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Excerpt: Blimp's Burden, Chapter VI =E2=80=94 The Psalms

Two young men steal a wheel of cheese. This is an excerpt from my novel project, Blimp's Burden, about a jaded software engineer who=E2=80=99s...

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iCloud Terms of Service

`The changes we have made to the terms and conditions include the following:

•Providing additional details about Services and Content Usage Rules.

•Providing details on how search results in the App Store, Apple Books and Apple Podcasts are generated.

Apple Media Services Terms and Conditions

These terms and conditions create a contract between you and Apple (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

TABLE OF CONTENTS

A. INTRODUCTION

B. PAYMENTS, TAXES, AND REFUNDS

C. ACCOUNT

D. PRIVACY

E. SERVICES AND CONTENT USAGE RULES

F. TERMINATION AND SUSPENSION OF SERVICES

G. DOWNLOADS

H. SUBSCRIPTIONS

I. CONTENT AND SERVICE AVAILABILITY

J. THIRD-PARTY DEVICES AND EQUIPMENT

K. YOUR SUBMISSIONS TO OUR SERVICES

L. FAMILY SHARING

M. SEASON PASS AND MULTI-PASS

N. ADDITIONAL APP STORE TERMS

O. ADDITIONAL TERMS FOR APP STORE, APPLE BOOKS, APPLE PODCASTS, AND SELECT CONTENT

P. ADDITIONAL APPLE MUSIC TERMS

Q. ADDITIONAL APPLE FITNESS+ TERMS

R. CARRIER MEMBERSHIP

S. MISC. TERMS APPLICABLE TO ALL SERVICES

A. INTRODUCTION

This Agreement governs your use of Apple’s services (“Services” – e.g., and where available, App Store, Apple Arcade, Apple Books, Apple Fitness+, Apple Music, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Podcasts Subscriptions, Apple TV, Apple TV+, Apple TV Channels, Game Center, iTunes), through which you can buy, get, license, rent or subscribe to content, Apps (as defined below), and other in-app services (collectively, “Content”). Content may be offered through the Services by Apple or a third party. Our Services are available for your use in your country or territory of residence (“Home Country”). By creating an account for use of the Services in a particular country or territory you are specifying it as your Home Country. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

B. PAYMENTS, TAXES, AND REFUNDS

You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Apple, and/or you and the entity providing the Content on our Services. However, if you are a customer of Apple Distribution International Ltd., then Apple Distribution International Ltd. is the merchant of record for some Content you acquire from Apple Books, Apple Podcasts, or App Store as displayed on the product page and/or during the acquisition process for the relevant Service. In such case, you acquire the Content from Apple Distribution International Ltd., which is licensed by the Content provider (e.g., App Provider (as defined below), book publisher, etc.). When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. On applicable hardware, if you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to authenticate all Transactions using facial recognition. Manage your password settings at any time by following these instructions: https://support.apple.com/HT204030.

Apple will charge your selected payment method for any paid Transactions, including any applicable taxes. If you have also added it to your Apple Wallet, Apple may charge your selected payment method in Apple Wallet using Apple Pay. You can associate multiple payment methods with your Apple ID, and you agree that Apple may store and charge those payment methods for Transactions. Your primary payment method appears at the top of your account settings payments page.

If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize Apple to attempt to charge your other eligible payment methods in order from top to bottom as they appear on your account settings payments page. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). In accordance with local law, Apple may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions. Terms related to store credit and gift cards/codes are available here: https://www.apple.com/legal/internet-services/itunes/giftcards/. For more details about how Transactions are billed, please visit http://support.apple.com/HT201359. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple. From time to time, Apple may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles Apple to a corresponding counterclaim.

C. ACCOUNT

Using our Services and accessing your Content may require an Apple ID. An Apple ID is the account you use across Apple’s ecosystem. Use of Game Center is subject to this Agreement and also requires a Game Center account. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Apple is not responsible for any losses arising from the unauthorized use of your account. Please contact Apple if you suspect that your account has been compromised.

You must be age thirteen (13) (or equivalent minimum age in your Home Country, as set forth in the Apple ID creation process) to create an account and use our Services. Apple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution, though certain devices may prevent such Apple IDs from accessing certain Services on the device. A parent or legal guardian who is creating an account for a minor should review this Agreement with the minor to ensure that they both understand it.

You may add, notify, or remove a Legacy Contact for your Apple ID as described in http://support.apple.com/HT212360. A Legacy Contact’s access to your Apple ID is limited as described in http://support.apple.com/HT212361.

D. PRIVACY

Your use of our Services is subject to Apple’s Privacy Policy, which is available at https://www.apple.com/legal/privacy/.

E. SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Apple may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

All Services:

• You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the App Store Content section below or as otherwise specified by Apple).

• Apple’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.

• You can use Content from up to five (5) different Apple IDs on each device.

• For any Service, you can have up to ten (10) devices (but only a maximum of five (5) computers) signed in with your Apple ID at one time, though simultaneous streams or downloads of Content may be limited to a lower number of devices as set out below under Apple Music and Apple TV content. Each computer must also be authorized using the same Apple ID (to learn more about authorization of computers, visit https://support.apple.com/HT201251). Devices can be associated with a different Apple ID once every ninety (90) days.

• You may not manipulate play counts, downloads, ratings, or reviews via any means — such as (i) using a bot, script, or automated process; or (ii) providing or accepting any kind of compensation or incentive.

• You may not use any software, device, automated process, or any similar or equivalent manual process to scrape, copy, or perform measurement, analysis, or monitoring of, any portion of the Content or Services.

• It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.

• You may not tamper with or circumvent any security technology included with the Services or Content.

• You may access our Services only using Apple’s software, and may not modify or use modified versions of such software.

• Video Content requires an HDCP connection.

Audio and Video Content Sales and Rentals:

• You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices that you own or control. DRM-protected Content can be used on up to five (5) computers and any number of devices that you sync to from those computers.

• Content rentals are viewable on a single device at a time, and must be played within thirty (30) days, and completed within forty-eight (48) hours of the start of play (stopping, pausing or restarting does not extend this period).

• You may burn an audio playlist of purchased music to disc for listening purposes up to seven (7) times; this limitation does not apply to DRM-free Content. Other Content may not be burned to disc.

• Purchased Content will generally remain available for you to download, redownload, or otherwise access from Apple. Though it is unlikely, subsequent to your purchase, Content may be removed from the Services (for instance, because the provider removed it) and become unavailable for further download or access from Apple. To ensure your ability to continue enjoying Content, we encourage you to download all purchased Content to a device in your possession and to back it up.

App Store Content:

• The term “Apps” includes apps and App Clips for any Apple platform and/or operating system, including any in-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in such apps or App Clips.

• Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) may download and sync non-Arcade Apps for use by either (i) a single individual on one (1) or more devices owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users requires a separate license.

Apple Music:

• An Individual Apple Music membership allows you to stream on a single device at a time; a Family membership allows you or your Family members to stream on up to six (6) devices at a time.
  

Apple Arcade:

• Apple Arcade Apps may only be downloaded, or redownloaded, with a valid Apple Arcade trial or subscription.

• If your subscription ends, Apps downloaded via Apple Arcade will no longer be accessible to you.

Apple TV Content:

• For most channels, you can stream video Content on up to three (3) devices simultaneously.

• Learn more about Apple TV Content Usage Rules at https://support.apple.com/HT210074.

F. TERMINATION AND SUSPENSION OF SERVICES

If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple may, without notice to you: (i) terminate this Agreement and/or your Apple ID, and you will remain liable for all amounts due under your Apple ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

Apple further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights.

G. DOWNLOADS

You may be limited in the amount of Content you may download, and some downloaded Content may expire after a given amount of time after downloaded or first played. Certain Content may not be available for download at all.

You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Apple ID (“Associated Devices”). You can see Content types available for Redownload in your Home Country at https://support.apple.com/HT204632. Content may not be available for Redownload if that Content is no longer offered on our Services.

Content also may be removed from our Services at any time (for instance, because the provider removed it), after which it cannot be downloaded, redownloaded, or otherwise accessed from Apple.

H. SUBSCRIPTIONS

The Services and certain Apps may allow you to purchase access to Content or Services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. To learn more about cancelling your subscriptions, visit https://support.apple.com/HT202039. You will be notified if the price of a Paid Subscription increases and, if required, your consent will be required to continue. You will be charged no more than twenty-four (24) hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period, as displayed on your receipt. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least twenty-four (24) hours before the free trial ends.

If you start a free trial to a Paid Subscription offered by Apple as Content provider (an “Apple Paid Subscription”) and cancel before it ends, you cannot reactivate the free trial.

Free trials or free offers to Apple Paid Subscriptions, excluding iCloud, cannot be combined with any free trials or offers of Apple One. If you are in a free trial or free offer for any Apple Paid Subscriptions, and you subscribe to Apple One, your free trial(s) or offer(s) will not be paused even if you have access to such Apple Paid Subscription(s) through your Apple One subscription. You acknowledge that your free trial or free offer may expire while you are a Paid Subscriber to Apple One, and Apple shall have no obligation to reinstate, reimburse, or otherwise compensate you for any part of such expired free trial or free offer.

When your Paid Subscription to any Service or Content ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.

I. CONTENT AND SERVICE AVAILABILITY

Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you. To see the Content types available to you in your Home Country, go to the Services or visit https://support.apple.com/HT204411. Certain Services and Content available to you in your Home Country may not be available to you when traveling outside of your Home Country.

J. THIRD-PARTY DEVICES AND EQUIPMENT

You may not be able to use all features of the Services when accessing them on a non-Apple-branded device. Additionally, certain Services may require, direct, or suggest you use third-party equipment in some circumstances and/or for certain activities; such use is subject to the terms and conditions of such equipment and should be made in accordance with the applicable manufacturer’s instructions. By using the Services, you agree that Apple may automatically download and install minor updates to its software on third-party equipment from time to time.

K. YOUR SUBMISSIONS TO OUR SERVICES

Our Services may allow you to submit or post materials such as comments, ratings and reviews, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time, and if we become aware of materials that violate our Submission Guidelines we will remove them. If you see materials that do not comply with the Submissions Guidelines, including any offensive, abusive, or illegal content, please let us know at reportaproblem.apple.com or by contacting Apple Support. Except to the extent prohibited by law, you hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing as well as to use the materials you submit for Apple internal purposes. Apple may monitor and decide to remove or edit any submitted material, including via automated content filters and/or human review.

Submissions Guidelines: You may not use the Services to:

• post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any third party;

• post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;

• post personal, private or confidential information belonging to others;

• request personal information from a minor;

• impersonate or misrepresent your affiliation with another person, or entity;

• post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

• post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;

• post a dishonest, abusive, harmful, misleading, or bad-faith rating or review, or a rating or review that is irrelevant to the Content being reviewed;

• plan or engage in any illegal, fraudulent, or manipulative activity.

L. FAMILY SHARING

The organizer of a Family (“Organizer”) must be eighteen (18) years (or the equivalent age of majority in their Home Country) or older and the parent or legal guardian of any Family member under age thirteen (13) (or the equivalent minimum age in their Home Country as set forth in the registration process). Apple devices are required for access to all of the Family Sharing features. Family Sharing allows eligible subscriptions to be shared among up to six (6) members of a Family. To learn more about Family Sharing visit: https://support.apple.com/en-us/HT201060.

Purchase Sharing: Family Sharing’s Purchase Sharing feature allows eligible Content to be shared among up to six (6) members of a Family. The Organizer invites other members to participate, and agrees to pay for all Transactions initiated by Family members. The Organizer’s eligible payment methods are used to pay for any Transaction initiated by a Family member (except when the Family member’s account has store credit, which is always used first). Family members are acting as agents for the Organizer when the Organizer’s eligible payment methods are used. The Organizer hereby agrees: (1) to pay for such Transactions; (2) that Transactions initiated by Family members are authorized; and (3) Transactions will be charged to eligible payment methods in the manner indicated in Section B above. Organizers are responsible for complying with their payment method contracts, and assume all risk related to sharing access to their eligible payment methods with Family members. A receipt or invoice for any Family member Transaction is sent to the initiating Family member and, if billed to the Organizer’s payment method, also to the Organizer.

Ask to Buy: Ask to Buy is a feature that allows an Organizer to approve Transactions initiated by a Family member under age eighteen (18) (or the equivalent age of majority in their Home Country). Content shared by Family members or acquired via content codes generally is not subject to Ask to Buy; content codes facilitating access to subscriptions are subject to Ask to Buy. The Organizer must be the parent or legal guardian of any Family member for whom Ask to Buy is activated. Ask to Buy is enabled by default for any Family member under the age of thirteen (13) (or the equivalent minimum age in their Home Country) and stays on until deactivated by the parent or legal guardian. If Ask to Buy is turned off after the Family member turns eighteen (18) years old (or reaches the age of majority in their Home Country), it cannot be turned on anymore. Ask to Buy does not require Purchase Sharing to be enabled.

Family Member changes: When a Family member leaves or is removed from the Family, the remaining Family members may no longer be able to access the former member’s Content, including Content acquired with the Organizer’s payment method.

Family Sharing Rules: You can only belong to one (1) Family at a time, and may join any Family no more than twice per year. You can change the Apple ID you associate with a Family no more than once every ninety (90) days. All Family members must share the same Home Country. Not all Content, including In-App Purchases, subscriptions, and some previously acquired Apps, are eligible for Purchase Sharing. Apple TV+, Apple TV Channels, Apple One Family, Apple One Premier, Apple Music Family, Apple Arcade, Apple News+, and Apple Fitness+ subscriptions are automatically enabled for Family Sharing. Subscriptions shared by a Family may be subject to Content usage limitations on a per subscription basis.

M. SEASON PASS AND MULTI-PASS

A Pass allows you to purchase and receive television Content as it becomes available. A Season Pass applies to television Content that has a limited number of episodes per season; a Multi-Pass applies to television Content that is available on an ongoing basis. The full price of a Season Pass or Multi-Pass is charged at the time of the Transaction. Season Pass or Multi-Pass Content is available for download up to ninety (90) days after the last episode becomes available. If a Content provider delivers to Apple fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Apple ID the retail value of the corresponding number of episodes that were not provided to Apple.

N. ADDITIONAL APP STORE TERMS (EXCLUDING APPLE ARCADE APPS)

LICENSE OF APP STORE CONTENT

App licenses are provided to you by Apple or a third party developer (“App Provider”). Apple acts as an agent for App Providers in providing the App Store and is not a party to the sales contract or user agreement between you and the App Provider. However, if you are a customer of Apple Distribution International Ltd., then the merchant of record is Apple Distribution International Ltd., which means that you acquire the App license from Apple Distribution International Ltd., but the App is licensed by the App Provider. An App licensed by Apple is an “Apple App;” an App licensed by an App Provider is a “Third Party App.” Any App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Apple or the App Provider provides an overriding custom license agreement (“Custom EULA”). Subject to local law, the App Provider of any Third Party App is solely responsible for its content and warranties, as well as any claims that you may have related to the Third Party App. You acknowledge and agree that Apple is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement. Certain Apps, such as stickers and iMessage apps, may not appear on the device springboard but can be accessed and used in the Messages app drawer.

IN-APP PURCHASES

Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App Purchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or using Touch ID or Face ID. You will be able to make additional In-App Purchases for fifteen (15) minutes without re-authenticating unless you have asked us to require a password for every purchase or have enabled Touch ID or Face ID. You can turn off the ability to make In-App Purchases by following these instructions: https://support.apple.com/HT201304.

APP MAINTENANCE AND SUPPORT

Apple is responsible for providing maintenance and support for Apple Apps only, or as required under applicable law. App Providers are responsible for providing maintenance and support for Third Party Apps.

APP BUNDLES

Some Apps may be sold together as a bundle (“App Bundle”). The price displayed with an App Bundle is the price you will be charged upon purchasing the App Bundle. The App Bundle price may be reduced to account for Apps you have already purchased or acquired, but may include a minimum charge to complete the App Bundle.

SEARCH RESULTS AND RANKINGS

When determining how to order the Apps in search results, the main parameters considered are the metadata provided by App Providers, how customers have engaged with the Apps and the App Store, and the popularity of the Apps in the App Store. These main parameters deliver the most relevant results to customer search queries.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the App Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the App Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The App Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application except as expressly permitted in this Agreement and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars ($250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. U.S. Government End Users. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; © you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

O. ADDITIONAL TERMS FOR APP STORE, APPLE BOOKS, APPLE PODCASTS, AND SELECT CONTENT

Some Content available in App Store, Apple Books, and Apple Podcasts (including Apple Podcasts Subscriptions) are acquired by you from the third-party provider of such Content (as displayed on the product page and/or during the acquisition process for the relevant Content), not Apple. In such case, Apple acts as an agent for the Content provider in providing the Content to you, and therefore Apple is not a party to the Transaction between you and the Content provider. However, if you are a customer of Apple Distribution International Ltd., then Apple Distribution International Ltd. is the merchant of record for the Content you acquire, but such Content is licensed by the Content provider. The Content provider reserves the right to enforce the terms of use relating to such Content. The Content provider is solely responsible for such Content, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Content.

When determining how to order search results in App Store, Apple Books, and Apple Podcasts, the main parameters considered are the metadata given by Content providers and how customers have engaged with the Content.

P. ADDITIONAL APPLE MUSIC TERMS

iCloud Music Library is an Apple Music feature that allows you to access your matched or uploaded songs, playlists and music videos acquired from Apple Music, the iTunes Store or another source (“iCloud Music Library Content”) on your Apple Music-enabled devices. iCloud Music Library is turned on automatically when you set up your Apple Music membership. iCloud Music Library collects information about your iCloud Music Library Content. This information is associated with your Apple ID, and compared to iCloud Music Library Content currently available on Apple Music. iCloud Music Library Content that is not matched is uploaded to Apple’s iCloud Music Library servers (in a format determined by Apple). You can upload up to one hundred thousand (100,000) songs. Songs acquired from the iTunes Store do not count against this limit. Songs that do not meet certain criteria (for example, excessively large files) or that are not authorized for your device are not eligible for iCloud Music Library. When you use iCloud Music Library, Apple logs information such as the tracks you play, stop or skip, the devices you use, and the time and duration of playback. You agree to use iCloud Music Library only for lawfully acquired content. iCloud Music Library is provided on an “AS IS” basis and could contain errors or inaccuracies. You should back up your data and information prior to using iCloud Music Library. If you are not an Apple Music member, you may purchase an iTunes Match subscription, which uses iCloud Music Library. When your Apple Music membership ends, you will lose access to your iCloud Music Library, including iCloud Music Library Content that is uploaded to iCloud Music Library servers.

Q. ADDITIONAL APPLE FITNESS+ TERMS

Apple Fitness+ is for entertainment and/or informational purposes only and is not intended to provide any medical advice.

R. CARRIER MEMBERSHIP

Where available, you may be offered to purchase a Service membership from your wireless carrier (a “Carrier Membership”). If you purchase a Carrier Membership, your carrier is the merchant of record, which means that you acquire the Service license from your carrier, which will bill you for the cost of your Service membership, but the Service is licensed and provided by Apple. Your purchase relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership must be directed to your carrier, not Apple. By using a Service through a Carrier Membership, you agree that your carrier may exchange your carrier account information, telephone number and subscription information with Apple, and that Apple may use this information to determine the status of your Carrier Membership.

S. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

DEFINITION OF APPLE

Depending on your Home Country, “Apple” means:

Apple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including Puerto Rico;

Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada;

Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico, Central or South America, or any Caribbean country or territory (excluding Puerto Rico);

iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;

Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or New Zealand, including in any of their territories or affiliated jurisdictions; and

Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.

CONTRACT CHANGES

Apple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

THIRD-PARTY MATERIALS

Apple is not responsible or liable for third party materials included within or linked from the Content or the Services.

USER SAFETY

You should always seek the advice of an appropriately qualified healthcare professional regarding (a) the safety and advisability of any given activity, or (b) any specific medical condition or symptoms.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Apple, its licensors and/or Content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, Apple TV, Apple TV+, Apple Arcade, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Fitness+, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

COPYRIGHT

Unless otherwise noted, Services and Content provided by Apple are copyrights of Apple Inc. and its subsidiaries.

If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Apple at the following locations:

• Third Party Apps: https://www.apple.com/legal/internet-services/itunes/appstorenotices/

• Apple Books: https://www.apple.com/legal/internet-services/itunes/applebooksnotices/

• Apple TV+ and Apple Fitness+: https://www.apple.com/legal/internet-services/itunes/appletvplusnotices/

• Apple News: https://www.apple.com/legal/internet-services/itunes/applenewsnotices/

• Ringtones: https://www.apple.com/legal/internet-services/itunes/ringtonestorenotices/

• All other Services (including but not limited to iTunes Store, Apple Music, and Apple Podcasts): https://www.apple.com/legal/internet-services/itunes/itunesstorenotices/

This is the fastest way for us to process your notification of claimed infringement. The slower method to reach our designated agent and to process your notification is to send a proper and complete notification of claimed infringement to the mailing address listed below.

Apple Inc.

Attn: Copyright Agent

One Apple Park Way

MS: 1IPL

Cupertino, CA 95014

Phone: 408.996.1010

Email: copyrightnotices@apple.com

Apple has adopted a policy to disable and/or terminate in appropriate circumstances the accounts of users who are found repeatedly to infringe or are repeatedly claimed to infringe the copyrights of others. As part of implementing such policy, Apple may in its sole discretion suspend, disable and/or terminate the accounts of users who have been identified as repeatedly engaging in infringing activities or for other related reasons.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

YOU AGREE THAT UNLESS REQUIRED BY APPLICABLE LAW, APPLE HAS NO RESPONSIBILITY TO CONTINUE MAKING CONTENT AVAILABLE TO YOU THROUGH OUR SERVICES, AND APPLE WILL NOT BE LIABLE TO YOU IF CONTENT, INCLUDING PURCHASED CONTENT, BECOMES UNAVAILABLE FOR DOWNLOAD, REDOWNLOAD, OR STREAMING.

IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE APPLE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE APPLE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT PURCHASED OR ACQUIRED THROUGH THE SERVICES.

APPLE IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.

WAIVER AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

GOVERNING LAW

Except to the extent expressly provided in the following paragraph or to the extent required by applicable law, this Agreement and the relationship between you and Apple, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; © you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and Apple and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Apple. You also may be subject to additional terms and conditions that may apply when you make Transactions or use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement.

Apple may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Apple may also contact you by email or push notification to send you additional information about the Services.

You hereby grant Apple the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).

Last Updated: September 18, 2023

`

iCloud Terms of Service

`Welcome to iCloud

THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE GOVERNS YOUR USE OF THE iCLOUD PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

Apple is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. iCloud is automatically enabled when you are running devices on iOS 9 or later and sign in with your Apple ID during device setup, unless you are upgrading the device and have previously chosen not to enable iCloud. You can disable iCloud in Settings. When iCloud is enabled, your content will be automatically stored by Apple on Apple's or third party providers' servers, so you can later access that content or have content wirelessly pushed to your other iCloud-enabled devices or computers.

I. REQUIREMENTS FOR USE OF THE SERVICE

A. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 13 years old and your Apple ID was provided to you as a result of a request by an approved educational institution or established as part of the Family Sharing feature by your parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.

To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.

B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Apple reserves the right to limit the number of iCloud accounts (“Accounts”) that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

C. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from backing up to iCloud, adding documents, or receiving new email sent to your iCloud email address. If your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to provide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service and Apple’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.

If you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other facility of iCloud to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Apple (or any Apple Subsidiary) your or any third party’s business associate.

D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Apple makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.

E. Changing the Service. Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that Apple will give you 30 days’ advance notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of Apple’s reasonable control. With respect to paid iCloud services, e.g. iCloud+ as defined below, Apple will not make any material adverse change to the Service before the end of your current paid term, unless a change is reasonably necessary to address legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event, war, or other similar occurrence outside of Apple’s reasonable control. In the event that Apple does make material adverse changes to the Service or terms of use, you will have the right to terminate this Agreement and your account, in which case Apple will provide you with a pro rata refund of any pre-payment for your then-current paid term. Apple shall not be liable to you for any modifications to the Service or terms of service made in accordance with this Section IE.

II. FEATURES AND SERVICES

A. Photos

1. iCloud Photos. When you enable iCloud Photos, your photos, videos, metadata and any edits that you make in the Photos App on your iOS device, macOS computer, or Windows PC will be automatically uploaded and stored in iCloud, and then pushed to all of your other iCloud Photos-enabled devices and computers. The photo and video resolution may vary depending on your device settings and available storage. You may download full resolution photos and videos at any time.

2. Shared Albums. When you use Shared Albums, Apple stores any photos and videos you share until you delete them. You can access your shared photos and videos from any of your Apple devices that have Shared Albums enabled. People you invite to shared albums may view, save, copy, and share these photos and videos, as well as contribute photos and videos, and comments. If you choose to use Shared Albums to share photos via a web link, these photos will be publicly available to anyone who has been provided or has access to the web link. If you want to stop sharing individual photos, videos, comments or entire Shared Albums, you may delete them at any time. However, any content previously copied from a Shared Album to another device or computer will not be deleted.

3. Shared Photo Library. If you have iCloud Photos enabled, you can create or join one Shared Library with up to five other people. When you contribute photos and videos to a Shared Photo Library, they move out of your Personal Library and into the Shared Library. All participants have equal permissions to add, edit, and delete content in the Shared Library. The participants in the Shared Library all have access to the Shared Library content but the Shared Library content only counts against the iCloud Storage quota of the person who created the Shared Library. If the library owner runs out of iCloud storage, content can no longer be added to the Shared Library and changes such as edits, favorites, and metadata adjustments no longer sync. Users who are under 13 (or equivalent minimum age in the relevant jurisdiction) with an Apple ID established by a parent or guardian can only participate in a Shared Photo Library with other Family members.

B. Folder and File Sharing. When you use iCloud Folder and File Sharing, Apple stores any files you share until you delete them. You can access your shared files from any of your Apple devices with iCloud Drive enabled. You may give access to people to view, save, copy or edit these files. You have the option to give people the right to edit the files or to only view them. If you use iCloud Folder and File Sharing to share files via a web link, these files will be publicly accessible to anyone who has been provided the web link. You can stop sharing files at any time. If you stop sharing, files will be removed from iCloud Drive on everyone’s devices. However, any file previously copied to another device or computer will not be deleted.

C. Mail Drop. If you are logged in to iCloud and you use the macOS Mail app or iCloud Mail on the web to send emails with large attachments, you will have the option of using Mail Drop. With Mail Drop, your large attachments will be temporarily stored on iCloud servers in order to facilitate their delivery. Apple will either send a link or a preview of the attachment to recipients, depending on your recipient’s email client application. Temporary storage of large email attachments will not count towards your iCloud storage quota. For more information about Mail Drop, please go to https://support.apple.com/en-us/HT203093.

D. Third Party Apps. If you sign in to certain third party apps with your iCloud credentials, you agree to allow that app to store data in your personal iCloud account and for Apple to collect, store and process such data on behalf of the relevant third-party app developer in association with your use of the Service and such apps. The data that the app stores in your personal iCloud account will count towards your storage limit. Such data may be shared with another app that you download from the same app developer.

E. Family Sharing. With Family Sharing, you can share certain purchased content such as Store purchases and Apple subscriptions with members of your family. You may also share certain content such as photos, calendars, location, and screen time information depending on what your family chooses to share. You may also share certain subscriptions and in-app purchases from third parties. For more information regarding sharing your content purchases, please see the Apple Media Services Terms and Conditions at https://www.apple.com/legal/internet-services/itunes/ww/. For more information about sharing content, device usage and location information with family members, please see https://www.apple.com/family-sharing/.

F. iCloud Web-Only Account. If you sign up for the Service with a web-only account on a non-Apple-branded device or computer, you will have access to only a limited set of Service functionality. You will receive 1 GB of free storage and you will not be able to increase this amount with a web-only account. As a condition to accessing the Service with a web-only account, you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of the Service, limitations on use, availability, public beta, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in this Agreement relating to features not available for web-only users will not be applicable to you. These include, for example, use of location based services and payment of fees for iCloud storage upgrades. You further agree that if you subsequently access your web-only account from an Apple-branded device or Apple-branded computer, whether or not you own such device or computer, Apple may automatically upgrade your web-only account to a full iCloud account and provide all available functionality of the Service to you, including increased free storage capacity. If you choose to access your web-only account from an Apple-branded device or Apple-branded computer and you are subsequently upgraded to full functionality of the Service, you agree that all of the terms and conditions contained herein apply to your use of the Service. If you do not want to have a full iCloud account, do not sign in to your web-only account from an Apple-branded device or computer.

G. iCloud+. iCloud+ is a premium iCloud Subscription that includes access to additional storage and certain premium features (“iCloud+”). The subscription plans for iCloud+ are iCloud+ Subscriptions. Depending on the requirements of your location, you can obtain some or all of the following iCloud+ features if you have an iCloud+ Subscription or someone in your Family Sharing group has an iCloud+ Subscription and shares it with you:

1. Private Relay. Private Relay allows you to connect to and browse the web more privately and securely by encrypting your internet traffic and sending it through at least two internet relays. When using Private Relay some websites may not behave as expected, for example by showing content for the wrong region or requiring extra steps to sign in. You can enable or disable Private Relay from iCloud Settings at any time. Additionally, Private Relay may impact your internet provider’s ability to exempt your data usage from data caps and may result in additional charges from your internet provider. Private Relay may be initially available as a beta and, if so, it is a Beta Feature subject to the provisions of Section VI.C. (Public Beta).

2. Hide My Email. Hide My Email allows you to generate unique, random email addresses that will forward onto an email address of your choosing. Apple reserves the right to limit the number of email addresses available under this feature, or to terminate the use of an alias if the use violates the terms and conditions as set forth herein.

3. HomeKit Secure Video. HomeKit Secure Video in iCloud+ allows you to store video from compatible home security cameras in iCloud and view your footage remotely. HomeKit Secure Video requires a supported iCloud+ plan, compatible HomeKit-enabled security camera, and HomePod, Apple TV, or iPad running as a home hub. Certain iCloud+ plans may limit the number of cameras or video streams available to you.

4. Custom Email Domains. You can personalize your iCloud Mail address with a custom domain name (when available) and invite members of your family to use the same domain with their iCloud Mail accounts. Each person can have up to three email addresses per domain. Mail stored in iCloud counts toward your iCloud storage. If you run out of iCloud storage space, you will not be able to receive new messages at your custom email addresses until you make more storage space available. Apple reserves the right to refuse to personalize your iCloud Mail address with a custom domain name that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.

Some iCloud+ features are not available in all countries or regions.

H. Two-Factor Authentication and Autodialed Calls/Texts. If you choose to enable Two-Factor Authentication for your Apple ID, you consent to (a) provide Apple at least one telephone number; and (b) receive autodialed or prerecorded calls and text messages from Apple at any of the telephone numbers provided. We may place such calls or texts to (i) help keep your Account secure when signing in; (ii) help you access your Account when you’ve forgotten your password; or (iii) as otherwise necessary to service your Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you.

I. Help with Account Recovery. You can add one or more people as a recovery contact who can use their device to generate a code that can help you regain access to your account and data. The recovery contact must be over 13 years old (or equivalent minimum age in the relevant jurisdiction), have an Apple ID, two factor authentication, and an Apple device with device passcode enabled. They will not be able to get direct access to your account. It is your responsibility to keep your recovery contacts up to date.

J. Advanced Data Protection. With Advanced Data Protection, you can enable the use of end-to-end encryption to further protect additional categories of your data in iCloud, including your iCloud Backup, Photos, Notes, and files stored in iCloud Drive. To enable Advanced Data Protection, you must have two-factor authentication enabled for your Apple ID and a trusted device (devices on which you have signed into your Account using two-factor authentication) for that account with passcode or password enabled. In addition, you will also be required to generate a recovery key or designate at least one account recovery contact to help you regain access to your Account and data in the event you forget your Account password, do not have access to any of your trusted devices, and you have forgotten your device passcodes or passwords. You can change your recovery contacts at any time, but they must be over 13 years old (or equivalent minimum age where the recovery contact resides), have an Apple ID with two-factor authentication enabled, and have an Apple device set with a passcode or a password. Apple will not be able to help you recover data protected using Advanced Data Protection once it has been enabled, so it is your responsibility to keep your recovery key safe and/or your recovery contacts up to date. Apple shall bear no responsibility for your inability to access your account or data related to a failure to safeguard your recovery key or if your recovery contact is unable or unwilling to help you regain access to your Account and data. Managed Apple IDs and Child accounts are ineligible for Advanced Data Protection. You may turn off Advanced Data Protection at any time.

K. Security Keys. Security Keys allows you to require a physical security key to be used to sign in with your Apple ID. Security Keys requires that you have two-factor authentication enabled for your Apple ID, and that you use a FIDO certified third party security key as one of your two factors. Security Keys allows you to use a trusted device to add a new key or turn off Security Keys altogether to preserve access to your account. However, if you have lost all of your security keys as well as your trusted devices, you will lose access to your account permanently and Apple will not be able to help you regain access to your account or data. Apple shall bear no responsibility for your inability to access your account or data related to a failure to safeguard your physical security keys or if your physical security keys malfunction. Managed Apple IDs and child accounts are ineligible for Security Keys.

L. Digital Legacy. With Digital Legacy, you can choose to add one or more contacts to access and download certain data in your account after your death. If your designated contacts provide proof of death to Apple and have the required key, they will automatically obtain access to that certain account data and activation lock will be removed from all your devices. Thus, it is your responsibility to keep your Digital Legacy contacts up to date. You can learn more about Digital Legacy at http://support.apple.com/HT212360 and http://support.apple.com/HT212361.

M. Use of Location-Based Services

Apple and its partners and licensors may provide certain features or services that rely upon device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations. To provide such features or services, where available, Apple and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your Account and any devices registered thereunder, including but not limited to your Apple ID, device ID and name, and device type.

You may withdraw consent to Apple and its partners’ and licensors’ collection, use, transmission, processing and maintenance of location and Account data at any time by not using the location-based features and turning off Find My (including the predecessor apps Find My iPhone and Find My Friends, collectively referred to as “Find My”), or Location Services in Settings (as applicable) on your device. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Apple shall use reasonable skill and due care in providing the Service, but neither Apple nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.

N. Find My

When you enable iCloud and Location Services on a device running iOS 13, iPad OS or macOS Catalina or later, Find My (Find My iPhone for devices running iOS 8 through iOS 12) will be enabled automatically on that device and any Apple accessories paired with it. Once enabled, your device will be automatically linked to your Apple ID and your Apple ID password will be required before anyone (including you) can turn off Find My, sign out of iCloud, erase or activate the device. Apple and its authorized agents may not perform hardware or software support services, including services under Apple’s limited warranty, unless you disable Find My prior to service. Apple shall bear no responsibility for your failure to protect your iOS device with a passcode, enable Lost Mode, and/or receive or respond to notices and communications. Apple shall also bear no responsibility for returning your iOS device to you or for any loss of data on your iOS device.

Find My Network is a crowdsourcing feature that can help you and others locate missing devices when those devices are not connected to the internet. If Find My Network is enabled on a device, it can detect the presence of nearby offline devices via Bluetooth (or similar technologies). If a device detects a missing offline device, it will use Wi-Fi or cellular connections to securely report the approximate location of the device back to the Apple ID associated with the device so the owner can view its location in the Find My app. Location reporting is end-to-end encrypted, and Apple cannot see the location of the reporting device or any offline device. You can disable Find My Network in Settings.

O. Backup

iCloud Backup periodically creates automatic backups for iOS devices, when the device is screen locked, connected to a power source, and connected to the Internet via a Wi-Fi network. If a device has not backed up to iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete any backups associated with that device. Backup may include device settings, device characteristics, photos and videos, documents, your messages, ringtones, Health app data and other app data. For additional information, please go to https://support.apple.com/en-us/HT207428. The following content is not included in your iCloud backup: content purchased from the iTunes Store, App Store, or Apple Books, media synced from your computer, and your photo library if you have enabled iCloud Photo Library. Apple shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data.

III. SUBSCRIPTION UPGRADES

The iCloud+ Subscription plans are available for purchase on a subscription basis.

A. Payment

By you upgrading to the iCloud+ Subscription service for more storage and additional features, Apple will automatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the payment method associated with your Apple ID (e.g., the payment method you use to shop on the iTunes Store, App Store, or Apple Books, if available) or the payment method associated with your Family account. For details about plans and pricing, please visit https://support.apple.com/en-us/HT201238. If you are a Family organizer, you agree to have Apple charge your payment method on a recurring basis for members of your Family who upgrade their plan. Apple may also obtain preapproval for an amount up to the amount of the transaction and contact you periodically by email to the email address associated with your Apple ID for billing reminders and other subscription account-related communications.

You can change your subscription by upgrading or downgrading your plan under the iCloud section of Settings on your device, or under the iCloud pane of System Preferences on your Mac or iCloud for Windows on your PC.

The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Apple is unable to successfully charge your credit card or payment account for fees due, Apple reserves the right to revoke or restrict access to your stored content, delete your stored content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section of iCloud; this may temporarily disrupt your access to the Services while Apple verifies your new payment information. We may contact you via email regarding your account, for reasons including, without limitation, reaching or exceeding your storage limit of your selected plan.

If you are in Brazil, notwithstanding anything herein to the contrary:

For any charges made by Apple to you, Apple may use an affiliated company to perform activities of collection and remittances to charge any amounts owed by you in connection with your iCloud account. In addition, your total price will include the price of the upgrade plus any applicable credit card fees. You are responsible for any taxes applicable to you except for any applicable withholding taxes which shall be collected by Apple’s affiliated company. You must provide all account information required by Apple to enable such transactions. You acknowledge and agree that if you do not provide all required account information, Apple shall have the right to terminate your account.

B. Right of Withdrawal

If you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan, following the commencement of any renewal term, you may do so by informing Apple with a clear statement (see applicable address details in section “General” below) within 14 days from when you received your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation.

To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.

Customers in the EU and Norway also have the right to inform us using the model cancellation form below:

To: Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland:

I hereby give notice that I withdraw from my contract for the following:

[SUBSCRIPTION PLAN AND PERIOD, e.g., 200 GB MONTHLY iCLOUD+ SUBSCRIPTION PLAN UPGRADE]

Ordered on [INSERT DATE]

Name of consumer

Address of consumer

Date

Effects of cancellation

We will reduce your storage back to 5 GB and reimburse you no later than 14 days from the day on which we receive your cancellation notice. If you have used more than 5GB of storage during this period, you may not be able to create any more iCloud backups or use certain features until you have reduced your storage. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

IV. Your Use of the Service

A. Your Account

As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.

In order to use the Service, you must enter your Apple ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Apple may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.

B. Use of Other Apple Products and Services

Particular components or features of the Service provided by Apple and/or its licensors, including but not limited to the ability to download previous purchases and iTunes Match and/or iCloud Music Library (additional fees apply), require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

C. No Conveyance

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email address, domain name, iChat ID, or similar resource used by you in connection with the Service.

D. No Right of Survivorship

Except as allowed under Digital Legacy and unless otherwise required by law, you agree that your Account is non-transferable and that any rights to your Apple ID or content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all content within your Account deleted. Contact iCloud Support at https://support.apple.com/icloud for further assistance.

E. No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

V. Content and Your Conduct

A. Content

“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Apple, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

B. Your Conduct

You agree that you will NOT use the Service to:

a. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

b. stalk, harass, threaten or harm another;

c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;

d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another iCloud user, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to reject or block any Apple ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;

g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);

h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;

i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

j. plan or engage in any illegal activity; and/or

k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

C. Removal of Content

You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

D. Back up Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing the Service, but Apple does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

E. Access to Account and Content

Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and any Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; © detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law. You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, consistent with Apple's privacy policy, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

F. Copyright Notice – DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Apple’s Copyright Agent as described in our Copyright Policy at https://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.

G. Violations of this Agreement

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to abuse@iCloud.com.

H. Content Submitted or Made Available by You on the Service

1. License from You. Except for material we may license to you, Apple does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.

2. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, Apple may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Apple to take any such actions.

3. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. A list of Apple’s trademarks can be found here – https://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

VI. Software

A. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

B. License From Apple. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

C. Public Beta. From time to time, Apple may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Apple, and that Apple is not obligated to provide you with any Beta Features. Apple may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Apple may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Apple may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Apple provides to you in order to receive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Apple will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Apple will be free to use any feedback you provide for any purpose.

D. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.

E. Updates. From time to time, Apple may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.

VII. Termination

A. Voluntary Termination by You

You may delete your Apple ID and/or stop using the Service at any time. If you wish to stop using iCloud on your device, you may disable iCloud from a device by opening Settings on your device, tapping iCloud, and tapping ”Sign Out”. To terminate your Account and delete your Apple ID, contact Apple Support at https://support.apple.com/contact. If you terminate your Account and delete your Apple ID, you will not have access to other Apple or third party products and services that you set up with that Apple ID. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.

B. Termination by Apple

Apple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; © a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, Apple will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Apple may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Apple’s reasonable control. In the event of such termination, Apple will provide you with a pro rata refund of any pre-payment for your then-current paid term. Apple shall not be liable to you for any modifications to the Service or terms of service in accordance with this Section VIIB.

C. Effects of Termination

Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.

VIII. Links and Other Third Party Materials

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR © DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTWITHSTANDING ANY OTHER TERMS IN THIS AGREEMENT, IF THE CONSUMER CONTRACT ACT OF JAPAN APPLIES, TERMS THAT LIMIT APPLE’S LIABILITY FOR DAMAGES ARISING FROM BREACH OF CONTRACT OR TORT COMMITTED BY APPLE SHALL NOT APPLY IF SUCH DAMAGE IS DUE TO APPLE’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

INDEMNIFICATION

To the extent not prohibited by law, you agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; © any violation by you of this Agreement; (d) any action taken by Apple, acting reasonably, as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision, acting reasonably, to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

X. GENERAL

A. Notices

Apple may provide you with notices regarding the Service, including changes to this Agreement, by email to your iCloud email address (and/or other alternate email address associated with your Account if provided), iMessage or SMS, by regular mail, or by postings on our website and/or the Service.

If you are located in India, pursuant to “The Information Technology (Guidelines for Intermediaries) Rules, 2021”, please refer your grievance/complaint to the following grievance officer:

For matters relevant under “Intermediary Guidelines”:

Grievance Officer: Nikhil Pai

Webform: Apple.co/IndiaGrievanceIntermediaries

Important Note:
Please note that only the grievances falling within the Information Technology (Intermediary Guidelines) Rules, 2021, pertaining to iCloud will be addressed via the links to the grievance officer webform.

B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; © you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

If you are a citizen of Japan, the governing law shall be Japanese law and the forum shall be Tokyo, Japan.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

C. Entire Agreement

This Agreement constitutes the entire agreement between you and Apple, governs your use of the Service and completely replaces any prior agreements between you and Apple in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

D. “Apple” as used herein means:

• Apple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including Puerto Rico;

• Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada;

• Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico, Central or South America, or any Caribbean country or territory (excluding Puerto Rico);

• iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan.

• Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or New Zealand, including in any of their territories or affiliated jurisdictions; and

• Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.

ELECTRONIC CONTRACTING

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

E. Privacy

Your use of the Service is subject to Apple’s Privacy Policy, which is available at https://www.apple.com/legal/privacy/.

Last revised: September 18, 2023
`

The route covers a distance of 190 miles and is estimated to take 4 hours and 28 minutes to complete. The route starts at QuikTrip, 10793 Page Ave Saint Louis MO 63132 United States, and the first destination is the Gateway Arch, which is 15 miles away and takes approximately 34 minutes to reach. From here, the next destination is St. Charles Flying Service, which is 33 miles away and takes approximately 47 minutes to reach.

The final destination is 1305 Valley Creek Ln Columbia MO 65202 United States, which is 44 miles away and takes approximately 57 minutes to reach. The route includes various turns and exits, including a left turn onto N Leonor K Sullivan Blvd, a right turn onto Lumiere Place Blvd, and a left turn onto MO-N. We also noticed that the speed has been increased by 5% in the settings, which would help to reduce travel time.

David Blue

+1 (573) 823-4380  bilge.world

On Aug 17, 2023 at 23:52 -0500, David Blue <davidblue@extratone.com>, wrote:

inRoute

Route

082292023-235103​

Distance

190 mi

Expected Travel Time

4hrs, 28min

Route Type

Driving

Notices

Speed increased 5% in Settings.

Route: 082292023-235103​

QuikTrip

10793 Page Ave Saint Louis MO 63132 United States

Depart: Thu, 8/17/23, 23:48 (CDT)

Next: Gateway Arch

From here: 15 mi, 34min

0 ft

Proceed to the route

161 ft

Turn right onto Page Ave

92 ft

Turn left onto Page Ave

2.1 mi

Turn right onto Woodson Rd

1.9 mi

Keep left at N McKnight Rd

43 ft

Turn left onto Delmar Blvd

2.4 mi

Turn right onto Big Bend Blvd

0.4 mi

Turn left onto Forest Park Pkwy

4.5 mi

Keep left at Forest Park Ave

0.4 mi

Keep left at Market St

781 ft

Turn right onto S Compton Ave

0.5 mi

Turn left onto MO-100

2.4 mi

Turn left onto MO-100

0.7 mi

Arrive at the destination

157 ft

The waypoint is on your left. Then, turn around when possible.

Gateway Arch

11 N Fourth St St. Louis MO 63102 United States

Arrive: Fri, 8/18/23, 00:22 (CDT)

From Start: 15 mi, 34min

Next: St. Charles Flying Service

From here: 33 mi, 47min

157 ft

Turn left onto N Leonor K Sullivan Blvd

0.4 mi

Turn left onto Morgan St

0.2 mi

Turn right onto Lumiere Place Blvd

548 ft

Keep right at Lumiere Place Blvd toward Broadway

6.2 mi

Turn left onto Halls Ferry Rd

0.9 mi

At the roundabout take the second exit onto MO-367

6.6 mi

Keep left at Lewis and Clark Blvd

3.4 mi

Turn left onto MO-94

13 mi

Turn right onto Rees Rd

1.6 mi

Turn left onto Portage Rd

0.7 mi

Turn left onto St Charles County Airport

223 ft

The waypoint is on your left. Then, turn around when possible.

St. Charles Flying Service

6016 Portage Rd Portage Des Sioux MO 63373 United States

Arrive: Fri, 8/18/23, 01:10 (CDT)

From Start: 49 mi, 1hr, 22min

Next: Red's Gas

From here: 97 mi, 2hrs, 8min

223 ft

Turn left onto Portage Rd

0.3 mi

Turn left onto Grafton Ferry Rd

2 mi

Turn right onto MO-94

4 mi

Bear right at MO-94

4.4 mi

At the roundabout take the second exit onto MO-94

1 mi

Turn right onto MO-94

0.6 mi

Turn left onto N Kingshighway St

3.9 mi

Bear right at N Saint Peters Pkwy toward Heritage Crossing

3.6 mi

Turn right onto MO-N

2.4 mi

Turn right onto MO-N

0.7 mi

Turn left onto MO-N

5.2 mi

Turn left onto MO-N

0.3 mi

Turn right onto MO-N

2 mi

Turn left onto MO-N

12 mi

Turn right onto MO-M

9.8 mi

Bear left at MO-U

12 mi

Turn right onto MO-94

14 mi

Turn right onto MO-19

14 mi

Turn left onto Tree Farm Rd

4.7 mi

Turn right onto MO-J

0.2 mi

The waypoint is on your left. Then, turn around when possible.

Red's Gas

2249 RT-161 New Florence MO 63361 United States

Arrive: Fri, 8/18/23, 03:18 (CDT)

From Start: 146 mi, 3hrs, 30min

Next: 1305 Valley Creek Ln

From here: 44 mi, 57min

Red's Gas

https://www.gasbuddy.com/station/132721

2249 RT-161

New Florence, MO 63361

United States

https://www.facebook.com/redsgasdanvillemo

6.2 mi

Turn right onto MO-N

0.2 mi

Turn left onto Old US Highway 40

9.9 mi

Turn left onto MO-A

3.1 mi

Turn right onto MO-JJ

1.7 mi

Turn left onto Old US Highway 40

19 mi

Turn right onto MO-Z

0.8 mi

At the roundabout take the second exit onto E Saint Charles Rd

1.4 mi

At the roundabout take the second exit onto E Saint Charles Rd

1.2 mi

At the roundabout take the second exit onto E Saint Charles Rd

0.3 mi

At the roundabout take the third exit onto Clark Ln

0.3 mi

Turn right onto Valley Creek Ln

154 ft

The destination is on your left

1305 Valley Creek Ln

1305 Valley Creek Ln Columbia MO 65202 United States

Arrive: Fri, 8/18/23, 04:16 (CDT)

Completed: 190 mi, 4hrs, 28min

David Blue

+1 (573) 823-4380  bilge.world

On Aug 17, 2023 at 23:52 -0500, David Blue <davidblue@extratone.com>, wrote:

inRoute

Route

082292023-235103​

Distance

190 mi

Expected Travel Time

4hrs, 28min

Route Type

Driving

Notices

Speed increased 5% in Settings.

Route: 082292023-235103​

QuikTrip

10793 Page Ave Saint Louis MO 63132 United States

Depart: Thu, 8/17/23, 23:48 (CDT)

Next: Gateway Arch

From here: 15 mi, 34min

0 ft

Proceed to the route

161 ft

Turn right onto Page Ave

92 ft

Turn left onto Page Ave

2.1 mi

Turn right onto Woodson Rd

1.9 mi

Keep left at N McKnight Rd

43 ft

Turn left onto Delmar Blvd

2.4 mi

Turn right onto Big Bend Blvd

0.4 mi

Turn left onto Forest Park Pkwy

4.5 mi

Keep left at Forest Park Ave

0.4 mi

Keep left at Market St

781 ft

Turn right onto S Compton Ave

0.5 mi

Turn left onto MO-100

2.4 mi

Turn left onto MO-100

0.7 mi

Arrive at the destination

157 ft

The waypoint is on your left. Then, turn around when possible.

Gateway Arch

11 N Fourth St St. Louis MO 63102 United States

Arrive: Fri, 8/18/23, 00:22 (CDT)

From Start: 15 mi, 34min

Next: St. Charles Flying Service

From here: 33 mi, 47min

157 ft

Turn left onto N Leonor K Sullivan Blvd

0.4 mi

Turn left onto Morgan St

0.2 mi

Turn right onto Lumiere Place Blvd

548 ft

Keep right at Lumiere Place Blvd toward Broadway

6.2 mi

Turn left onto Halls Ferry Rd

0.9 mi

At the roundabout take the second exit onto MO-367

6.6 mi

Keep left at Lewis and Clark Blvd

3.4 mi

Turn left onto MO-94

13 mi

Turn right onto Rees Rd

1.6 mi

Turn left onto Portage Rd

0.7 mi

Turn left onto St Charles County Airport

223 ft

The waypoint is on your left. Then, turn around when possible.

St. Charles Flying Service

6016 Portage Rd Portage Des Sioux MO 63373 United States

Arrive: Fri, 8/18/23, 01:10 (CDT)

From Start: 49 mi, 1hr, 22min

Next: Red's Gas

From here: 97 mi, 2hrs, 8min

223 ft

Turn left onto Portage Rd

0.3 mi

Turn left onto Grafton Ferry Rd

2 mi

Turn right onto MO-94

4 mi

Bear right at MO-94

4.4 mi

At the roundabout take the second exit onto MO-94

1 mi

Turn right onto MO-94

0.6 mi

Turn left onto N Kingshighway St

3.9 mi

Bear right at N Saint Peters Pkwy toward Heritage Crossing

3.6 mi

Turn right onto MO-N

2.4 mi

Turn right onto MO-N

0.7 mi

Turn left onto MO-N

5.2 mi

Turn left onto MO-N

0.3 mi

Turn right onto MO-N

2 mi

Turn left onto MO-N

12 mi

Turn right onto MO-M

9.8 mi

Bear left at MO-U

12 mi

Turn right onto MO-94

14 mi

Turn right onto MO-19

14 mi

Turn left onto Tree Farm Rd

4.7 mi

Turn right onto MO-J

0.2 mi

The waypoint is on your left. Then, turn around when possible.

Red's Gas

2249 RT-161 New Florence MO 63361 United States

Arrive: Fri, 8/18/23, 03:18 (CDT)

From Start: 146 mi, 3hrs, 30min

Next: 1305 Valley Creek Ln

From here: 44 mi, 57min

Red's Gas

https://www.gasbuddy.com/station/132721

2249 RT-161

New Florence, MO 63361

United States

https://www.facebook.com/redsgasdanvillemo

6.2 mi

Turn right onto MO-N

0.2 mi

Turn left onto Old US Highway 40

9.9 mi

Turn left onto MO-A

3.1 mi

Turn right onto MO-JJ

1.7 mi

Turn left onto Old US Highway 40

19 mi

Turn right onto MO-Z

0.8 mi

At the roundabout take the second exit onto E Saint Charles Rd

1.4 mi

At the roundabout take the second exit onto E Saint Charles Rd

1.2 mi

At the roundabout take the second exit onto E Saint Charles Rd

0.3 mi

At the roundabout take the third exit onto Clark Ln

0.3 mi

Turn right onto Valley Creek Ln

154 ft

The destination is on your left

1305 Valley Creek Ln

1305 Valley Creek Ln Columbia MO 65202 United States

Arrive: Fri, 8/18/23, 04:16 (CDT)

Completed: 190 mi, 4hrs, 28min

If you haven't already set up your connection to chat.remark.as, use this command:

/server add remark chat.remark.as/6697 -ssl

If you have already set up a connection to chat.remark.as, or if that command fails with a message like irc: server "remark" already exists, can't add it!, then use these commands to ensure that SSL/TLS is enabled for your connection:

/set irc.server.remark.addresses "chat.remark.as/6697"
/set irc.server.remark.ssl on

Now, configure SASL with the credentials found on this page (when authenticated:)

/set irc.server.remark.sasl_mechanism PLAIN
/set irc.server.remark.sasl_username <nickname>
/set irc.server.remark.sasl_password <password>
/save

Discuss...

#snippets #as

<font color=“#da2573” face=“Helvetica Neue” style=“font-size: 18px;”><b><i><a href=”https://extratone.com”>Extratone</a></i></b></font>

This is a hyperlink to the website of Extratone, a digital magazine that covers various topics and provides content in different formats. The text is stylized in a bright pink color and a bold, italicized font known as Helvetica Neue, which is a popular typeface used in many design projects due to its clean and modern look. The font size is set to 18 pixels, making it large enough to be legible on most screens.

Extratone

Welcome to TestFlight

TestFlight allows developers to test their apps

by inviting users to install test builds.

TestFlight Terms and Conditions

To use TestFlight, you must read and

agree to these terms.

Send by Email

Click to agree to the following two Agreements:

(A) TestFlight Terms of Service

Summary of Key Terms:

• Crash logs and statistical information related to your use of each Beta App will automatically be provided to Apple and the Application Provider as part of TestFlight.

• You may submit suggestions and ideas to the Application Provider of the Beta App.

• Beta Apps may crash and result in data loss in those Beta Apps.

• If you already have the full version of an app, installation of a Beta App may result in data loss.

• You can stop participating in a beta test for a Beta App by deleting the Beta App from your device.

---

Your use of the TestFlight service (“TestFlight”), including any beta testing of any pre-release applications for Mac, iPhone, iPad, Apple Watch, Apple TV, or other Apple-branded hardware downloaded through TestFlight (“Beta Apps”), is governed by the following terms and conditions (“TestFlight Terms of Service”). Except as specifically amended below, full Apple Media Services Terms and Conditions for your region apply and are hereby incorporated by reference, and defined terms shall have the meanings set forth in the Apple Media Services Terms and Conditions, except as noted herein. For the purpose of these TestFlight Terms of Service, the term “Licensed Application” shall include Beta Apps. See Apple Media Services Terms and Conditions: https://www.apple.com/legal/internet-services/itunes/.

Specific Terms for Beta-Testers

Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to use TestFlight. If you are 13 or the equivalent minimum age in the relevant jurisdiction or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the following terms.

TestFlight is designed to help third-party developers (“Application Providers”) beta-test and improve the performance of their pre-release applications for Mac, iPhone, iPad, Apple Watch, Apple TV, or other Apple-branded hardware and to provide beta-testers with Beta Apps. If an Application Provider authorizes you as a beta-tester and you choose to download the corresponding Beta App from the Application Provider via TestFlight, then conditioned on your compliance with these TestFlight Terms of Service, the Application Provider grants you a limited, non- exclusive, non-assignable, non-sublicensable license to access, download and use the Beta App for which you have been selected as a beta-tester and any related documentation available online, solely for beta- testing purposes for a limited time and subject to these TestFlight Terms of Service.

As between you and the Application Provider, and aside from the limited license set forth above, the Application Provider owns all right, title and interest in the Beta App, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, or disassemble any Beta App; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer any Beta App; © make any copy of or otherwise reproduce any Beta App; or (d) display any Beta App to unauthorized third parties without the Application Providerʼs authorization.

You agree to use reasonable efforts to beta-test any Beta App.

You acknowledge that you understand that Beta Apps are pre-release, alpha, or beta software and may be incomplete or could contain errors or inaccuracies. You should not use Beta Apps in a commercial operating environment or with important data. You should back up any data prior to using any Beta App on your Apple-branded device. Neither Apple nor the Application Provider shall be responsible for any costs, expenses or other liabilities you may incur as a result of using any Beta Apps, including but not limited to any damage, loss, or corruption of any software, information or data. Further, Beta Apps may not be compatible with production Apps. If you have a production version of a Beta App already installed on your Apple-branded device, you should back-up any data associated with such app prior to installing a beta version since data may be corrupted or lost between different versions of the same app. You expressly acknowledge and agree that any use of Beta Apps is done entirely at your own risk.

In addition, if you have the full version of an app installed on your device and you install the same Beta App, your app data may be corrupted or lost and may not be recoverable. You should back up your information before installing a Beta App. Solely for the purposes of testing a Beta App and only for the duration of such test, any in-app purchases made within the Beta App will be made available to you at no cost and such purchases will not be charged to your Account. If you purchase or download the App from the App Store, your data may not remain available from within the full version. We recommend that you back up your data before deleting the Beta App or purchasing the full version from the App Store.

Beta Apps provided by Apple and/or third-party developers may not be available in all languages or in all countries, and Apple makes no representation that the Beta Apps are appropriate or available for use in any particular location. To the extent you choose to access and use the Beta Apps through TestFlight, you do so at your own initiative and are responsible for compliance with any applicable laws. Beta Apps are time-limited and TestFlight may change, limit, or cease providing access to Beta Apps any time without notice or liability to you. You further understand and agree that certain information about a Beta App downloaded via TestFlight may not be available to you prior to download, including without limitation the Beta App's age rating, minimum hardware requirements, and the availability of items available for purchase within the Beta App (i.e. in-app purchases). By downloading a Beta App, you consent to using the Beta App without such information and disclosures.

You acknowledge and agree that you will not be compensated for evaluating any Beta App or for any Beta Input, and you will bear all of your own costs from using TestFlight and any Beta Apps (e.g., mobile carrier and data costs). Further, you hereby acknowledge and agree that the content contained in, and your use of, any Beta App that is not already publicly available shall be considered confidential unless the Application Provider explicitly authorizes public disclosure. You agree to hold the Beta App in confidence and to treat it as confidential, e.g., not share it with others who do not have the Beta App installed.

If you have a complaint about a Beta App, you should send it directly to the Application Provider. You acknowledge and agree that the Application Provider, not Apple, is fully responsible for any Beta App, unless Apple is the licensor of such Beta App.

Beta Testing Data and Beta Feedback

When you use a Beta App through TestFlight, Apple and the Application Provider will automatically collect crash logs and usage data (“Beta Testing Data”) and you may not opt-out of the collection of Beta Testing Data.

TestFlight will also provide you with the ability to submit written or visual feedback (e.g., screenshots and comments) about the Beta Apps to Apple and/or Application Providers (“Beta Feedback”). If you submit Beta Feedback, you acknowledge and agree that you do so at your own initiative and that the Application Provider (including Apple, if it is Appleʼs Beta App) will have the right to use your Beta Feedback as set forth below. You represent to the Application Provider that you have all the necessary rights to give the Beta Feedback and to grant the rights to the Application Provider.

The Application Provider may use the Beta Testing Data and Beta Feedback to improve their App and related products, and may contact you regarding your use of their Beta App. The Application Providerʼs use of Beta Testing Data and Beta Feedback is subject to limitations and requirements set forth by Apple in the Apple Developer Program License Agreement and to the Application Providerʼs Privacy Policy. Apple may use the Beta Testing Data to improve its products and services.

Beta Testing Data and Beta Feedback may include personally identifying information, including in the screenshots you provide, such as when a screenshot includes your photos or image and likeness, and information about your device, including but not limited to various unique device identifiers, hardware and operating system specifications, performance statistics, and data about how you use your device, system and application software, networking information, and peripherals. When you use TestFlight and the Beta App, details will be provided regarding what data is sent to Apple and the Application Provider, and how the information may be used. You can learn more by visiting https://testflight.apple.com/#privacy-data . At all times, Apple will handle your information in accordance with our Privacy Policy, which can be viewed at https://www.apple.com/legal/privacy/.

Apple is committed to diversity and to providing a safe, harassment-free experience for everyone. Beta Feedback should be respectful and should not include offensive, malicious, or derogatory writing, images, or screenshots.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF TESTFLIGHT AND ANY BETA APP ACQUIRED VIA TESTFLIGHT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. BETA APPS MAY HAVE SOFTWARE, SERVICE, AND OTHER ERRORS AND YOUR USE OF TESTFLIGHT AND/OR BETA APPS DOWNLOADED VIA TESTFLIGHT MAY NOT BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES OR OTHER MALICIOUS CODE AND MAY NOT STORE DATA ACCURATELY OR AT ALL. FEATURES AND FUNCTIONALITY OF TESTFLIGHT AND BETA APPS DOWNLOADED VIA TESTFLIGHT ARE SUBJECT TO CHANGE AND MAY CEASE TO BE AVAILABLE TO YOU AT ANY TIME WITH OR WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESTFLIGHT, BETA APPS ACQUIRED VIA TESTFLIGHT, AND ANY SERVICES PERFORMED OR PROVIDED BY TESTFLIGHT AND/OR SUCH BETA APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND THE APPLICATION PROVIDER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO TESTFLIGHT, THE BETA APPS, AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. APPLE AND THE APPLICATION PROVIDER DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF TESTFLIGHT AND/OR THE BETA APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY TESTFLIGHT AND/OR THE BETA APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BETA APP OR TESTFLIGHT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BETA APP OR TESTFLIGHT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BETA APP OR TESTFLIGHT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Termination

To terminate your participation in beta-testing a particular Beta App, delete the Beta App from your device. Deleting the Beta App from your device will also delete any data you have generated within that Beta App, and may delete any data created in a previously installed full version of the App. Deleting the Beta App will not delete Beta Testing Data or Beta Input that you, TestFlight, or the Beta App have already provided to the Application Provider and Apple. To request deletion of your personal information, contact the Application Provider or Apple directly. Apple and/or the Application Provider reserve the right to terminate your participation in the beta testing of any Beta App at any time, in their sole discretion. By way of example, this termination may occur if you provide Beta Feedback that contains offensive and inappropriate images to the Application Provider.

06/21/2023

(B) APPLE INC.

TESTFLIGHT SOFTWARE LICENSE AGREEMENT

TestFlight Application

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. ANY INSTALLATION AND/OR USE OF THE APPLE SOFTWARE ON THIS DEVICE OR ON YOUR OTHER SUPPORTED APPLE-BRANDED DEVICES IS SUBJECT TO THE TERMS OF THIS LICENSE, UNLESS ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE ON THIS DEVICE OR ON YOUR OTHER SUPPORTED APPLE-BRANDED DEVICES. THIS LICENSE SUPERSEDES ANY PRIOR VERSIONS OF THE LICENSE INTO WHICH YOU HAVE ENTERED.

1. General.
   

A. The Apple software, and any third-party software, documentation, interfaces, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you.

B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your compatible Apple-branded device. The Apple Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of macOS, iOS, tvOS, or other Apple-branded hardware. The terms of this License will govern any software upgrades or updates provided by Apple to the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.

1. Permitted License Uses and Restrictions.
   

A. License. Subject to the terms and conditions of this License and as permitted in the “Services and Content Usage Rules” set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/), you are granted a limited, non-transferable, non-exclusive license to install and use the Apple Software on any compatible Apple-branded device that you own or control in accordance with the terms of Section 2B. You may not distribute or make the Apple Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software.

B. Beta App Usage Terms. The Apple Software may allow you to access pre-release Apps from Apple and/or third-party developers that may or may not be identified with a mark (e.g., a colored dot) when loaded onto your Apple-branded device (“Beta Apps”). Your use of the Beta Apps will be in accordance with the latest Apple Media Services Terms and Conditions for the country in which you access the App Store as well as the TestFlight Terms of Service and any other terms or license included by Apple or a third-party developer (if any). The TestFlight Terms of Service will be presented to you for review and acceptance prior to your use or download of any Beta Apps.

C. Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software 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 the licensing terms governing use of any open sourced components included with the Apple Software). You agree to use the Apple Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software.

1. Consent to Use of Data.
   

A. Analytics Data. If you opt in to Analytics collection for the Apple Software (the TestFlight Application), you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third-party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third-party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.

B. Privacy Policy. At all times your information will be treated in accordance with the terms of this License and as described in Apple’s Privacy Policy, which can be viewed at: https://www.apple.com/legal/privacy/.

1. Pre-release Software.
   

Note: This Agreement applies to both commercial release and pre-release versions of the Apple Software, as applicable.

A. Using Pre-Release Apple Software. Pre-release versions of the Apple Software are time limited and meant for test and evaluation purposes only. Pre-release versions should not be relied upon to perform in the same manner as a final-release, commercial-grade product, nor should they be used with important data. Pre-release versions may contain inaccuracies or errors that could cause failures or loss of data and may be incomplete. Before installing any pre-release versions of the Apple Software, You should back up Your data and regularly back up your data while using.

B. Confidentiality. You agree that pre-release versions of the Apple Software will be deemed “Apple Confidential Information”; provided however that upon the commercial release of the Apple Software, such pre-release versions of the Apple Software will no longer be confidential. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, or (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation.

You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use Apple Confidential Information for any other purpose, for Your own or any third party’s benefit, without Apple's prior written consent. You may disclose Apple Confidential Information to the extent required by law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

1. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 2C, 3, 4, 5, 6, 7, 9, 10, and 11 of this License shall survive any such termination.

2. Disclaimer of Warranties.

A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AS WELL AS ANY CONTENT OR APPS DISPLAYED BY OR ACCESSED THROUGH THE APPLE SOFTWARE (COLLECTIVELY, THE “APPLE SOFTWARE” FOR PURPOSES OF SECTION 5 AND 6) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.

D. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

2. Export Control. You may not use or otherwise export or re-export the Apple Software except as authorized by United States law, the laws of the jurisdiction in which the Apple Software was obtained, and any other applicable laws and regulations. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or regions or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons or any other military end uses as defined in 15 C.F.R. § 744.

3. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

4. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

5. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done as a courtesy or for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

EA1835

06/21/2023

David Blue

In order to really create a new category of devices, those devices are going to have to be far better at doing some key tasks. They're going to have to be far better at doing some really important things better than the laptop [and] better than the smartphone.

1. Doing email.
2. Enjoying and sharing photographs.
3. Watching videos.
4. Enjoying your music collection.
5. Playing games.
6. Reading ebooks.

If there's going to be a third category of device, it's going to have to be better at these kinds of tasks than a laptop or a smartphone. Otherwise, it has no reason for being.

Discuss...

#spectacle #i