APPLE INC.
LICENSE AGREEMENT FOR APPLE PRODUCT COMPATIBILITY ICONS
PLEASE READ THIS LICENSE AGREEMENT FOR APPLE PRODUCT COMPATIBILITY ICONS (“LICENSE”) CAREFULLY BEFORE USING THE COMPATIBILITY ICONS (DEFINED BELOW). IF YOU ARE ACCESSING THIS LICENSE 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 COMPATIBILITY ICONS AND CLICK “DISAGREE”.
1. General. The “Compatibility Icons” means the iPhone, iPad, iPod, Apple Watch, and Apple TV Product Compatibility Icons depicted in the Apple Product Compatibility Icons artwork files and materials accompanying this License. “Materials” means the artwork files and materials accompanying this License whether on disk, print or electronic documentation, in read only memory, or any other media in any other form. Each icon displayed in the Materials is referred to as a “Compatibility Icon” and collectively as the “Compatibility Icons”. Each Compatibility Icon consists of a line art drawing representing a particular Apple product, together with the Apple trademark and device model identifying that Apple product. Apple may update the Materials and the Compatibility Icons from time to time in its sole discretion.
The terms of this License will govern any updates to the Compatibility Icons and Materials that replace and/or supplement the original Compatibility Icons and Materials provided to you, unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern.
2. Permitted License Uses and Restrictions.
A. Limited License. Subject to the terms of this License, Apple grants you a limited, non-exclusive, non-transferable, royalty-free, worldwide license to use the Compatibility Icons in advertising, packaging, websites, manuals, hangtags and printed collateral for products that are compatible with Apple’s iPhone, iPad, iPod, Apple Watch, and Apple TV devices (“Qualifying Product”), for the sole purpose of identifying the Qualifying Product’s compatibility with specific Apple device models. You are not permitted to include a Compatibility Icon as part of your company or product identity. You are not permitted to engrave or otherwise display the Compatibility Icons on actual product. You may use the Compatibility Icons and Materials only for the purposes described in this License and only if you are a registered Apple Developer, or as otherwise expressly permitted by Apple in writing.
B. Apple Ownership. The Materials and Compatibility Icons are licensed, not sold, to you by Apple Inc. (“Apple”) for your use under the terms of this License. Apple retains ownership of the Materials and Compatibility Icons and reserve all rights not expressly granted to you. Apple shall remain the exclusive owner of all rights in the Compatibility Icons and Materials. Your use of the Compatibility Icons and Materials shall exclusively inure to the benefit of Apple. You agree not to do anything to compromise Apple’s rights in and to the Materials and Compatibility Icons, such as filing any trademark, design or copyright applications anywhere in the world for a mark or design that is identical or confusingly similar the Compatibility Icons or the contents of the Materials.
C. Qualifying Product. The grant set forth in this License is limited to Qualifying Product. The license does not permit you to, and you agree not to, use or display the Compatibility Icons in connection with any product which is not compatible with Apple products, or to enable others to do so. You agree that the nature and quality of all products featuring the Compatibility Icons shall be consistent with and conform to the standards set by, and be under the control of Apple. Upon Apple’s request, you agree to supply Apple, at no cost and with no obligation to return, suitable specimens of your use of the Compatibility Icons to verify your compliance with this License.
D. Proper Usage. Your use of the Compatibility Icons must be in strict compliance with the Usage Guidelines provided by Apple at https://developer.apple.com/accessories/compatibility-icons/, which may be amended by Apple from time to time in its sole discretion. You shall not alter the Compatibility Icons in any way and agree to use the Compatibility Icons solely in the exact form as provided to you in the Materials provided by Apple. You agree not to use the Compatibility Icons in conjunction with any other mark or design (i.e. the Compatibility Icon must stand alone in terms of commercial impression generated by the usage). The Compatibility Icon must only be used in a way that is clearly subordinate to your own company or product identity. You agree to always display our own company name in collateral or product packaging featuring Qualifying Product in a manner that is larger and more prominently displayed than the Compatibility Icon. You agree not to use the Compatibility Icon in any manner that creates confusion as to the source of the Qualifying Product. You agree not to use any trademark or designs that are confusingly similar to the Compatibility Icons. You agree not to print the Compatibility Icon on clothing, cases, or to produce them as stickers.
G. Additional Restrictions. Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple: (i) only one user may download and use the Compatibility Icons at a time, and (ii) you may not make the Compatibility Icons available over a network where they could be run or used by multiple computers at the same time. You may not rent, lease, lend, trade, transfer, sell, sublicense or otherwise redistribute the Compatibility Icons in any unauthorized way. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), modify, create derivative works of the Compatibility Icons or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). You agree to use the Compatibility Icons 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 Compatibility Icons.
3. No Transfer. Except as otherwise set forth herein, you may not transfer this Compatibility Icons without Apple’s express prior written approval.
4. Termination. This License shall commence upon your clicking the “Agree and Download” button on the Developer website: https://developer.apple.com/accessories/compatibility-icons/. Apple may terminate this License with or without cause upon written notice to you. Your rights under this License will terminate automatically or cease to be effective with or without notice from Apple (a) if you fail to comply with any term(s) of this License, (b) if you are no longer registered as an Apple Developer, (c) you are no longer in business or (d) if Apple releases a version of the Compatibility Icons which is incompatible with this version of the Compatibility Icons or your product. Upon the termination of this License, you shall cease all use of the Compatibility Icons on product packaging and any advertising and marketing collateral bearing any Compatibility Icon, and destroy all copies, full or partial, of the Materials or any materials Apple provided to you under this License. The restrictions of Section 2, and Sections 5 through 10 of this License shall survive any termination.
5. Disclaimer of Warranties. THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPATIBILITY ICONS ARE 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 COMPATIBILITY ICONS, 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. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPATIBILITY ICONS, THAT THE FUNCTIONS CONTAINED IN THE COMPATIBILITY ICONS WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE COMPATIBILITY ICONS WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE COMPATIBILITY ICONS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
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 COMPATIBILITY ICONS OR FOR ANY TERMINATION OF THIS AGREEMENT, 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 purpose.
7. Export Control. You may not use or otherwise export or re-export the Compatibility Icons except as authorized by United States law and the laws of the jurisdiction(s) in which the Compatibility Icons was obtained. In particular, but without limitation, the Compatibility Icons 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 Compatibility Icons, you represent and warrant that you are not located in any such country or on any such list.
8. Indemnification. You will defend, indemnify and hold harmless Apple against all losses, liability, and/or expense (including reasonable legal fees) arising out of any claims or suits, whatever their nature and however arising, which may be brought or made against Apple because of your use of the Compatibility Icons in any manner except as expressly permitted by this License, or for any personal injury, product liability or other claim arising from the production, promotion, distribution, sale and/or offer for sale, and/or the performance of your products.
9. 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.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Compatibility Icons 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.
EP5499
10/15/2018
