Mobile Software

The following applies to any Mobile Software Customer acquires from the Apple App Store or its successors ("Apple App Store-Sourced Software") as operated by Apple Inc. or one of its affiliates ("Apple"): To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the Apple App-Store Software. Customer acknowledges and agrees that this Agreement is solely between Customer and Fleetio, not Apple, and that Apple has no responsibility for the Apple App-Store Software or content thereof. Customer’s use of the Apple App-Store Software must comply with the App Store Terms of Service. Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App-Store Software. In the event of any failure of the Apple App-Store Software to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the Apple App-Store Software to Customer; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App-Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Fleetio as provider of the software.

Customer and Fleetio acknowledge that Apple is not responsible for addressing any claims of Customer or any third party relating to the Apple App-Store Software or Customer’s possession and/or use of the Apple App-Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App-Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Fleetio as provider of the Apple App-Store Software. Customer acknowledges that, in the event of any third party claim that the Apple App-Store Software or Customer’s possession and use of that Apple App-Store Software infringes that third party`s intellectual property rights, Fleetio, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. Customer and Fleetio acknowledge and agree that Apple, and Apple`s subsidiaries, are third party beneficiaries of this Agreement as relates to Customer’s license of the Apple App-Store Software, and that, upon Customer’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to Customer license of the Apple App-Store Software against Customer as a third-party beneficiary thereof.

If Customer acquires any Mobile Software from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), then to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the ("Google Play Terms"), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to Customer’s use of any Mobile Software that Customer acquires from Google Play. Fleetio and Customer hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Fleetio or Customer (or any other user) under this Agreement or the Google Play Terms.