This agreement is between you and the Brio developer, not Apple Inc. (“Apple”).
The developer, rather than Apple, is responsible for the application and its
content, and for any maintenance or support required by law or expressly offered.
Apple has no obligation to provide maintenance or support for Brio.
If the application fails to conform to an applicable warranty, you may notify
Apple, and Apple will refund any purchase price paid for the application.
To the maximum extent permitted by law, Apple has no other warranty obligation.
Responsibility for other warranty-related claims, losses, or expenses rests with
the developer, subject to this agreement and applicable law.
The developer, not Apple, is responsible for addressing claims relating to Brio
or your possession or use of it, including product-liability claims, claims that
it fails to meet legal or regulatory requirements, and consumer-protection or
privacy claims. The developer is also responsible for the investigation, defense,
settlement, and discharge of third-party claims that the application infringes
intellectual property rights, to the extent required by applicable law.
You represent that you are not located in a country subject to a U.S. Government
embargo or designated by the U.S. Government as a “terrorist supporting” country,
and that you are not listed on a U.S. Government list of prohibited or restricted
parties. Applicable third-party terms must also be observed when using the application.
Apple and its subsidiaries are third-party beneficiaries of this agreement.
Upon your acceptance, they may enforce it against you in that capacity.
These provisions do not reduce rights provided by applicable law or conflict
with Apple’s applicable Usage Rules.