DEVELOPER ARTWORK LICENSE AGREEMENT FOR WORKS
WITH APPLE HEALTH
PLEASE READ THIS DEVELOPER ARTWORK LICENSE
AGREEMENT FOR WORKS WITH APPLE HEALTH (“LICENSE”) CAREFULLY BEFORE USING THE
DEVELOPER ARTWORK (DEFINED BELOW). BY USING THE DEVELOPER ARTWORK, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE
DEVELOPER ARTWORK ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE
TERMS OF THIS LICENSE BY CLICKING THE “AGREE” BUTTON. IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE, DO NOT USE THE DEVELOPER ARTWORK AND CLICK
NOTES: If you are entering into this License on
behalf of your company or organization, “you” or “your” refers to such entity
as well, and you represent that you have legal authority to bind your company
or organization to the terms of this License.
The Works with Apple Health badge (the “Developer
Artwork”) is licensed, not sold, to you by Apple Inc. (“Apple”) for
use only under the terms of this License. Apple and/or Apple’s licensors
retain ownership of the Developer Artwork and reserve all rights not expressly
granted to you. The terms of this License will govern any upgrades provided to
you by Apple that replace and/or supplement the original Developer Artwork,
unless such upgrade is accompanied by a separate license in which case the
terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. Limited License. Subject to the terms
of this License and your compliance with Apple Health Artwork Guidelines available
at developer.apple.com/health-fitness/works-with-apple-health/, Apple’s
Guidelines for Using Apple Trademarks and Copyrights available at https://www.apple.com/legal/intellectual-property/guidelinesfor3rdparties.html,
and other applicable documentation for the use of the Developer Artwork, you
are granted a limited, non-transferable, non-exclusive license to use the Developer
Artwork in the user interface of your software applications that run on supported Apple operating system software and in related marketing and promotional materials to indicate your use of the Apple HealthKit framework in objects within your applications and/or to indicate that your software applications are enabled for use with Apple HealthKit. The foregoing rights include the right to
show the Developer Artwork in screenshots of your software applications, but
not for use on a stand-alone basis outside of the user interface of your
You may use the Developer Artwork only for the
purposes described in this License and only if you are an Apple Developer
Program member, or as otherwise expressly permitted by Apple in writing.
B. Other Use Restrictions. The grants set
forth in this License do not permit you to, and you agree not to use or embed
the Developer Artwork in software programs or other products that are not
running on supported Apple operating system software. Except as expressly provided
for herein, you may not use the Developer Artwork to create, develop, display
or otherwise distribute any documentation, artwork, website content or any
other work product.
The Developer Artwork may not otherwise be used,
extracted, copied, modified, distributed, or repackaged as content, clip art,
stock animation, or similar assets, or in any other manner or for any other
use. Except as otherwise expressly permitted by the terms of this License or
as otherwise licensed by Apple, you may not make the Developer Artwork available
over a network where they could be run or used by multiple computers at the
You may not rent, lease, lend, trade, transfer,
sell, sublicense or otherwise redistribute the Developer Artwork in any
unauthorized way, or enable others to do so.
C. No Reverse Engineering; Limitations.
You may not, and you agree not to or to enable others to, copy (except as
expressly permitted by this License), decompile, reverse engineer, disassemble,
attempt to derive the source code of, decrypt, modify, create derivative works
of the Developer Artwork or any part thereof (except as and only to the extent
any foregoing restriction is prohibited by applicable law).
D. Compliance with Laws. You agree to use
the Developer Artwork in compliance with all applicable laws, including local
laws of the country or region in which you reside or in which you download or
use the Developer Artwork.
3. No Transfer or Assignment. Except as otherwise set
forth herein, you may not transfer the Developer Artwork without Apple’s express
prior written approval. All components of the Developer Artwork are provided
as part of a bundle and may not be separated from the bundle and distributed on
a standalone basis. This License may not be assigned by you, nor may the
rights granted hereunder be transferred by you, in whole or in part, through
acquisition, merger or otherwise, without the prior written consent of a duly
authorized representative of Apple. Any attempted assignment in contravention
of this section shall be void.
4. Termination. This License shall
commence upon your download or use of the Developer Artwork. Your rights under
this License will terminate automatically or cease to be effective without
notice from Apple (a) if you fail to comply with any term(s) of this License,
(b) if you are no longer an Apple Developer Program member, or (c) if Apple
releases a version of the Developer Artwork which is incompatible with this
version of the Developer Artwork. Upon the termination of this License, you
shall cease all use of the Developer Artwork and destroy all copies, full or
partial, of the Developer Artwork. Section 2B, 2C, 5 through 9, and 11 through
12 of this License shall survive any termination.
5. Disclaimer of Warranties.
A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER ARTWORK IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE DEVELOPER ARTWORK IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS
(COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 5 AND 6)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVELOPER
ARTWORK, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE DEVELOPER ARTWORK, THAT THE FUNCTIONS CONTAINED IN
THE DEVELOPER ARTWORK WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
DEVELOPER ARTWORK WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEVELOPER
ARTWORK WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS
OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE DEVELOPER ARTWORK WILL BE
CORRECTED. INSTALLATION OF THIS DEVELOPER ARTWORK MAY AFFECT THE AVAILABILITY
AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES, AS
WELL AS APPLE PRODUCTS AND SERVICES.
D. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER
ARTWORK IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE
THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA
OR INFORMATION PROVIDED BY, THE DEVELOPER ARTWORK COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT
LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
E. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE DEVELOPER ARTWORK PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
6. Limitation of Liability. TO THE EXTENT NOT
PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVELOPER ARTWORK, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND
EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you 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). The foregoing
limitations will apply even if the above stated remedy fails of its essential
7. Export Control. You may not use or
otherwise export or re-export the Developer Artwork except as authorized by
United States law and the laws of the jurisdiction(s) in which the Developer
Artwork was obtained. In particular, but without limitation, the Developer
Artwork may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to 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
Entity List or any other restricted party lists. By using the Developer
Artwork, 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 Developer
Artwork for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture or production of missiles,
nuclear, chemical or biological weapons.
8. Government End Users. The Developer Artwork
and related documentation are “Commercial Items”, 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 Items 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
9. Publicity. Apple may use your name, address, the name
of each of your software applications, and other relevant application
information in any index of products or developers that work with Apple-branded
products running supported Apple operating system software.
10. Compliance. You will not do anything
to compromise Apple’s rights in and to the Developer Artwork, such as filing
any identical or confusingly similar trademark applications anywhere in the
world. Upon Apple’s request, you shall supply Apple, at no cost and
with no obligation to return, suitable specimens of your use of the Developer Artwork
to verify your compliance with this License.
11. Controlling Law and Severability. This License will be
governed by and construed in accordance with the laws of the State of
California, excluding its conflict of law principles. This License shall not
be governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. If for any
reason a court of competent jurisdiction finds any provision, or portion
thereof, to be unenforceable, the remainder of this License shall continue in
full force and effect.
12. Complete Agreement; Governing Language. This License constitutes
the entire agreement between you and Apple relating to the use of the Developer
Artwork licensed hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or modification
of this License will be binding unless in writing and signed by Apple. The
parties hereto confirm that they have requested that this License and all
related documents be drafted in English. Les parties ont exigé que la présent
Licence et tous les documents connexes soient rédigés en anglais.