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Program Agreement

Page 1

PLEASE READ THE FOLLOWING APPLE DEVELOPER PROGRAM LICENSE AGREEMENT

TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE

SOFTWARE OR APPLE SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A

LEGAL AGREEMENT BETWEEN YOU AND APPLE.

Apple 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. Apple is willing to grant You a limited license to

use the Apple Software and Services provided to You under this Program to develop and test

Your Applications on the terms and conditions set forth in this Agreement.

Applications developed under this Agreement for iOS Products, Apple Watch, or Apple TV can be

distributed in four ways: (1) through the App Store, if selected by Apple, (2) through the B2B

Program area of the App Store, if selected by Apple, (3) on a limited basis for use on Registered

Devices (as defined below), and (4) for beta testing through TestFlight. Applications developed

for macOS can be distributed through the App Store, if selected by Apple, or separately

distributed under this Agreement.

Applications that meet Apple's Documentation and Program Requirements may be submitted for

consideration by Apple for distribution via the App Store, B2B Program, or for beta testing through

TestFlight. If submitted by You and selected by Apple, Your Applications will be digitally signed

by Apple and distributed, as applicable. Distribution of free (no charge) Applications (including

those that use the In-App Purchase API for the delivery of free content) 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 for the

delivery of fee-based content, You must enter into a separate agreement with Apple (“Schedule

2”). If You would like to distribute Applications via the B2B Program, You must enter into a

separate agreement with Apple (“Schedule 3”). You may also create Passes (as defined below)

for use on Apple-branded products running iOS or watchOS under this Agreement and distribute

such Passes for use by Wallet.

1. Accepting this Agreement; Definitions

1.1 Acceptance

In order to use the Apple Software and Services, You must first accept this Agreement. If You do

not or cannot accept this Agreement, You are not permitted to use the Apple Software or

Services. Do not download or use the Apple Software or Services in that case. You accept and

agree to the terms of this 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.

1.2 Definitions

Whenever capitalized in this Agreement:

“Ad Support APIs” means the Documented APIs that provide the Advertising Identifier and

Advertising Preference.

“Advertising Identifier” means a unique, non-personal, non-permanent identifier provided by

iOS or tvOS through the Ad Support APIs that is associated with a particular iOS Product or

Program Agreement

Page 2

Apple TV and is to be used solely for advertising purposes, unless otherwise expressly approved

by Apple in writing.

“Advertising Preference” means the iOS or tvOS setting that enables an end-user to set an ad

tracking preference.

“Agreement” means this Apple Developer Program License Agreement, including any

attachments, Schedule 1 and any exhibits thereto which are hereby incorporated by this

reference. For clarity, this Agreement supersedes the iOS Developer Program License

Agreement (including any attachments, Schedule 1 and any exhibits thereto), the Safari

Extensions Digital Signing Agreement, the Safari Extensions Gallery Submission Agreement, and

the Mac Developer Program License Agreement.

“App Store” means an electronic store and its storefronts branded, owned, and/or controlled by

Apple, or an Apple Subsidiary or other affiliate of Apple, through which Licensed Applications may

be acquired.

“Apple” means Apple Inc., a California corporation with its principal place of business at One

Infinite Loop, Cupertino, California 95014, U.S.A.

“Apple Certificates” means the Apple-issued digital certificates provided to You by Apple under

the Program.

“Apple Maps Service” means the mapping platform and Map Data provided by Apple via the

MapKit API for iOS version 6 or later and for use by You only in connection with Your

Applications.

“Apple Pay APIs” means the Documented APIs that enable end-users to send payment

information they have stored on a supported Apple-branded product to an Application to be used

in payment transactions made by or through the Application, and includes other payment-related

functionality as described in the Documentation.

“Apple Pay Payload” means a customer data package passed through the Apple Software and

Apple Pay APIs as part of a payment transaction (e.g., name, email, billing address, shipping

address, and device account number).

“Apple Push Notification Service” or “APN” means the Apple Push Notification service that

Apple may provide to You to enable You to transmit Push Notifications to Your Application or for

use as otherwise permitted herein.

“APN API” means the Documented API that enables You to use the APN to deliver a Push

Notification to Your Application or for use as otherwise permitted herein.

“Apple Services” or “Services” means the developer services that Apple may provide or make

available through the Apple Software or as part of the Program for use with Your Covered

Products or development, including any Updates thereto (if any) that may be provided to You by

Apple under the Program.

“Apple Software” means Apple SDKs, iOS, watchOS, tvOS, and/or macOS, the Provisioning

Profiles, FPS SDK, FPS Deployment Package, and any other software that Apple provides to You

under the Program, including any Updates thereto (if any) that may be provided to You by Apple

under the Program.

“Apple SDKs” means the Apple-proprietary Software Development Kits (SDKs) provided

hereunder, including but not limited to header files, APIs, libraries, simulators, and software

(source code and object code) labeled as part of iOS, watchOS, tvOS, or Mac SDK and included

Program Agreement

Page 3

in the Xcode Developer Tools package for purposes of targeting Apple-branded products running

iOS, watchOS, tvOS, or macOS, respectively.

“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, B2B Program or TestFlight including

without limitation Apple Pty Limited, iTunes S.à.r.l., Apple Canada, and iTunes K.K.

“Apple TV” means an Apple-branded product that runs the tvOS.

“Apple Watch” means an Apple-branded product that runs the watchOS.

“Application” means one or more software programs (including extensions, media, and Libraries

that are enclosed in a single software bundle) developed by You in compliance with the

Documentation and the Program Requirements, for distribution under Your own trademark or

brand, and for specific use with an Apple-branded product running iOS, watchOS, tvOS, or

macOS, as applicable, including bug fixes, updates, upgrades, modifications, enhancements,

supplements to, revisions, new releases and new versions of such software programs.

“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 Apple Developer account with Apple, (b) have a demonstrable need to know or

use the Apple Software in order to develop and test Covered Products, 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 Confidential

Information.

“Authorized Test Units” means Apple-branded hardware units owned or controlled by You that

have been designated by You for Your own testing and development purposes under this

Program, and if You permit, Apple-branded hardware units owned or controlled by Your

Authorized Developers so long as such units are used for testing and development purposes on

Your behalf and only as permitted hereunder.

“Beta Testers” means end-users whom You have invited to sign up for TestFlight in order to test

pre-release versions of Your Application and who have accepted the terms and conditions of the

TestFlight Application.

“B2B Program” means the Apple program that offers third parties (who are accepted into the

B2B program) the ability to obtain volume purchases of Licensed Applications and/or customized

Licensed Applications through the B2B area of the App Store, or as otherwise permitted by Apple.

“CloudKit APIs” means the Documented APIs that enable Your Applications, Web Software,

and/or Your end-users (if You permit them) to read, write, query and/or retrieve structured data

from public and/or private containers in iCloud.

“Covered Products” means Your Applications, Libraries, Passes, Safari Extensions, Safari Push

Notifications, and/or FPS implementations developed under this Agreement.

“DeviceCheck APIs” means the set of APIs, including server-side APIs, that enable You to set

and query two bits of data associated with a device and the date on which such bits were last

updated.

“DeviceCheck Data" means the data stored and returned through the DeviceCheck APIs.

“Documentation” means any technical or other specifications or documentation that Apple may

Program Agreement

Page 4

provide to You for use in connection with the Apple Software, Apple Services, Apple Certificates,

or otherwise as part of the Program.

“Documented API(s)” means the Application Programming Interface(s) documented by Apple in

published Apple Documentation and which are contained in the Apple Software.

“Face Data” means information related to human faces (e.g., face mesh data, facial map data)

that is obtained from a user’s device and/or through the use of the Apple Software (e.g., through

ARKit, the Camera APIs, or the Photo APIs).

“FPS” or “FairPlay Streaming” means Apple’s FairPlay Streaming Server key delivery

mechanism as described in the FPS SDK.

“FPS Deployment Package” means the D Function specification for commercial deployment of

FPS, the D Function reference implementation, FPS sample code, and set of unique production

keys specifically for use by You with an FPS implementation, if provided by Apple to You.

“FPS SDK” means the FPS specification, FPS server reference implementation, FPS sample

code, and FPS development keys, as provided by Apple to You.

“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.

“Game Center” means the gaming community service and related APIs provided by Apple for

use by You in connection with Your Applications that are associated with Your developer account.

“HealthKit APIs” means the Documented APIs that enable reading, writing, queries and/or

retrieval of an end-user’s health and/or fitness information in Apple’s Health application.

“HomeKit Accessory Protocol” means the proprietary protocol licensed by Apple under Apple’s

MFi/Works with Apple Program that enables home accessories designed to work with the

HomeKit APIs (e.g., lights, locks) to communicate with compatible iOS Products, Apple Watch

and other supported Apple-branded products.

“HomeKit APIs” means the Documented APIs that enable reading, writing, queries and/or

retrieval of an end-user’s home configuration or home automation information from that end-

user’s designated area of Apple’s HomeKit Database.

“HomeKit Database” means Apple’s repository for storing and managing information about an

end-user’s Licensed HomeKit Accessories and associated information.

“iCloud” or “iCloud service” means the iCloud online service provided by Apple that includes

remote online storage.

“iCloud Storage APIs” means the Documented APIs that allow storage and/or retrieval of user-

generated documents and other files, and allow storage and/or retrieval of key value data (e.g., a

list of stocks in a finance App, settings for an App) for Applications and Web Software through the

use of iCloud.

“In-App Purchase API” means the Documented API that enables additional content, functionality

or services to be delivered or made available for use within an Application with or without an

additional fee.

Program Agreement

Page 5

“Intermediary Party” means a party that passes an Apple Pay end-user’s Apple Pay Payload to

a Merchant for processing such end-user’s payment transaction outside of an Application.

"iOS" means the iOS operating system software provided by Apple for use by You only in

connection with Your Application development and testing, including any successor versions

thereof.!

“iOS Product” means an Apple-branded product that runs iOS.!

“iPod Accessory Protocol” or “iAP” means Apple’s proprietary protocol for communicating with

iOS Products and which is licensed under the MFi/Works with Apple Program.

“iTunes Connect” means Apple’s proprietary online content management tool for Applications.

“Library” means a code module that cannot be installed or executed separately from an

Application and that is developed by You in compliance with the Documentation and Program

Requirements only for use with iOS Products, Apple Watch, or Apple TV.

“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 distribution, and includes any additional permitted functionality, content or services

provided by You from within an Application using the In-App Purchase API.

“Licensed Application Information” means screen shots, images, artwork, previews, icons

and/or any other 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 or Schedule 3.

“Licensed HomeKit Accessories” means hardware accessories licensed under the MFi/Works

with Apple Program that support the HomeKit Accessory Protocol.

“Local Notification” means a message, including any content or data therein, that Your

Application delivers to end-users at a pre-determined time or when Your Application is running in

the background and another application is running in the foreground.

"MFi Licensee" means a party who has been granted a license by Apple under the MFi/Works

with Apple Program.

“MFi/Works with Apple Accessory” or “MFi Accessory” means a non-Apple branded hardware

device that interfaces, communicates, or otherwise interoperates with or controls an Apple-

branded product using technology licensed under the MFi/Works with Apple Program (e.g., the

ability to control an iOS Product through the iPod Accessory Protocol).

“MFi/Works with Apple Program” means a separate Apple program that offers developers,

among other things, a license to incorporate or use certain Apple technology in or with hardware

accessories or devices for purposes of interfacing, communicating or otherwise interoperating

with or controlling select Apple-branded products.

“macOS” means the macOS operating system software, including any successor versions

thereof.

“Map Data” means any content, data or information provided through the Apple Maps Service

including, but not limited to, imagery, terrain data, latitude and longitude coordinates, transit data,

points of interest and traffic data.

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