The following additional terms are applicable to You and Your Authorized Users if You downloaded an Offering from an electronic store and its storefronts branded, owned, and/or controlled by Apple, or an Apple subsidiary or other affiliate of Apple, through which the Offering may be acquired (“Apple App Store”) or access an Offering using an Apple-branded product:
1. Acknowledgement: Notwithstanding anything to the contrary, these Terms are between Autodesk and You only, and are not between You and Apple, Inc. (“Apple”). Autodesk, not Apple, is solely responsible for any Offering(s), subject to any additional Third-Party Terms.
2. Scope of License: The license granted by Autodesk to You under the Terms includes the right to install and use the Offering on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service (also referred to as the Apple Media Services Terms and Conditions), except that the Offering may be accessed, acquired, and used by other accounts associated with You via Family Sharing, as defined in the Apple App Store Terms of Service, or volume purchasing.
3. Maintenance and Support: Notwithstanding anything to the contrary in the Terms, as between Apple and Autodesk, Apple has no obligation whatsoever to furnish any maintenance and support services to You with respect to the Offering.
4. Warranty: Without limiting the warranties or disclaimers in the Terms, in the event of any failure of the Offering to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Offering to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Offering, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, whether express or implied by law, will be Autodesk’s sole responsibility.
5. Product Claims: Without limiting the warranties or disclaimers set forth in the Terms, as between Autodesk and Apple, Autodesk shall be responsible for any claims by You or any third party related to the Offering, or Your possession or use thereof, including but not limited to: (a) product liability claims; (b) any claim that the Offering fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: Without limiting the warranties or disclaimers set forth in the Terms, as between Autodesk and Apple, in the event of any third-party claim that the Offering or You and Your use of the same infringes that third party’s intellectual property rights, Autodesk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: See the “Export” section of these Terms.
8. Developer Name and Address: See “Notices” section of these Terms.
9. Third Party Terms of Agreement: See “Use of Third-Party Material and Services” section of these Terms.
10. Third Party Beneficiary: Apple, and its subsidiaries, are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary hereof.
