WOWWEE GROUP LIMITED
APPLICATION END USER LICENSE AGREEMENT v1.0
This Application End User License Agreement (“License”) is an agreement between you and WowWee Group Limited, its subsidiaries or affiliates (“WowWee”). This License governs your use of the application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the “Application”). This Application is licensed to you, not sold.
BY INSTALLING OR USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS LICENSE AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License then do not install or use the Application.
We reserve the right to modify this License at any time, so please review it frequently either via the About section in your Application or by visiting www.appgear.com. Your continued use of our online and mobile products and services will signify your acceptance of the changes to this License.
SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR MOBILE ONLINE BEHAVIOR BY WOWWEE AND THIRD PARTIES. SECTION 15 PROVIDES THAT ALL DISPUTES BETWEEN US SHALL BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
A. Grant. Through this purchase, you are acquiring and WowWee grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or WowWee’s termination of this License.
B. Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by WowWee. Unless expressly authorized by WowWee, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter WowWee’s trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application, including, but not limited to, provider(s) of wireless data service and device hardware and software manufacturers.
C. Reservation of Rights. You have obtained a license to use the Application and your rights are subject to this License. Except as expressly licensed to you herein, WowWee reserves all right, title and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text, and all associated copyrights, trademarks, and other intellectual property rights therein). This License is limited to the intellectual property rights of WowWee and its licensors in the Application and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, dissemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. The Application and all copies thereof are the intellectual property of WowWee and its licensors. The structure, organization, and code of the Application are the valuable intellectually property (e.g. trade secrets and confidential information) of WowWee and its licensors. The Application is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Application and all rights not expressly granted herein are reserved by WowWee and its licensors.
D. Your Contributions. In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright interest, you hereby grant WowWee an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now know or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to WowWee’s and other persons’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. The license grant to WowWee, and the above waiver of any applicable moral rights, survives any termination of this License.
E. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. WowWee does not guarantee that this Application can be accessed on all devices or wireless service plans. WowWee does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.
F. Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that WowWee deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation WowWee may have to support the pervious version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
If you are concerned about the information WowWee and or/third parties may collect, do not install or use this Application. WowWee does not guarantee that all third parties that may collect information about you via this Application have an opt out for behavioral tracking. In addition, WowWee does not guarantee or warrant that opting out of behavioral tracking from some or all of the third party entities will opt you out of advertising entirely. Rather, if you opt out, you may continue to receive the same amount of mobile ads, but they may be less relevant because they will not be based on your interests.
This ad serving technology may be integrated into the game; if you do not want to use this technology or potentially be subject to the use of this technology, do not install or use this Application.
4. System Interaction. The Application requires device resources in order to perform and may impede the functionality of other applications or software on your device. The Application may slow and/or otherwise affect the performance of your device and other applications or software installed and/or running thereon. You may experience technical issues after use of the Application. By using the Application, you acknowledge and agree to the foregoing risks of use. IF YOU DO NOT AGREE TO AND ACKNOWLEDGE THESE POTENTIAL ISSUES, DO NOT INSTALL OR USE THE APPLICATION.
5. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploading of content, WowWee may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content this is created and shared by you with other players.
6. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from WowWee if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will no limit any of WowWee’s other rights or remedies at law or in equity. Sections 1 (D) and (E), Sections 2 through 17, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WOWWEE AND WOWWEE’S LICENSORS (COLLECTIVELY “WOWWEE” FOR THE PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WOWWEE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY WOWWEE, APPLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WOWWEE BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT WOWWEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall WowWee’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application or any related WowWee product, the purchase of which entitled you to download the Application at no additional cost.
9. Limitation of liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
10. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and other provisions of this License shall continue in full force and effect.
11. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Application provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer Application” and/or “commercial computer Application documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
12. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to WowWee for which monetary damages would not be an adequate remedy and WowWee shall be entitled to seek equitable relief in addition to any remedies it may be entitled to hereunder or at law without a bond, other security or proof of damages.
13. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of New York, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that, to the extent applicable pursuant to Section 15, below, jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that cover New York City, New York, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may be also subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
14. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom WowWee is prohibited form transacting business under applicable law.
15. Dispute Resolution by Binding Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
A. Most of your concerns can be resolved quickly and to your satisfaction by contacting WowWee via the www.wowwee.com or www.appgear.com web sites. In the unlikely event that WowWee cannot resolve a concern to your satisfaction (or if WowWee cannot resolve a concern it has with you after attempting to do so informally), then you and WowWee agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent permitted under applicable law, but expressly excludes residents of Quebec, Russia and the Member States of the European Union. This agreement is intended to be interpreted broadly. It covers any and all disputes between us (“Disputes”), including without limitation:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(b) claims that arose before this License or any prior agreement (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of this License.
The only disputes that are not covered by this Section 15 are the following:
1) a claim to enforce or protect, or concerning the validity of, any of your or WowWee’s (or any of WowWee’s licensors’) intellectual property rights;
2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
In addition, nothing in this License shall prevent either party from initiating a small claims court action. By entering into this License, you and WowWee expressly waive the right to a trial by jury or to participate in a class action. With respect to this Section 15, references to “WowWee,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or software under this or prior agreements between us. This License evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 15. This arbitration provision shall survive termination of this License.
B. Informal Negotiations/Notice of Dispute. You and WowWee agree to first attempt to resolve any Dispute informally before initiating arbitration. Such negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). WowWee will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to WowWee c/o WowWee USA, Inc., 5963 La Place Court, Suite 207, Carlsbad CA 92008.
C. Binding Arbitration. If you and WowWee are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or WowWee may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send WowWee a notice to the Notice of Dispute address above indication that you are unable to pay the fees required to initiate an arbitration, then WowWee will promptly pay all arbitration fees and expenses. The arbitration may be conduction in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and WowWee may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and WowWee agree that any arbitration shall be limited to the Dispute between WowWee and you individually. To the fullest extent permitted under applicable law: (a) no arbitration shall be joined with any other arbitration proceeding; (b) there is no right or authority for any Dispute to be arbitration on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND WOWWEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WowWee agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution/arbitration provision shall be null and void.
E. Location. If you are a resident of the United States, arbitration will take place at any reasonable locations convenient for you. For residents outside the United States, arbitration shall be initiated in New York City, New York, United States of America, and you and WowWee agree to submit to the personal jurisdiction of the federal or state courts that cover New York City, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
F. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against WowWee and issues you an award that is greater in monetary value than WowWee’s last written settlement offer made before final written submissions are made to the arbitrator, then WowWee will:
(a) Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
(b) Pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within (14) days of the arbitrator’s ruling on the merits.
The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. WowWee waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
G. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
H. Changes to Agreement. Notwithstanding any provision in this License to the contrary, we agree that if WowWee makes any future change to this arbitration provision (other than a change to the Notice of Dispute address), you may reject any such change by sending us written notice within thirty (30) days of the change to the Notice of Dispute address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
16. Entire Agreement. This License constitutes the entire agreement between you and WowWee with respect to the Application and supersedes all prior or contemporaneous understanding regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by WowWee. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
16. European Union Provisions. Nothing included in this License shall limit any non-waivable right to decompile the Application that you may enjoy under mandatory law. For example, if you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Application if it is necessary to do so in order to achieve interoperability of the Application with another software program, and you have first asked WowWee in writing to provide the information necessary to achieve such interoperability and WowWee has not made such information available. In addition, such de-compilation may only be done by you or someone else entitled to use a copy of the Application on your behalf. WowWee has the right to impose reasonable conditions before providing such information. Any information supplied by WowWee or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Application or used for any other act which infringes WowWee or its licensors’ copyright.
17. Limitation of Liability for Users Residing in Germany and Austria.
If you obtained the Application in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions of this Section 17, WowWee’s statutory liability for damages shall be limited as follows: (a) WowWee shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the License in respect of damages caused by a slightly negligent breach of a material contractual obligation and (b) WowWee shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Application and your computer data subject to the provisions of this License.
Supplemental Terms For Apple iPhone, iPod Touch and iPad Users
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. (“Apple”) iPhone, iPod touch and/or iPad products (collectively, “Apple Devices”):
A. Through your purchase, provided that you comply with the terms of this License, you are acquiring and WowWee grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application on authorized Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions. This License does not entitle you to receive from WowWee hard-copy documentation, support, telephone assistance or enhancements or updates to the Application.
B. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Application.
C. Apple shall not be responsible for any claims by you or any third party in relation to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party.
D. You represent and warrant that 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 supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
E. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.