Stanley Black & Decker, Inc.
701 E. Joppa Road, Mail Stop No. TW230, Towson, Maryland 21286, USA
Attn: Robin Weyand, Esq.
Phone: (410) 716-3900
i. With respect to mobile applications accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that is owned or controlled by the User; and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Stanley Black & Decker reserves all rights in and to the mobile applications not expressly granted to you under these Terms.
ii. You acknowledge and agree that (i) these Terms are concluded between you and Stanley Black & Decker only, and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below, and (ii) Stanley Black & Decker, not Apple, is solely responsible for the App Store Sourced Application and the Stanley Sites content.
iii. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
iv. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Stanley Black & Decker, Stanley Black & Decker, and not Apple, is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
v. Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
vi. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms for App Store Sourced Applications against you as a third-party beneficiary thereof.
vii. Without limiting any provisions of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
viii. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.