THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE
TERMS THAT GOVERN YOUR PARTICIPATION AS AN APPLE DEVELOPER. PLEASE READ THIS
APPLE DEVELOPER AGREEMENT (“AGREEMENT”) BEFORE PRESSING THE "AGREE" BUTTON
AT THE BOTTOM OF THIS PAGE. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND
BY THE TERMS OF THIS AGREEMENT.
Apple Developer Agreement
1. Relationship With Apple; Apple Account and Password.
You understand and agree that by
registering with Apple to become an Apple Developer (“
Apple Developer
”), no legal partnership or
agency relationship is created between you and Apple. You agree not to represent otherwise. You also
certify that you are at least thirteen years of age and you represent that you are legally permitted to
register as an Apple Developer. This Agreement is void where prohibited by law and the right to register
as an Apple Developer is not granted in such jurisdictions. Unless otherwise agreed or permitted by Apple
in writing, you cannot share or transfer any benefits you receive from Apple in connection with being an
Apple Developer. The Apple Account and password you use to log into your Apple Developer account
cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of
your Apple Account and password and for any activity in connection with your account.
2. Developer Benefits.
As an Apple Developer, you may have the opportunity to attend certain Apple
developer conferences, technical talks, and other events (including online or electronic broadcasts of
such events) (“
Apple Events
”). In addition, Apple may offer to provide you with certain services
(“
Services
”), as described more fully herein and on the Apple Developer web pages (“
Site
”), solely for
your own use in connection with your participation as an Apple Developer. Services may include, but not
be limited to, any services Apple offers at Apple Events or on the Site as well as the offering of any
content or materials displayed on the Site (“
Content
”). Apple may provide you the ability to share
information to create a profile to enhance your developer experience and to provide you with more
relevant content and communications based on your interests (a “
Developer Profile
”). By creating a
Developer Profile, You certify that you are of the legal age of majority in the jurisdiction in which you
reside (at least 18 years of age in many countries or regions) and You represent that You are legally
permitted to create a Developer Profile. Apple may change, suspend or discontinue providing the
Services, Site and Content to you at any time, and may impose limits on certain features and materials
offered or restrict your access to parts or all of such materials without notice or liability.
3. Restrictions
. You agree not to exploit the Site, or any Services, Apple Events or Content provided to
you by Apple as an Apple Developer, in any unauthorized way, including but not limited to, by trespass,
burdening network capacity or using the Services, Site or Content other than for authorized purposes.
Copyright and other intellectual property laws protect the Site and Content provided to you, and you
agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless
expressly permitted herein or otherwise permitted in a separate agreement with Apple, you may not
modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce,
create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site,
Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the
source code of any software or security components of the Services, Site, or Content (except as and only
to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted
by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate,
tamper with, or circumvent the security of any computer network, software, passwords, encryption codes,
technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable
others to do so, is expressly prohibited. Apple retains ownership of all its rights in the Site, Content, Apple
Events and Services, and except as expressly set forth herein, no other rights or licenses are granted or
to be implied under any Apple intellectual property.
4. Confidentiality.
Except as otherwise set forth herein, you agree that all pre-release versions of Apple
software, services, and/or hardware (including related documentation and materials) provided to you as
an Apple Developer (“
Pre-Release Materials
”) and any information disclosed by Apple to you in
connection with Apple Events will be considered and referred to as “
Apple Confidential Information
”
and are subject to the confidentiality obligations of this Agreement.
Notwithstanding the foregoing, Apple Confidential Information will not include: (a) information that is
generally and legitimately available to the public through no fault or breach of yours; (b) information that is
generally made available to the public by Apple; (c) information that is independently developed by you
without the use of any Apple Confidential Information; (d) information that was rightfully obtained from a
third party who had the right to transfer or disclose it to you without limitation; or (e) any third party
software and/or documentation provided to you by Apple and accompanied by licensing terms that do not
impose confidentiality obligations on the use or disclosure of such software and/or documentation.
Further, Apple agrees that you will not be bound by the foregoing confidentiality terms with regard to
technical information about Apple pre-release software, services and/or hardware disclosed by Apple at
WWDC (Apple’s Worldwide Developers Conference), except that you may not post screen shots of, write
public reviews of, or redistribute any such materials.
5. Nondisclosure and Nonuse of Apple Confidential Information
. Unless otherwise expressly agreed
or permitted in writing by Apple, you agree not to disclose, publish, or disseminate any Apple Confidential
Information to anyone other than to other Apple Developers who are employees and contractors working
for the same entity as you and then only to the extent that Apple does not otherwise prohibit such
disclosure. Except for your authorized purposes as an Apple Developer or as otherwise expressly agreed
or permitted by Apple in writing, you agree not to use Apple Confidential Information in any way,
including, without limitation, for your own or any third party’s benefit without the prior written approval of
an authorized representative of Apple in each instance. You further agree to take reasonable precautions
to prevent any unauthorized use, disclosure, publication, or dissemination of Apple Confidential
Information. You acknowledge that unauthorized disclosure or use of Apple Confidential Information could
cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, you
agree that Apple will have the right to seek immediate injunctive relief to enforce your obligations under
this Agreement in addition to any other rights and remedies it may have. If you are required by law,
regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Apple
Confidential Information, you may make such disclosure, but only if you have notified Apple before
making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek
confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will
not relieve you of your obligations to hold such information as Apple Confidential Information.
6. Confidential Pre-Release Materials.
A. License and Restrictions.
If Apple provides you with Pre-Release Materials, then subject to your
compliance with the terms and conditions of this Agreement, Apple hereby grants you a nonexclusive,
nontransferable, right and license to use the Pre-Release Materials only for the limited purposes set forth
in this Section 6; provided however that if such Pre-Release Materials are subject to a separate license
agreement, you agree that the license agreement accompanying such materials in addition to Sections 4
and 5 of this Agreement shall also govern your use of the Pre-Release Materials. You further agree that
in the event of any inconsistency between Section 4 and 5 of this Agreement and the confidentiality
restrictions in the license agreement, the license agreement shall govern. You agree not to use the Pre-
Release Materials for any purpose other than testing and/or development by you of a product designed to
operate in combination with the same operating system for which the Pre-Release Materials are
designed. This Agreement does not grant you any right or license to incorporate or make use of any
Apple intellectual property (including for example and without limitation, trade secrets, patents, copyrights,
trademarks and industrial designs) in any product. Except as expressly set forth herein, no other rights or
licenses are granted or to be implied under any Apple intellectual property. You agree not to decompile,
reverse engineer, disassemble, or otherwise reduce the Pre-Release Materials to a human-perceivable
form, and you will not modify, network, rent, lease, transmit, sell, or loan the Pre-Release Materials in
whole or in part.
B.
Permitted Age for Accessing Pre-Release Materials.
By accessing Pre-Release Materials, You
certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of
age in many countries or regions) and You represent that You are legally permitted to access these Pre-
Release Materials. This Agreement is void where prohibited by law and the right to access Pre-Release
Materials is not granted in such jurisdictions. If You are the parent or legal guardian of individuals
between the ages of 13 and the legal age of majority in the jurisdiction in which you reside, You may
allow such individuals to share your Apple Account and password for their use in connection with
accessing Pre-Release Materials solely under Your supervision and only in accordance with this
Agreement. You are responsible for such individuals’ compliance with and violations of this Agreement
and any other Apple agreements.
C. Performance of Pre-Release Materials.
Pre-Release Materials should not be relied upon to perform
in the same manner as a final-release, commercial-grade product, nor used with data that is not
sufficiently and regularly backed up, and may include features, functionality or other software or services
that are not yet available. You acknowledge that Apple may not have publicly announced the availability
of such Pre-Release Materials, that Apple has not promised or guaranteed to you that such Pre-Release
Materials will be announced or made available to anyone in the future, and that Apple has no express or
implied obligation to you to announce or commercially introduce such software or services or any similar
or compatible technology. You expressly acknowledge and agree that any research or development that
you perform with respect to Pre-Release Materials is done entirely at your own risk.
D. Additional Pre-Release Materials.
From time to time, Apple may provide access to additional Pre-
Release Materials for you to use as an end-user for evaluation purposes. Some of these may be subject
to separate terms and conditions in addition to this Agreement, in which case your usage will also be
subject to those terms and conditions. Such Pre-Release Materials may not be available in all languages
or in all countries or regions, and Apple makes no representation that they will be appropriate or available
for use in any particular location. To the extent you choose to access such Pre-Release Materials, you
do so at your own initiative and are responsible for compliance with any applicable laws, including but not
limited to applicable local laws. You acknowledge that Apple will not have any liability or responsibility to
you or any other person (including to any end-user) for any third-party services or for any Apple
services. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any
services at any time. In no event will Apple be liable for the removal or disabling of access to any such
services. Further, upon any commercial release of such Pre-Release Materials, or earlier if requested by
Apple, you agree to cease all use of the Pre-Release Materials provided to you as an end-user for
evaluation purposes under this Agreement.
E. Consent to Collection and Use of Data.
In order to test, provide and improve Apple’s products and
services, and only if you choose to install or use Pre-Release Materials provided as part of the developer
seeding process, you acknowledge that Apple and its subsidiaries and agents may be collecting
diagnostic, technical, usage and related information from Pre-Release Materials. Apple will notify you
about the collection of such information on the Apple Developer portal, and you should carefully review
the release notes and other information disclosed by Apple in such location prior to choosing whether or
not to install or use any such Pre-Release Materials. By installing or using such Pre-Release Materials,
You acknowledge and agree that Apple and its subsidiaries and agents have your permission to collect
any and all such information and use it as set forth above.
7. Developer Content License and Restrictions.
As an Apple Developer, you may have access to
certain proprietary content (including, without limitation, video presentations and audio recordings) that
Apple may make available to you from time to time (“
Content
”). Content shall be considered Apple
Confidential Information, unless otherwise agreed or permitted in writing by Apple. You may not share the
Content with anyone, including, without limitation, employees and contractors working for the same entity
as you, regardless of whether they are Apple Developers, unless otherwise expressly permitted by Apple.
Subject to these terms and conditions, Apple grants you a personal and nontransferable license to access
and use the Content for authorized purposes as an Apple Developer; provided that you may only
download one (1) copy of the Content and such download must be completed within the time period
specified by Apple for such download. Except as expressly permitted by Apple, you shall not modify,
translate, reproduce, distribute, or create derivative works of the Content or any part thereof. You shall
not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Content. Apple and/or
Apple’s licensor(s) retain ownership of the Content itself and any copies or portions thereof. The Content
is licensed, not sold, to you by Apple for use only under this Agreement, and Apple reserves all rights not
expressly granted to you. Your rights under this license to use and access the Content will terminate
automatically without notice from Apple if you fail to comply with any of these provisions.
8. Compatibility Labs; Developer Technical Support (DTS).
As an Apple Developer, you may have
access to Apple’s software and/or hardware compatibility testing and development labs (“
Labs
”) and/or
developer technical support incidents (“
DTS Services
”) that Apple may make available to you from time
to time as an Apple developer benefit or for a separate fee. You agree that all use of such Labs and DTS
Services will be in accordance with Apple’s usage policies for such services, which are subject to change
from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on the
Site and/or send an email to you with notices of such changes. It is your responsibility to review the Site
and/or check your email address registered with Apple for any such notices. You agree that Apple shall
not be liable to you or any third party for any modification or cessation of such services. As part of the
DTS Services, Apple may supply you with certain code snippets, sample code, software, and other
materials (“
Materials
”). You agree that any Materials that Apple provides as part of the DTS Services are
licensed to you and shall be used by you only in accordance with the terms and conditions accompanying
the Materials. Apple retains ownership of all of its right, title and interest in such Materials and no other
rights or licenses are granted or to be implied under any Apple intellectual property. You have no right to
copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be
expressly provided in the terms and conditions accompanying the Materials.
YOU AGREE THAT WHEN
REQUESTING AND RECEIVING TECHNICAL SUPPORT FROM DTS SERVICES, YOU WILL NOT
PROVIDE APPLE WITH ANY INFORMATION, INCLUDING THAT INCORPORATED IN YOUR
SOFTWARE, THAT IS CONFIDENTIAL TO YOU OR ANY THIRD PARTY. YOU AGREE THAT ANY
NOTICE, LEGEND, OR LABEL TO THE CONTRARY CONTAINED IN ANY SUCH MATERIALS
PROVIDED BY YOU TO APPLE SHALL BE WITHOUT EFFECT. APPLE SHALL BE FREE TO USE
ALL SUCH INFORMATION IT RECEIVES FROM YOU IN ANY MANNER IT DEEMS APPROPRIATE,
SUBJECT TO ANY APPLICABLE PATENTS OR COPYRIGHTS.
Apple reserves the right to reject a
request for access to Labs or for DTS Services at any time and for any reason, in which event Apple may
credit you for the rejected lab or support request. You shall be solely responsible for any restoration of
lost or altered files, data, programs or other materials provided.
9. Amendment; Communication.
Apple reserves the right, at its discretion, to modify this Agreement,
including any rules and policies at any time. You will be responsible for reviewing and becoming familiar
with any such modifications (including new terms, updates, revisions, supplements, modifications, and
additional rules, policies, terms and conditions)(“
Additional Terms
”) communicated to you by Apple. All
Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of
the Site will indicate your acceptance of any Additional Terms. In addition, Apple may be sending
communications to you from time to time. Such communications may be in the form of phone calls and/or
emails and may include, but not be limited to, membership information, marketing materials, technical
information, and updates and/or changes regarding your participation as an Apple Developer. By
agreeing to this Agreement, you consent that Apple may provide you with such communications.
10. Term and Termination.
Apple may terminate or suspend you as a registered Apple Developer at any
time in Apple’s sole discretion. If Apple terminates you as a registered Apple Developer, Apple reserves
the right to deny your reapplication at any time in Apple’s sole discretion. You may terminate your
participation as a registered Apple Developer at any time, for any reason, by notifying Apple in writing of
your intent to do so. Upon any termination or, at Apple’s discretion, suspension, all rights and licenses
granted to you by Apple will cease, including your right to access the Site, and you agree to destroy any
and all Apple Confidential Information that is in your possession or control. At Apple’s request, you agree
to provide certification of such destruction to Apple. No refund or partial refund of any fees paid hereunder
or any other fees will be made for any reason. Following termination of this Agreement, Sections 1, 3-5, 7
(but only for so long as the duration specified by Apple for such usage), 10-20 shall continue to bind the
parties.
11. Apple Independent Development.
Nothing in this Agreement will impair Apple’s right to develop,
acquire, license, market, promote or distribute products, software or technologies that perform the same
or similar functions as, or otherwise compete with, any other products, software or technologies that you
may develop, produce, market, or distribute.
12. Use Of Apple Trademarks, Logos, etc.
You agree to follow Apple’s trademark and copyright
guidelines as published at: www.apple.com/legal/guidelinesfor3rdparties.html (“
Guidelines
”) and as may
be modified from time to time. You agree not to use the marks “Apple,” the Apple Logo, “Mac”, “iPhone,”
“iPod touch” or any other marks belonging or licensed to Apple in any way except as expressly authorized
in writing by Apple in each instance or as permitted in Apple’s Guidelines. You agree that all goodwill
arising out of your authorized use of Apple’s marks shall inure to the benefit of and belong to Apple.
13. No Warranty.
APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “
APPLE
” FOR PURPOSES
OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES
(INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR
ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE
DEVELOPER (COLLECTIVELY, THE “
SERVICE
” FOR PURPOSES OF THIS SECTION 13 AND 14)
WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR- FREE OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-
AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE
CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA)
YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES,
CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY
RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND
APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND
ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL
RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE
FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION
OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE
MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR
INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU
UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES,
ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES
CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE
PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.
14. Disclaimer of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT
WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM DELAY OF DELIVERY, FOR LOSS OF PROFITS, DATA, BUSINESS
OR GOODWILL, FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO
USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF
APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL APPLE’S TOTAL
LIABILITY TO YOU UNDER THIS AGREEMENT 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).
15. Third-Party Notices and Products.
Third-party software provided by Apple to you as an Apple
Developer may be accompanied by its own licensing terms, in which case such licensing terms will
govern your use of that particular third-party software. Mention of third-parties and third-party products in
any materials, documentation, advertising, or promotions provided to you as an Apple Developer is for
informational purposes only and constitutes neither an endorsement nor a recommendation. All third-
party product specifications and descriptions are supplied by the respective vendor or supplier, and Apple
shall have no responsibility with regard to the selection, performance, or use of these vendors or
products. All understandings, agreements, or warranties, if any, take place directly between the vendors
and the prospective users.
16. Export Control.
A.
You may not use or otherwise export or re-export any Apple Confidential Information received from
Apple except as authorized by United States law and the laws of the jurisdiction in which the Apple
Confidential Information was obtained. In particular, but without limitation, the Apple Confidential
Information may not be exported or re-exported (a) into any U.S. embargoed countries or regions or (b)
to, or for the facilitation of dealings with, anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person's List or any other restricted
party lists without required approvals from applicable authorities. By becoming an Apple Developer or
using any Apple Confidential Information, you represent and warrant that you are not located in any such
country or region or on any such list. You also agree that you will not use any Apple Confidential
Information for any purposes prohibited by United States law, including, without limitation, the
development, design, manufacture or production of nuclear, chemical or biological weapons or any other
military end uses.
B. You represent and warrant that You and any entity or person that directly or indirectly controls You, or
is under common control with You, are not: (a) on any sanctions lists in the countries or regions in which
the App Store is available, (b) doing business in any of the U.S. embargoed countries or regions, or (c) a
military end user as defined and scoped in 15 C.F.R. § 744. As used in this Section 16, “control” means
that an entity or person possesses, directly or indirectly, the power to direct or cause the direction of the
management policies of the other entity, whether through ownership of voting securities, an interest in
registered capital, by contract, or otherwise.
17. Governing Law.
This Agreement will be governed by and construed in accordance with the laws of
the State of California, excluding its conflict of law provisions. The parties further submit to and waive any
objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the
Northern District of California, California Superior Court for Santa Clara County, Santa Clara County
Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.
18. Government End Users.
Certain Apple Confidential Information may be considered “Commercial
Products”, 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 Products 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.
19. Privacy.
At all times your personal data will be handled in accordance with Apple’s Privacy Policy,
which can be viewed at http://www.apple.com/legal/privacy/.
20. Miscellaneous.
No delay or failure to take action under this Agreement will constitute a waiver unless
expressly waived in writing, signed by a duly authorized representative of Apple, and no single waiver will
constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be
assigned, in whole or part, by you without the written approval of an authorized representative of Apple.
Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the
entire agreement between the parties with respect to its subject matter and supersedes all prior or
contemporaneous understandings regarding such subject matter. No addition to or removal or
modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing
and signed by an authorized representative of Apple. The parties hereto confirm that they have requested
that this Agreement and all attachments and related documents be drafted in English.
Les parties ont
exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
LYL207
March 18, 2025
