trademark, trade secret, or any other intellectual property or proprietary rights; (b) violate any law, statute, ordinance, or regulation, including, without limitation, any privacy laws or regulations or any laws or regulations governing export control and applicable sanctions; (c) be defamatory or trade libelous; (d) be pornographic or obscene; (e) contain malware, spyware, viruses, Trojan horses, worms, time bombs, ransomware, or other similar harmful or deleterious programming routines; or (f) contain any data, content or other materials that are subject to a license that would impose any obligation or limitation on Apple not expressly set forth herein.

4.               Disclaimer of Warranties; Limitation of Liability

4.1            YOU MAY HAVE NON-EXCLUDABLE RIGHTS OR REMEDIES UNDER LAWS IN YOUR JURISDICTION. NOTHING IN THESE TERMS OF USE IS INTENDED TO OR HAS THE EFFECT OF LIMITING, MODIFYING, OR EXCLUDING ANY LIABILITY WHICH CANNOT BE SO LIMITED, MODIFIED OR EXCLUDED BY LAW. ANY AND ALL LIMITATIONS OR EXCLUSIONS OF APPLE’S LIABILITY IN THESE TERMS OF USE SHALL APPLY ONLY TO THE MAXIMUM EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW.

4.2            APPLE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE (OR PARTICULAR SERVICE THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER THE SERVICE IN THEIR ENTIRETY OR IN PART, AT ANY TIME.

4.3            APPLE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICE IS AVAILABLE IN ALL LOCATIONS, AND, TO THE EXTENT THAT THEY ARE AVAILABLE, THAT ALL LANGUAGES USED IN SUCH LOCATIONS WILL BE AVAILABLE, AND APPLE MAKES NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR PERMISSIBLE FOR YOUR USE IN A PARTICULAR LOCATION.

4.4            YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, TITLE, ACCURACY, AND NON-INFRINGEMENT. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE FREE FROM NETWORK FAILURES, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU FURTHER AGREE THAT APPLE HAS NO LIABILITY TO YOU TO THE EXTENT THE SERVICE MAY INCLUDE CONTENT THAT IS DEEMED OFFENSIVE, INDECENT OR OBJECTIONABLE.

4.5            YOU EXPRESSLY AGREE THAT (I) THE SERVICE IS PROVIDED FOR BASIC NAVIGATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED, OR WHERE INACCURATE OR TIME-DELAYED LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE; AND (II) ANY RESULTS YOU RECEIVE FROM THE SERVICE MAY VARY FROM ACTUAL ROAD, TERRAIN, CYCLING OR PEDESTRIAN PATHS DUE TO FACTORS LIKE WEATHER, ROAD CONDITIONS, TRAFFIC, AND GEOPOLITICAL EVENTS THAT CAN AFFECT ACCURACY. FOR YOUR SAFETY, USE YOUR INDEPENDENT JUDGMENT AND ALWAYS PAY ATTENTION TO POSTED SIGNS AND CURRENT ROUTE CONDITIONS. FOLLOW SAFE PRACTICES AND LOCAL TRAFFIC REGULATIONS.

4.6            TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (I) THE USE OR INABILTY TO USE THE SERVICE, (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE, FEATURE OR FUNCTIONALITY, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL APPLE’S TOTAL LIABILITY TO YOU UNDER THESE TERMS OF USE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED UNDER 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.

5.              Indemnity

BY USING THE SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WILL INDEMNIFY ON DEMAND AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, AND SUBLICENSEES HARMLESS WITH RESPECT TO ANY CLAIMS OR DEMANDS, INVESTIGATIONS, FINES, LOSSES, LIABILITIES, EXPENSES, COSTS, FEES, INCLUDING REASONABLE ATTORNEYS FEES, RELATING TO OR ARISING FROM: (A) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT MADE BY YOU HEREIN; (B) YOUR USE OF THE SERVICE; (C) ANY USER CONTENT THAT YOU SUBMIT, TRANSMIT OR OTHERWISE PROVIDE TO APPLE; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. FOR PURPOSES OF CLARIFICATION, AS BETWEEN YOU AND APPLE, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR ACTS OR OMISSIONS AND FOR ANY USER CONTENT OR OTHER DATA OR CONTENT THAT YOU PROVIDE TO APPLE.

6.              Personal Data Privacy and Security

All data processing by Apple in connection with the Service will be done in accordance with its publicly posted Privacy Policy, available at apple.com/privacy. If at any time You determine that any feature or functionality of the Service allows You to collect personally identifiable information (“Personal Data”), You will: (i) notify Apple immediately in writing; (ii) maintain strict confidentiality and security measures to protect the Personal Data; (iii) not disclose any Personal Data to any other party; (iv) notify Apple immediately if there is any potential or actual breach of security involving the Personal Data; and (v) comply with all applicable laws, regulations, and international accords or treaties pertaining to Personal Data, including as applicable to transfers of Personal Data from any jurisdiction to any other jurisdiction. By using the Service, You acknowledge and agree that Apple may use information about Your use of the Service in connection with the Service for the purpose of providing, evaluating, modifying, or improving the Service and other location-based products and services, and for communicating with You about the Service. You also acknowledge and agree that Apple may collect and use data related to user activities in connection with the Service. This data is used for providing, analyzing, reporting, and enhancing the Service and other location-based products and services. All data collected by Apple in connection with the Service will be processed and used in accordance with its publicly posted Privacy Policy, available at apple.com/privacy.

7.             Termination or Suspension

Apple may terminate or suspend the Service at any time with or without notice or cause. Upon any expiration or termination of the Service: (i) all rights, licenses, consents, and authorizations granted by either Party to the other hereunder will immediately terminate except for the licenses granted by You to Apple herein which will survive any expiration or termination of these Terms of Use; and (ii) You will cease all use of the Service. THE RIGHTS AND OBLIGATIONS SET FORTH IN SECTIONS 1.2, 1.3, AND 2 THROUGH 12 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS OF USE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, APPLE MAY, IN ITS SOLE DISCRETION, DIRECTLY OR INDIRECTLY, IMMEDIATELY AND WITHOUT ADVANCE NOTICE SUSPEND, TERMINATE OR OTHERWISE DENY YOUR ACCESS TO OR USE OF ALL OR ANY PART OF THE SERVICE, AND APPLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHTS. This Section 7 does not limit any of Apple’s other rights or remedies, whether at law, in equity, or under these Terms of Use.

8.             Modification or Amendment

Apple reserves the right, at any time in its sole discretion, to modify or amend these Terms of Use. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use. You acknowledge and agree that regularly reviewing these Terms of Use is Your responsibility. IF YOU DO NOT AGREE TO ANY MODIFICATION TO THE TERMS OF USE, YOU WILL IMMEDIATELY STOP ALL ACCESS TO AND USE OF THE SERVICE. YOUR CONTINUED USE OF THE SERVICE AFTER ANY MODIFICATION TO THE TERMS OF USE WILL BE DEEMED AS YOUR ACCEPTANCE OF THE TERMS OF USE AS MODIFIED. Apple may also modify the Service, including but not limited to, updating or discontinuing any feature provided therein.

9.             Governing Law

YOU EXPRESSLY AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAW RULES, GOVERN THESE TERMS OF USE AND YOUR USE OF THE SERVICE, AND THAT THE EXCLUSIVE JURISDICTION FOR ANY PROCEEDING RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE THE NORTHERN DISTRICT OF CALIFORNIA. YOU HEREBY WAIVE THE RIGHT TO OBJECT TO THE FOREGOING CHOICE OF LAW, PERSONAL JURISDICTION OR VENUE. YOU FURTHER 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 (I) YOU ARE NOT A U.S. CITIZEN; (II) YOU DO NOT RESIDE IN THE U.S.; (III) YOU ARE NOT ACCESSING THE SERVICE FROM THE U.S.; AND (IV) 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 THE UNITED KINGDOM, SWITZERLAND, NORWAY OR ICELAND, THE GOVERNING LAW AND FORUM SHALL BE THE LAWS AND COURTS OF YOUR USUAL PLACE OF RESIDENCE.

IF YOU ARE A CITIZEN OF JAPAN, THE GOVERNING LAW SHALL BE JAPANESE LAW AND THE FORUM SHALL BE TOKYO, JAPAN.

SPECIFICALLY EXCLUDED FROM APPLICATION TO THIS AGREEMENT IS THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

10.          Compliance

You agree that the Service may not be used: (a) in any U.S. embargoed countries; or (b) by anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List or any other restricted party lists. By agreeing to these Terms of Use, 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 the Service for any purposes prohibited by applicable law in the United States or other territories, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons.

11.          Third Party Materials

The Service may display, include or make available information or services from third parties or provide links to certain third-party websites (collectively, “Third-Party Materials”). Apple makes no representation that the Service or Third-Party Materials are appropriate, accurate or available for use in any particular location. To the extent You choose to use or access Third-Party Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, regulations, terms or other requirements. Apple does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials, or for any other materials, products or services of third parties. The Service and Third-Party Materials may not be available in all languages or in all countries or regions. 

12.          Miscellaneous

These Terms of Use constitute the entire agreement between You and Apple and govern Your use of the Service. You may not assign these Terms of Use, including, without limitation, by operation of law or merger, without Apple’s prior written approval, and any attempt to assign these Terms of Use without such prior written approval is void. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining portions shall remain in full force and effect. Apple’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. These Terms of Use are not to the benefit of any third parties. The conjunction “or” will be understood in its inclusive sense (and/or).

Last Updated: July 24, 2024