Date last revised: February 15, 2017
As used in this Agreement, the term "Sites" includes all MyB websites, pages that are associated or within each website and all devices, applications or services that Surprisingly Normal operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using MyB, you agree to be bound by the terms and conditions of this Agreement and MyB Privacy Statement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use MyB.
1. Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by Surprisingly Normal of MyB, you agree to be bound by this Agreement. The term “we” refers to Surprisingly Normal. If you wish to make use of MyB, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of MyB and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Surprisingly Normal.
Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
You can view MyB Privacy Statement here and on the Sites for MyB. You agree to the applicable MyB Privacy Statement, and any changes published by Surprisingly Normal. You agree that Surprisingly Normal may use and maintain your data according to the MyB Privacy Statement, as part of MyB. You give Surprisingly Normal permission to combine information you enter or upload for MyB with that of other users of MyB and/or other Surprisingly Normal services. For example, this means that Surprisingly Normal may use your and other users’ non-identifiable, aggregated data to improve MyB or to design promotions. Surprisingly Normal may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
3. Description of MyB
MyB is an electric vehicle monitoring and configuration service that allows you to view your electric vehicle charge and set departure time. MyB is provided to you by Surprisingly Normal without charge (it is free) and is meant to provide you with your information to allow you to manage your electric vehicle.
4. Account Information from Third Party Sites
Users may direct Surprisingly Normal to retrieve their own information maintained online by third-parties with which they have customer relationships or maintain accounts (“Account Information”). Surprisingly Normal works with one or more online service providers to access this Account Information. Surprisingly Normal does not review the Account Information for accuracy, legality or non-infringement. Surprisingly Normal is not responsible for the Account Information or products and services offered by or on third-party sites.
Surprisingly Normal cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Surprisingly Normal cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through MyB, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through MyB, in the manner prescribed in the associated instructions.
5. Your Use of MyB
Your right to access and use the Sites and MyB is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and MyB for lawful purposes. Accurate records enable Surprisingly Normal to provide MyB to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our configuration form, and you may not misrepresent your Account Information. In order for MyB to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of MyB will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of MyB.
Your access and use of MyB may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of MyB or other actions that Surprisingly Normal, in its sole discretion, may elect to take. In no event will Surprisingly Normal be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of MyB, including any associated software or other materials supplied in connection with such services, shall be for Surprisingly Normal to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Surprisingly Normal may include new and/or updated pre-release features and trial use (“Preview” features) MyB for your use and which permit you to provide feedback. You understand and agree that your use of Preview features is voluntary and Surprisingly Normal is not obligated to provide you with any Preview features. Furthermore, if you decide to use the Preview features you agree to abide by any rules or restrictions Surprisingly Normal may place on them. You understand that once you use the Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Preview feature back to the earlier version. The Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Preview features is at your sole risk.
6. Use With Your Mobile Device
Use of MyB may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. SURPRISINGLY NORMAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
7. Online and Mobile Alerts
Surprisingly Normal may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information.
You understand and agree that any alerts provided to you through MyB may be delayed or prevented by a variety of factors. Surprisingly Normal may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Surprisingly Normal shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts.
8. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Surprisingly Normal through MyB, you are licensing that content to Surprisingly Normal for the purpose of providing MyB. Surprisingly Normal may use and store the content in accordance with this Agreement and the MyB Privacy Statement. You represent that you are entitled to submit it to Surprisingly Normal for use for this purpose, without any obligation by Surprisingly Normal to pay any fees or be subject to any restrictions or limitations. By using MyB, you expressly authorize Surprisingly Normal to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the configuration feature of MyB, you will be directly connected to the website for the third party you have identified. Surprisingly Normal will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Surprisingly Normal to use and store information submitted by you to accomplish the foregoing and to configure MyB so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of MyB, you grant Surprisingly Normal a limited power of attorney, and appoint Surprisingly Normal as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SURPRISINGLY NORMAL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SURPRISINGLY NORMAL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that MyB is not sponsored or endorsed by any third parties accessible through MyB. Surprisingly Normal is not responsible for any MyB-related issues, including those issues that may arise from inaccurate account information.
9. Surprisingly Normal's Intellectual Property Rights
The contents of MyB, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of MyB belong or are licensed to Surprisingly Normal or its software or content suppliers. Surprisingly Normal grants you the right to view and use MyB subject to these terms. You may download or print a copy of information for MyB for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from MyB in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Sites or MyB or content in a manner that violates any applicable law, regulation or this Agreement.
10. Access and Interference
You agree that you will not:
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of MyB;
- Attempt to gain an unauthorized access to any portion of MyB.
11. Rules for Posting
As part of MyB, Surprisingly Normal may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Surprisingly Normal or by one of our third party service providers on Surprisingly Normal's behalf. You agree in posting content to follow certain rules.
- You are responsible for all content you submit, upload, post or store through MyB.
- You are responsible for all materials ("Content") uploaded, posted or stored through your use of MyB. You grant Surprisingly Normal a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of MyB. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Surprisingly Normal is not responsible for the Content or data you submit through MyB. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with MyB and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of MyB and under this Agreement.
- You agree not to use, nor permit any third party to use, MyB to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of MyB, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on MyB infrastructure or that negatively affects the availability of MyB to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through MyB are prohibited.
- You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of MyB, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
- MyB may include a community forum or other social features to exchange information with other users of MyB and the public. Surprisingly Normal does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Surprisingly Normal is not responsible.
12. Social media sites
13. Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MYB OR PROVIDED THROUGH MYB (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SURPRISINGLY NORMAL, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR OF MYB. YOU EXPRESSLY AGREE THAT YOUR USE OF MYB IS AT YOUR SOLE RISK.
NEITHER SURPRISINGLY NORMAL OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF MYB (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SURPRISINGLY NORMAL OR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH MYB IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 OF THIS PROVISION MAY NOT APPLY TO YOU.
14. Limitations on Surprisingly Normal's Liability
SURPRISINGLY NORMAL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF MYB, THE SITES OR THIS AGREEMENT, EVEN IF SURPRISINGLY NORMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SURPRISINGLY NORMAL'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $5.00 (FIVE UNITED STATES DOLLARS).
15. Your Indemnification of Surprisingly Normal
You shall defend, indemnify and hold harmless Surprisingly Normal and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of MyB.
16. Ending your relationship with MyB
This Agreement will continue to apply until terminated by either you or Surprisingly Normal (or any Surprisingly Normal affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for MyB, you may do so as follows:
To close your account, please use the directions below:
Send email to [email protected] asking to be removed from MyB. We will verify your account before deleting your data.
To remove MyB from your mobile devices delete the Mobile App. However, deleting the app will not delete your MyB account, it will only delete the data from the device. Therefore, in order to close your account for MyB, follow the instructions above.
Surprisingly Normal may at any time, terminate its legal agreement with you and access to MyB:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Surprisingly Normal in its sole discretion believes it is required to do so by law (for example, where the provision of MyB to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the email address provided by you as part of your configuration.
You acknowledge and agree that Surprisingly Normal may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and MyB by you. Further, you agree that Surprisingly Normal shall not be liable to you or any third party for any termination of your access to MyB.
Surprisingly Normal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or MyB with or without notice. Surprisingly Normal reserves the right to change MyB, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user of the MyB, Surprisingly Normal will provide notice to you. If you do not agree to the changes after receiving a notice of the change to MyB, you may stop using MyB. Your use of MyB, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Surprisingly Normal shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of MyB.
Surprisingly Normal may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use MyB after those changes are posted.
18. Governing Law and Forum for Disputes
California state law governs this Agreement without regard to its conflicts of laws provisions.
19. Allegations of Copyright and Trademark Infringements; Notification
Surprisingly Normal respects the intellectual property rights of others and Surprisingly Normal asks that users of the Sites and MyB do the same. If you believe that your intellectual property is being used on the Sites in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Surprisingly Normal's Designated Agent, whose contact information is as follows:
Attention: DMCA Designated Agent
1522 Liberty St
El Cerrito, CA 94530
Email: [email protected]
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Surprisingly Normal may be shared with third parties, including the person who provided Surprisingly Normal with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Surprisingly Normal's policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Surprisingly Normal’s Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Sites where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
II. SUPPLEMENTAL TERMS AND CONDITIONS FOR THE SERVICES.
These Supplemental Terms and Conditions shall prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.
20. Apple Requirements.
If you downloaded MyB from the iTunes App Store, the following terms also apply to you:
- 1. Acknowledgement : You acknowledge that this Agreement is between you and Surprisingly Normal only, and not with Apple, and Surprisingly Normal, not Apple, is solely responsible for the Software and the content thereof.
- 2. Scope of License : The license granted to you for the Software is a limited, non-transferable license to use the Software on an Apple product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the iTunes App Store.
- 3. Maintenance and Support : Surprisingly Normal and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to MyB. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- 4. Warranty : Surprisingly Normal is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Surprisingly Normal's sole responsibility.
- 5. Product Claims : Surprisingly Normal, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- 6. Intellectual Property Rights : You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Surprisingly Normal, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- 7. Legal Compliance : You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- 8. Developer Contact Info : Direct any questions, complaints or claims to: Surprisingly Normal, 1522 Liberty St, El Cerrito, CA 94530 or [email protected]
- 9. Third Party Terms of Agreement : You must comply with any applicable third party terms of agreement when using the Software.
- 10. Third Party Beneficiary : You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.