`
`PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS
`CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE SOFTWARE. THESE
`TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
`APPLE.
`
`
`iPhone Developer Program License Agreement
`
`Purpose
`You would like to use the Apple Software (as defined below) to develop one or more Applications
`(as defined below) for Apple-branded products running the iPhone OS. Apple is willing to grant
`You a limited license to use the Apple Software to develop and test Your Applications on the
`terms and conditions set forth in this Agreement.
`
`Applications developed under this Agreement can be distributed in two ways: (1) through the App
`Store, if selected by Apple, and (2) on a limited basis for use on Registered Devices (as defined
`below).
`
`Applications that meet Apple's Documentation and Program Requirements may be submitted for
`consideration by Apple for distribution via the App Store. If submitted by You and selected by
`Apple, Your Applications will be digitally signed by Apple and distributed through the App Store.
`Distribution of free (no charge) Applications that do not make use of the In App Purchase API will
`be subject to the distribution terms contained in Schedule 1 to this Agreement. If You would like
`to distribute Applications for which You will charge a fee or would like to use the In App Purchase
`API in free Applications, You must enter into a separate agreement with Apple (“Schedule 2”).
`
`Accepting this Agreement; Definitions
`1.
`Acceptance
`1.1
`In order to use the Apple Software and related services, You must first agree to this License
`Agreement. If You do not or cannot agree to this License Agreement, You are not permitted to
`use the Apple Software or related services. Do not download or use the Apple Software or any
`related services in that case.
`
`You accept and agree to the terms of this License Agreement on Your own behalf and/or on
`behalf of Your company, organization, educational institution, or agency, instrumentality, or
`department of the federal government as its authorized legal representative, by doing either of the
`following:
`(a) checking the box displayed at the end of this Agreement if You are reading this on an Apple
`website; or
`(b) clicking an “Agree” or similar button, where this option is provided by Apple.
`
`Definitions
`1.2
`Whenever capitalized in this Agreement:
`
`“Agreement” means this iPhone Developer Program License Agreement, including any
`attachments, Schedule 1 and any exhibits thereto which are hereby incorporated by this
`reference.
`
`“App Store” means an electronic store and its storefronts branded, and owned and/or controlled
`by Apple or an affiliate of Apple.
`
`“Apple” means Apple Inc., a California corporation with its principal place of business at One
`Infinite Loop, Cupertino, California 95014, U.S.A.
`
`
`Program Agreement
`
`
`Page 1
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`“Apple Push Notification” or “APN” means the Apple Push Notification service that Apple may
`provide to You to enable You to transmit Push Notifications to Your Application.
`
`“APN API” means the Documented API that enables You to use the APN to deliver a Push
`Notification to Your Application.
`
`"Apple Software" collectively means: (a) the SDK, (b) the iPhone OS, and (c) the Provisioning
`Profiles, and includes any Updates to any of the foregoing that may be provided to You by Apple.
`
`“Apple Subsidiary” means a corporation at least fifty percent (50%) of whose outstanding shares
`or securities (representing the right to vote for the election of directors or other managing
`authority) are owned or controlled, directly or indirectly, by Apple, and that is involved in the
`operation of or otherwise affiliated with the App Store, including without limitation Apple Pty
`Limited, iTunes S.à.r.l., and iTunes K.K.
`
`“Application” means one or more software programs developed by You in compliance with the
`Documentation and the Program Requirements, under Your own trademark or brand, and for
`specific use with an iPhone OS Product, including bug fixes, updates, upgrades, modifications,
`enhancements, supplements to, revisions, new releases and new versions of such software
`programs.
`
`“Authorized Test Devices” means iPhone OS Products owned or controlled by You that have
`been designated by You for testing and development purposes and specifically registered with
`Apple under this Program.
`
`“Authorized Developers” means Your employees and contractors, members of Your organization
`or, if You are an educational institution, Your faculty and staff who (a) each have an active and
`valid Registered iPhone Developer account with Apple, (b) have a demonstrable need to know or
`use the Apple Software in order to develop and test Applications, and (c) to the extent such
`individuals will have access to Apple Confidential Information, each have written and binding
`agreements with You to protect the unauthorized use and disclosure of such Apple and third party
`confidential information.
`
`“Documentation” means any technical or other specifications or documentation that Apple may
`provide to You for use in connection with the Apple Software.
`
`“Documented API(s)” means the Application Programming Interface(s) documented by Apple in
`published Apple Documentation and which are contained in the Apple Software.
`
`“FOSS” (Free and Open Source Software) means any software that is subject to terms that, as a
`condition of use, copying, modification or redistribution, require such software and/or derivative
`works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of
`making derivative works, or to be redistributed free of charge, including without limitation software
`distributed under the GNU General Public License or GNU Lesser/Library GPL.
`
`“In App Purchase API” means the Documented API that enables additional content, functionality
`or services to be purchased and delivered or made available for use within an Application.
`
`“iPod Accessory Protocol” or “iAP” means Apple’s proprietary protocol for communicating with
`iPhone OS Products and which is licensed under Apple’s Made for iPod and Works with iPhone
`Program.
`
`“iPhone Accessory” means a non-Apple branded hardware device that interfaces, communicates,
`or otherwise interoperates with or controls an iPhone OS Product through the iPod Accessory
`Protocol.
`
`
`Program Agreement
`
`
`Page 2
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`"iPhone OS" means the iPhone operating system software provided by Apple for use by You only
`in connection with Your Application development and testing, which, from time to time during the
`Term, may consist of an Apple confidential, pre-release version of the iPhone operating system
`software or a gold master "GM" production, non-Apple confidential, commercially-available
`version of the iPhone operating system software (or any successor thereto).
`
`“iPhone OS Product” means an Apple-branded product that runs the iPhone OS.
`
`“iTunes Connect” means Apple’s proprietary online content management tool for Applications.
`
`“Licensed Application” means an Application that (a) meets and complies with all of the
`Documentation and Program Requirements, and (b) has been selected and digitally signed by
`Apple for production distribution.
`
`“Licensed Application Information” means screen shots, images, artwork, icons and/or any other
`copyrighted text, descriptions, representations or information relating to a Licensed Application
`that You provide to Apple for use in accordance with Schedule 1, or, if applicable, Schedule 2.
`
`“Made for iPod and Works with iPhone Licensing Program” or “MFi Program” means a separate
`Apple program that offers iPhone Accessory developers, among other things, a license to
`incorporate certain Apple technology into a hardware device to interface, communicate or
`otherwise interoperate with or control iPhone OS Products.
`
`“Maps API” means the Documented API that enables You to add mapping functionality to
`Applications.
`
`“Program” means the overall iPhone OS application development, testing, digital signing, and
`distribution program contemplated in this Agreement.
`
`“Program Requirements” mean the technical, human interface, design, product category, security,
`performance, and other criteria and requirements specified by Apple, including but not limited to
`the current set of requirements set forth in Section 3.3, as they may be modified from time to time
`by Apple in accordance with this Agreement.
`
`"Provisioning Profiles" means the provisioning profiles provided by Apple for use by You in
`connection with Your Application development and testing, and limited distribution of Your
`Applications for use on Registered Devices.
`
`“Push Application ID” means the unique identification number or other identifier that Apple
`assigns to an Application in order to permit it to access and use the APN.
`
`“Push Notification” means a message, including any content or data therein, that You transmit to
`end users and that is delivered in Your Application.
`
`"Registered Devices" means iPhone OS Products owned or controlled by You, or owned by
`individuals who are affiliated with You, that You have specifically registered with Apple under this
`Program.
`
`“Security Solution” means the proprietary Apple content protection system marketed as Fairplay,
`to be applied to Licensed Applications distributed on the App Store to administer Apple's standard
`usage rules for Licensed Applications, as such system and rules may be modified by Apple from
`time to time.
`
`“SDK” (Software Development Kit) means the Documentation, software (source code and object
`code), applications, sample code, simulator, tools, libraries, APIs, data, files, and materials
`
`Program Agreement
`
`
`Page 3
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`provided by Apple for use by You in connection with Your Application development, and includes
`any Updates that may be provided by Apple to You pursuant to this Agreement.
`
`“Term” means the period described in Section 12.
`
`“Updates” means bug fixes, updates, upgrades, modifications, enhancements, supplements, and
`new releases or versions of the Apple Software, or to any part of the Apple Software.
`
`“You”, “Your” and “Licensee” means and refers to the person(s) or legal entity using the Apple
`Software or otherwise exercising rights under this Agreement. If You are entering into this
`Agreement on behalf of Your company, organization, educational institution, or an agency,
`instrumentality, or department of the federal government, “You” or “Your” refers to such entity or
`organization as well.
`
`Internal Use License and Restrictions
`2.
`Permitted Uses and Restrictions
`2.1
`Subject to the terms and conditions of this Agreement, Apple hereby grants You during the Term,
`a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to:
`
`(a) Install a reasonable number of copies of the SDK portion of the Apple Software on Apple-
`branded computers owned or controlled by You, to be used internally by You or Your Authorized
`Developers for the sole purpose of developing or testing Applications;
`
`(b) Make and distribute a reasonable number of copies of the Documentation to Authorized
`Developers for their internal use only and for the sole purpose of developing or testing
`Applications;
`
`(c) Install one (1) copy of the iPhone OS and a Provisioning Profile on each of Your Authorized
`Test Devices, up to the number of Authorized Test Devices that You have registered and
`acquired licenses for, to be used internally by You or Your Authorized Developers for the sole
`purpose of developing and testing Your Applications; and
`
`(d) Install a Provisioning Profile on each of Your Registered Devices, up to the limited number of
`Registered Devices that You have registered and acquired licenses for, for the sole purpose of
`enabling the distribution and use of Your Applications on such Registered Devices.
`
`Apple reserves the right to set the limited number of iPhone OS Products that each Licensee may
`register with Apple and obtain licenses for under this Program (a "Block of Registered Device
`Licenses"), as specified on the Program web portal. For the purposes of limited distribution on
`Registered Devices under Section 7.2, each company, organization, educational institution or
`affiliated group may only acquire one (1) Block of Registered Device Licenses per company,
`organization, educational institution or group, unless otherwise agreed in writing by Apple. You
`therefore agree not to knowingly acquire, or to cause others to acquire, more than one Block of
`Registered Device Licenses for the same company, organization, educational institution or group.
`
`Authorized Test Devices
`2.2
`As long as an Authorized Test Device contains any pre-release versions of the Apple Software or
`uses pre-release versions of services, You agree to restrict access to such Authorized Test
`Device to Your Authorized Developers and to not disclose, show, rent, lease, lend, sell or
`otherwise transfer such Authorized Test Device to any third party. You further agree to take
`reasonable precautions to safeguard, and to instruct Your Authorized Developers to safeguard,
`all Authorized Test Devices from loss or theft.
`
`You acknowledge that by installing any pre-release Apple Software or using any pre-
`release services on Your Authorized Test Devices, these Devices may be “locked” into
`testing mode and may not be capable of being restored to their original condition. Any use
`
`Program Agreement
`
`
`Page 4
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`of any pre-release Apple Software or pre-release services are for evaluation and development
`purposes only, and You should not use any pre-release Apple Software or pre-release services in
`a commercial operating environment or with important data. You should back up any data prior to
`using the pre-release Apple Software or pre-release services. Apple shall not be responsible for
`any costs, expenses or other liabilities You may incur as a result of provisioning Your Authorized
`Test Devices and Registered Devices, Your Application development or the installation or use of
`this Apple Software, including but not limited to any damage to any equipment, software or data.
`
`Confidential Nature of Pre-Release Apple Software
`2.3
`From time to time during the Term, Apple may provide You with pre-release versions of the Apple
`Software or related services that constitute Apple Confidential Information and are subject to the
`confidentiality obligations of this Agreement. Such pre-release Apple Software and related
`services should not be relied upon to perform in the same manner as a final-release commercial-
`grade product, nor should it be used with data that is not sufficiently and regularly backed up, and
`may include features, functionality or APIs for services that are not yet available.
`
`Copies
`2.4
`You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary
`notices (as they appear in the Apple Software and related services and Documentation provided)
`in all copies of the Apple Software and Documentation that You are permitted to make under this
`Agreement.
`
`Ownership
`2.5
`Apple retains all rights, title, and interest in and to the Apple Software and any Updates it may
`make available to You under this Agreement. You agree to cooperate with Apple to maintain
`Apple's ownership of the Apple Software, and, to the extent that You become aware of any claims
`relating to the Apple Software, You agree to use reasonable efforts to promptly provide notice of
`any such claims to Apple. The parties acknowledge that this Agreement does not give Apple any
`ownership interest in Your Applications.
`
`No Other Permitted Uses
`2.6
`Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or
`host on any website or server, sell, redistribute, or sublicense the Apple Software or any services,
`in whole or in part, or to enable others to do so. You may not use the Apple Software or any
`services provided hereunder for any purpose not expressly permitted by this Agreement. You
`agree not to install, use or run the SDK on any non-Apple-branded computer, not to install, use or
`run the iPhone OS and Provisioning Profiles on or in connection with devices other than iPhone
`OS Products, or to enable others to do so. You may not and You agree not to, or to enable others
`to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer,
`disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of
`the Apple Software or any services provided by the Apple Software or otherwise provided
`hereunder, or any part thereof (except as and only to the extent any foregoing restriction is
`prohibited by applicable law or to the extent as may be permitted by licensing terms governing
`use of open-sourced components or sample code included with the Apple Software). You agree
`not to exploit any services provided hereunder in any unauthorized way whatsoever, including but
`not limited to, by trespass or burdening network capacity. Any attempt to do so is a violation of
`the rights of Apple and its licensors of the Apple Software or services. If You breach any of the
`foregoing restrictions, You may be subject to prosecution and damages. All licenses not
`expressly granted in this Agreement are reserved and no other licenses, immunity or rights,
`express or implied are granted by Apple, by implication, estoppel, or otherwise. This Agreement
`does not grant You any rights to use any trademarks, logos or service marks belonging to Apple,
`including but not limited to the iPhone or iPod word marks. If You make reference to any Apple
`products or technology or use Apple’s trademarks, You agree to comply with the published
`guidelines at http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html, as modified by
`Apple from time to time.
`
`
`Program Agreement
`
`
`Page 5
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`2.7 Updates; No Support or Maintenance
`Apple may extend, enhance, or otherwise modify the Apple Software or services provided
`hereunder at any time without notice, but Apple shall not be obligated to provide You with any
`Updates to the Apple Software. If Updates are made available by Apple, the terms of this
`Agreement will govern such Updates, unless the Update is accompanied by a separate license in
`which case the terms of that license will govern. Apple is not obligated to provide any
`maintenance, technical or other support for the Apple Software or services. You acknowledge
`that Apple has no express or implied obligation to announce or make available any Updates to
`the Apple Software or to any services to anyone in the future. Should an Update be made
`available, it may have APIs, features, services or functionality that are different from those found
`in the Apple Software licensed hereunder or the services provided hereunder.
`
`Your Obligations
`3.
`General
`3.1
`You certify to Apple and agree that:
`(a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of
`age in many countries) and have the right and authority to enter into this Agreement on Your own
`behalf, or if You are entering into this Agreement on behalf of Your company, organization,
`educational institution, or agency, instrumentality, or department of the federal government, that
`You have the right and authority to legally bind such entity or organization to the terms and
`obligations of this Agreement;
`(b) All information provided by You to Apple or Your end users in connection with this Agreement
`or Your Application, including without limitation Licensed Application Information, will be current,
`true, accurate and complete and, with regard to information You provide to Apple, You will
`promptly notify Apple of any changes to such information;
`(c) You will comply with the terms of and fulfill Your obligations under this Agreement and You
`agree to monitor and be responsible for Your Authorized Developers’ use of the Apple Software
`and services and Authorized Test Devices and their compliance with the terms of this Agreement;
`(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and
`activities undertaken by You and Authorized Developers in connection with the Apple Software
`and services, the Registered Devices, Your Applications and Your related development and
`distribution efforts, including, but not limited to, any related development efforts, network and
`server equipment, Internet service(s), or any other hardware, software or services used by You in
`connection with Your use of any services;
`(e) For the purposes of Schedule 1(if applicable), You represent and warrant that You own or
`control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide
`agent for the delivery of Your Licensed Applications, and that the fulfillment of such appointment
`by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party; and
`(f) You will not act in any manner which conflicts or interferes with any existing commitment or
`obligation You may have and no agreement previously entered into by You will interfere with Your
`performance of Your obligations under this Agreement.
`
`Use of the Apple Software
`3.2
`As a condition to using the Apple Software and any services, You agree that:
`(a) You will only use the Apple Software and any services for the purposes and in the manner
`expressly permitted by this Agreement and in accordance with all applicable laws and
`regulations;
`(b) You will not use the Apple Software or any services for any unlawful or illegal activity, nor to
`develop any Application which would commit or facilitate the commission of a crime, or other
`tortious, unlawful or illegal act;
`(c) Your Application will be developed in compliance with the Documentation and the Program
`Requirements, the current set of which is set forth in Section 3.3 below;
`(d) To the best of Your knowledge and belief, Your Application and Licensed Application
`Information do not and will not violate, misappropriate, or infringe any Apple or third party
`copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary
`or legal rights (e.g. musical composition or performance rights, video rights, photography or
`
`Program Agreement
`
`
`Page 6
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`image rights, logo rights, third party data rights, etc. for content and materials that may be
`included in Your Application);
`(e) You will not, through use of the Apple Software, services or otherwise, create any Application
`or other program that would disable, hack or otherwise interfere with the Security Solution, or any
`security, digital signing, digital rights management, verification or authentication mechanisms
`implemented in or by the iPhone OS, this Apple Software, any services or other Apple software or
`technology, or enable others to do so; and
`(f) Applications developed using the Apple Software may only be distributed if selected by Apple
`(in its sole discretion) for distribution via the App Store or for limited distribution on Registered
`Devices (ad hoc distribution) as contemplated in this Agreement.
`
`Program Requirements for Applications
`3.3
`Any Application developed using this Apple Software must meet all of the following criteria and
`requirements, as they may be modified by Apple from time to time:
`
`
`APIs and Functionality:
`
`Applications may only use Documented APIs in the manner prescribed by Apple
`3.3.1
`and must not use or call any private APIs.
`
`An Application may not itself install or launch other executable code by any
`3.3.2
`means, including without limitation through the use of a plug-in architecture, calling other
`frameworks, other APIs or otherwise. No interpreted code may be downloaded or used in an
`Application except for code that is interpreted and run by Apple's Documented APIs and built-
`in interpreter(s).
`
`Without Apple’s prior written approval or as permitted under Section 3.3.19, an
`3.3.3
`Application may not provide, unlock or enable additional features or functionality through
`distribution mechanisms other than the App Store.
`
`An Application may only read data from or write data to an Application's
`3.3.4
`designated container area on the device, except as otherwise specified by Apple.
`
`User Interface and Data:
`
`Applications must comply with the Human Interface Guidelines and other
`3.3.5
`Documentation provided by Apple.
`
`Any form of user or device data collection, or image, picture or voice capture or
`3.3.6
`recording performed by the Application (collectively “Recordings”), and any form of user data,
`content or information processing, maintenance, uploading, syncing, or transmission
`performed by the Application (collectively "Transmissions") must comply with all applicable
`privacy laws and regulations as well as any Apple program requirements related to such
`aspects, including but not limited to any notice or consent requirements. In particular, a
`reasonably conspicuous audio, visual or other indicator must be displayed to the user as part
`of the Application to indicate that a Recording is taking place.
`
`Local Laws, User Privacy, Location Services and Mapping:
`
`Applications must comply with all applicable criminal, civil and statutory laws and
`3.3.7
`regulations, including those in any jurisdictions in which Your Applications may be offered or
`made available. In addition, for Applications that use location-based APIs or that collect,
`transmit, maintain, process, share, disclose or otherwise use a user's personal information or
`data:
`
`
`
`
`Program Agreement
`
`
`Page 7
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`- You and the Application must comply with all applicable privacy and data collection laws
`and regulations with respect to any collection, transmission, maintenance, processing, use,
`etc. of the user's location data or personal information by the Application. In addition, the use
`of any personal information should be limited solely as necessary to provide services or
`functionality for Your Application (e.g., the use of collected personal information for tele-
`marketing purposes is prohibited (unless expressly consented to by the user)). You and the
`Application must also take appropriate steps to protect any such location data or personal
`information from unauthorized disclosure or access.
`
`- Applications may not be designed or marketed for the purpose of harassing, abusing,
`stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and
`publicity) of others.
`
`- Applications may not perform any functions or link to any content or use any robot, spider,
`site search or other retrieval application or device to scrape, retrieve or index services
`provided by Apple or its licensors, or to collect, disseminate or use information about users
`for any unauthorized purpose.
`
`For Applications that use location-based APIs, such Applications may not be
`3.3.8
`designed or marketed for automatic or autonomous control of vehicles, aircraft, or other
`mechanical devices; dispatch or fleet management; or emergency or life-saving purposes. In
`addition:
`
` -
`
` Applications that offer location-based services or functionality must notify and obtain
`consent from an individual before his or her location data is being collected, transmitted or
`otherwise used by the Application.
`
`For Applications that use location-based APIs for real-time route guidance
`3.3.9
`(including, but not limited to, turn-by-turn route guidance and other routing that is enabled
`through the use of a sensor), You must have an end user license agreement that includes the
`following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS
`AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
`
`Applications must not disable, override or otherwise interfere with any Apple-
`3.3.10
`implemented system alerts, warnings, display panels, consent panels and the like, including,
`but not limited to, those that are intended to notify the user that the user's location data is
`being collected, transmitted, maintained, processed or used, or intended to obtain consent for
`such use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain,
`process or utilize the user's location data or perform any other actions for which the user’s
`consent has been denied or withdrawn.
`
`If Your Application accesses the Google Mobile Maps (GMM) service through the
`3.3.11
`Maps API, use of the GMM Service is subject to Google’s Terms of Service which will be set
`forth at: http://code.google.com/apis/maps/terms/iPhone.html. If You do not accept such
`Google Terms of Service, including, but not limited to all limitations and restrictions therein,
`You may not use the GMM service in Your Application. You acknowledge and agree that use
`of the GMM Service in Your Application will constitute Your acceptance of such Terms of
`Service.
`
`Content and Materials:
`
`Any master recordings and musical compositions embodied in Your Application
`3.3.12
`must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner
`that will not require the payment of any fees, royalties and/or sums by Apple to You or any
`third party. In addition, if Your Application will be distributed outside of the United States, any
`master recordings and musical compositions embodied in Your Application (a) must not fall
`
`
`
`
`
`
`
`
`
`Program Agreement
`
`
`Page 8
`
`Apple v. Achates
`IPR2013-00080
`Achates Ex. 2021
`
`
`
`
`
`
`
`
`
`within the repertoire of any mechanical or performing/communication rights collecting or
`licensing organization now or in the future and (b) if licensed, must be exclusively licensed to
`You for Your Application by each applicable copyright owner.
`
`If Your Application includes or will include any other content, You must either
`3.3.13
`own all such content or have permission from the content owner to use it in Your Application.
`
`Applications may be rejected if they contain content or materials of any kind (text,
`3.3.14
`graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgment may be
`found objectionable, for example, materials that may be considered obscene, pornographic,
`or defamatory.
`
`
`Applications must not contain any malware, malicious or harmful code, program,
`3.3.15
`or other internal component (e.g. computer viruses, trojan horses, “backdoors”) which could
`damage, destroy, or adversely affect other software, firmware, hardware, data, systems,
`services, or networks.
`
`If Your Application includes any FOSS, You agree to comply with all applicable
`3.3.16
`FOSS licensing terms. You also agree not to use any FOSS in the development of Your
`Application in such a way that would cause the non-FOSS portions of the Apple Software to
`be subject to any FOSS licensing terms or obligations.
`
`Your Application may include promotional sweepstake or contest functionality
`3.3.17
`provided that You are the sole sponsor of the promotion and that You and Your Application
`comply with any applicable laws and fulfill any applicable registration requirements in the
`country or territory where You make Your Application available and the promotion is open.
`You agree that You are solely responsible for any promotion and any prize, and also agree to
`clearly state in binding official rules for each promotion that Apple is not a sponsor of, or
`responsible for conducting, the promotion.
`
`Your Application may include a direct link to a page on Your web site where you
`3.3.18
`include the ability for an end user to make a charitable contribution, provided that You comply
`with any applicable laws (which may include providing a receipt), and fulfill any applicable
`regulation or registration requirements, in the country or territory where You enable the
`charitable contribution to be made. You also agree to clearly state that Apple is not the
`fundraiser.
`
`In App Purchase API:
`
`All use of the In App Purchase API must be in accordance with the terms of this
`3.3.19