Apple Inc. v. Amazon.Com, Inc.

Filing 21

Declaration of Thomas R. La Perle in Support of 18 MOTION for Preliminary Injunction NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION filed byApple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5a, # 6 Exhibit 5b, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Related document(s) 18 ) (Eberhart, David) (Filed on 4/13/2011)

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Amazon.com Help: Amazon Appstore for Android Page 1 of 7 Hello. Sign in to get personalized recommendations. New customer? Start here. Your Amazon.com Shop All Departments | Today's Deals | Gifts & Wish Lists | Gift Cards Cloud Player: 20 GB Free with MP3 Album Your Digital Items Search All Departments Cart | Your Account | Help Wish List Help > MP3 & Amazon Instant Video > Amazon Appstore for Android Topics MP3 & Amazon Instant Video Kindle Support Amazon Instant Video Amazon MP3 Music Downloads Game/Software Downloads Amazon Cloud Drive Amazon Appstore for Android Online Game/Map Codes eDocs Promotional Videos Amazon Upgrade Mobipocket Other Help Areas Shipping & Delivery Changing or Canceling Orders Returns and Refunds Problem with an Order Payment, Pricing & Promotions Placing an Order Kindle Amazon MP3 Store & Cloud Player Amazon Instant Video Gifts, Gift Cards & Gift Registries Privacy, Security & Accessibility Site Features Ayuda en Español Selling at Amazon.com Author, Publisher & Vendor Guides Business Opportunities Self-Service Topic or Keyword Track or Manage Purchases Manage Payment Opt Return Items Change Name, E-ma Password Manage Address Boo Manage Your Kindle Amazon Appstore for Android Getting Started Shopping in the Amazon Appstore for Android Test Drive Apps Setting Your Payment Method & 1-Click Payment Settings Entering and Using Gift Cards and Promotional Codes Free Apps and More Deals Downloading and Installing Apps Managing Apps and Devices Using Apps Purchased from Amazon Appstore Application Ratings and Testing Making Your Apps Available through the Amazon Appstore AT&T Compatibility App Permissions Information for International Customers Contacting Us for Additional Assistance The Amazon Appstore for Android lets you instantly download games and mobile apps for your Android device. You can shop the Amazon Appstore either from your computer or from our Amazon Appstore app on your Android device. Check the Android Appstore daily for the free app of the day to download a new paid application every day. Log on from your computer to test drive apps before buying. Getting Started In order to purchase and download apps from the Amazon Appstore for Android, you will first need to have the Amazon Appstore app installed on your device. To install it, go to: www.amazon.com/appstoregetstarted Note: The Amazon Appstore for Android is generally compatible with all Android devices that run Android version 1.6 or greater -- with the exception of AT&T devices. To find out if your device runs Android version 1.6, from your home screen, go to settings, about phone and look for Firmware version. Shopping in the Amazon Appstore for Android You can shop for apps for your Android device from either the Amazon Appstore for Android app or from your browser on your computer. Shopping in the Amazon Appstore for Android on Your Computer You can browse for apps on the Amazon Appstore for Android home page at www.amazon.com/appstore. You'll find bestsellers, deals, and other featured apps on the Amazon Appstore home page. You can also search for apps by keyword in the same way that you would search for any other product at Amazon.com. Start by entering a search term in the search bar and choosing Appstore for Android in the category drop down next to the search bar. To purchase an app from the Amazon Appstore for Android through your computer, you will first be required to sign in to your Amazon.com account. If you do not have an Amazon.com account, you will be required to create one. Once you have signed in, you will first need to download the Amazon Appstore for Android app to your phone. You are required to complete the download and also sign into the Amazon Appstore app prior to purchasing apps from your computer. Just follow the instructions on the screen and you'll be on your way. We recommend setting up your 1-Click payment method on your computer. Once you have downloaded the Amazon Appstore app to your device and signed in, you can purchase directly from your computer. For apps that you want, just click the "Buy now with 1-Click" button or, for free apps, "Get now with 1-Click." Apps will automatically be added to the My Apps page within the Amazon Appstore for Android app on your Android device. From the My Apps page, you can download and install your new apps. Shopping in the Amazon Appstore App for Android on Your Android Device http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011 Amazon.com Help: Amazon Appstore for Android Page 2 of 7 To purchase an app from the Amazon Appstore app for Android on you Android device, first download the Amazon Appstore for Android app to your phone. We recommend setting up your 1-Click payment method on your computer first.Once you have completed the installation, you will be required to sign into the Amazon Appstore app with your Amazon.com account information. Tap the Amazon Apps icon to open the app. You'll immediately see the Free App of the Day and lists of New and Bestselling apps. You can also find apps by: Search by name: Type the app you are searching for in the search field at the top of the screen View your recommendations: Scroll the top navigation bar and press Recommendations for You. You must be logged in to your Amazon.com account to see your recommendations. Browse by category: Select a category in the navigation bar, such as Games. From here you'll be able to view top paid/free and new games and browse subcategories such as Action Games. Refine your search: Narrow your search by pressing Refine and selecting attributes like Avg. Customer Review or Release Date, or sort results by Price. Click the "Buy App" or "Get App" button to download an application. The application is added to the My Apps page within the Amazon Appstore for Android app on your Android device, and the installation of the app will begin automatically. Prior to the install, customers will be required to accept the user permissions associated to the application. Test Drive an Application You can try many apps available in the Amazon Appstore for free on your computer. Just look for the "Test drive now" button to try out an app. The test drive feature requires Flash. Clicking the "Test drive now" button launches a copy of this app on Amazon Elastic Compute Cloud (EC2), an Amazon Web Service available to developers. When you click on the simulated phone using your mouse, those inputs are sent over the Internet to the app running on an Amazon server -- just like a finger tap is sent to the app on your mobile device. From the server, the video and audio output from the app are sent back to your computer. All this happens in real time, creating the effect that you're running the app locally on your computer. You'll see a window pop up with a simulated Android device. Use this interactive tool to start your free trial of the application. Setting Your Payment Method & 1-Click® Payment Settings http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011 Amazon.com Help: Amazon Appstore for Android Page 3 of 7 To download apps from the Amazon Appstore for Android, you must have an Amazon account and configure your 1-Click® payment settings. To create an Amazon account: 1. Visit www.amazon.com/sign-in 2. Enter your e-mail address and check "No, I am a new customer." 3. Click the "Sign in using our secure server" button and follow the on-screen instructions. To set up your payment method: 1. 2. 3. 4. Visit the Manage Addresses and 1-Click Settings page in Your Account. Enter a new address if an existing address is not available. Select "Click here to make this your 1-Click default address." Click the Edit button next to "1-Click settings for this address" and enter a payment method. Note: The billing address must be located in the United States. The Amazon Appstore for Android is currently available only to customers in the United States. Updating 1-Click Settings for Gift Card Purchases You are required to have a credit or debit card on your Amazon.com account to purchase apps using gift cards from the Amazon Appstore for Android. You must establish a default 1-Click billing address on your Amazon.com account. If you don't already have a 1-Click billing address on your account, follow the instructions below to add an address without entering a credit or debit card to your account. To add a 1-Click Billing Address for Gift Card purchases: 1. Visit the Setting section and 1-Click Settings page in Your Account. 2. Click the Enter a new address button. 3. Enter the address information and click the Continue button. Entering Amazon.com Gift Card Claim Codes To purchase an app using an Amazon.com Gift Card, you must first enter your gift card claim code into Your Account. Any gift card balance available on your account will be applied to your purchase when it is completed. To add a gift card balance to Your Account: From your laptop/desktop computer: 1. 2. 3. 4. Visit the Your Account page. Click "Apply a Gift Card to your Account." Sign in with your e-mail address and password. Enter your claim code and click "Redeem now." From the Amazon Appstore for Android on your connected Android device: 1. 2. 3. 4. Tap on the menu button. Tap "Settings." Tap "Redeem a Gift Card." Enter your claim code, and tap "Redeem." Free Apps and More Deals Amazon Appstore for Android users can download a new paid app for free every day. Go to www.amazon.com/appstore to find the free app of the day at the top of the page. You can try it instantly from your computer if a Test Drive trial is available, and click "Get Now with 1-Click" to download it to your Android device. To get the free app of the day you are required to have the Amazon Appstore app on your device and be signed into the app. http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011 Amazon.com Help: Amazon Appstore for Android Page 4 of 7 To find all Amazon Appstore deals, visit the Amazon Appstore home page, and look for the deals page from the navigation bar below the search box. Downloading and Installing Apps After you have installed the Amazon Appstore application, signed in and purchased an application on the Amazon Appstore for Android, you can access it from the My Apps page in the Amazon Appstore app on your Android device. 1. Open Amazon Appstore app for Android on your device. A notification message will let you know if you have any new apps in My Apps. 2. Tap Go to My Apps in the notification to open My Apps. 3. Tap Install. 4. Review the application permissions and click Install to accept. 5. Once the application has been installed, press Open to start using your new app. Retrying a Failed Download If an application fails to download, follow these steps: 1. From your device, go to the detail page of the app you purchased. 2. Tap the blue "Install" button at the top of the page. The download should now begin again. If you are still unable to download the app, contact Customer Service. Managing Apps and Devices http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011 Amazon.com Help: Amazon Appstore for Android Page 5 of 7 You can manage your apps and the Android devices connected to your account on your computer or your Android device. Manage Apps and Settings on Your Computer From the Amazon Appstore home page, go to Your Apps & Devices. To view full details of an application, click the "+" button next to the title to show full details as well as a link to the application detail page. To add a device to your account, please download the Amazon Appstore app for Android to that device, and sign in to your account from it. That device will automatically be added to Your Devices. You can also go to www.amazon.com/Appstoreonmobile from your mobile browser to download the Amazon Appstore app for Android. To deregister a device, if you no longer want to use one of your devices to purchase apps from, simply hit the "Deregister" link next to the device. This will inhibit purchases from that device and your ability to access your apps from your device until you sign in to the Amazon Appstore app again. Manage Apps and Settings on Your Device Open the Amazon Appstore for Android application on your device. From the home screen, press the menu button and select My Apps. To view full details of an application, tap on the icon of any app in the list to get to the detail page of that app. To view all your apps, tap the "All" menu option to see all of your apps. To review an app, go to the detail page, and scroll down to the review section. Click on "Create your own review." You will be required to sign in to your Amazon account to create and submit a review. To share an application, go to the application detail page. Look for the share feature at the top underneath the green box on the right, click on the link and follow the instructions. To add a device to your account,download the Appstore for Android app to your device and sign in with your account. The phone will then be automatically registered to your account. To deregister a device, sign out from the settings screen in the Appstore for Android app. Find settings by tapping: (1) menu button, (2) more, (3) settings. Please note, if you deregister your device you will lose access to the apps that you've purchased from the Amazon Appstore. To adjust payment, connection and notification settings, press the menu button from the Amazon Appstore home screen and select Settings. From this page you can sign in, redeem a Gift Card, set your preferences regarding connection type (you can choose to use Wi-Fi when application file sizes exceed a certain limit) and notifications. If you'd like to change your 1-Click Settings, you will need to visit the Manage Addresses and 1-Click Settings page in Your Account from a computer. Using Apps Purchased from Amazon Appstore Once you've downloaded and installed your apps, you can find your apps listed alongside all of your other application purchased from other marketplaces. From the home screen of your device, press the press the Apps button to find a list of your application. Because your application purchases are tied to your Amazon.com account, you will not be able to use apps if you have signed out from the Amazon Appstore. To use the apps that you've purchased, please sign back into your account on the Amazon Appstore app. Application Ratings Amazon rates all apps in the Amazon Appstore for Android based on information provided by the app publisher across a number of dimensions to determine what maturity rating is appropriate. These ratings are only available on the App detail page on your computer. All Ages The content of this application is appropriate for all ages and contains no objectionable content. Ages 9 and Older The content of this application may contain infrequent examples of mild violence or mild language. May contain: Infrequent use of mild profanity or crude humor Cartoon violence or mild realistic violence Ages 13 and Older The content of this application may contain references to alcohol and tobacco, and mild realistic violence, mild language, or sexually suggestive themes. It may also contain nudity within medical/informational or artistic contexts. May contain: References to alcohol, tobacco and drugs Simulated gambling or references to casinos and gambling culture Partial or brief nudity in a non-sexual context Infrequent use of mild profanity and crude humor Sexually suggestive themes Slapstick or cartoon violence Ages 17 and Older The content of this application may contain frequent examples of strong violence and strong language as well as gambling, alcohol, tobacco, drugs, sexually-suggestive themes as well as partial or brief http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011 Amazon.com Help: Amazon Appstore for Android Page 6 of 7 nudity in a non-sexual context. May contain: Explicit references to or images of drugs, alcohol, tobacco Simulated gambling or references to casinos and gambling culture Partial or brief nudity in a non-sexual context Frequent crude humor Sexually-suggestive themes Graphic or realistic violence Rating Pending The content of this application has not yet been rated by Amazon. Dynamic Content This application contains content that is downloaded real-time, based on inputs from the user. The maturity rating associated with this application pertains only to the static elements of the application and does not cover any dynamic information (e.g. websites, friend postings, tweets). Dynamic content is defined as any content that may change within the application. Dynamic content can include animations, video or audio. Amazon Tested To ensure the highest quality apps in our catalog, we take all submissions through a series of tests. In this process we screen the apps for known viruses and malware, test the app to check that it actually does what it claims to do, and test whether the app affects the stability of the other functions of your phone. These tests include (but are not limited to): Installation: The application installs and opens, upgrades can be installed and the application can be uninstalled by following the phone's regular uninstall method. Functionality: The application doesn't crash and the description of the application matches the application's description. Usability: Graphics, videos, animation, and text within the app are clear and readable to the user Technical: The application doesn't interfere with, or stop working when, a user receives calls or text messages while the application is running. Making Your Apps Available through the Amazon Appstore You can sell your apps by becoming a Developer for Amazon Appstore. Visit https://developer.amazon.com/welcome.html and create a new account. You can follow step-by-step instructions to create an account and upload your application and media files. AT&T Compatibility If you have an AT&T phone or tablet, you currently can't install the Amazon Appstore or purchase apps from it. AT&T is working to allow customers to install the Amazon Appstore and purchase apps from it. To sign up to be notified by AT&T when you are able to install the Amazon Appstore on AT&T phones and tablets, visit the AT&T website. App Permissions Apps require access to certain systems within your device. When you go to install an application you will be notified of all of the permissions required to run that application. Please read and consider the permissions carefully. See below for a list of permissions and what it means for the application. Cost Money -- Used for permissions that can be used to make the user spend money without their direct involvement Development Tools -- Group of permissions that are related to development features. Hardware Controls -- Used for permissions that provide direct access to the hardware on the device. Your Location -- Used for permissions that allow access to the user's current location. Messages -- Used for permissions that allows an application to send messages on behalf of the user or intercept messages being received by the user. Network Communications -- Used for permissions that provides access to networking services. Personal Info -- Used for permissions that provide access to the user's private data, such as contacts, calendar events, e-mail messages, etc. Phone Calls -- Used for permissions that is associated with accessing and modifying telephony state: intercepting outgoing calls, reading and modifying the phone state. Storage -- Group of permissions that are related to SD card access. System Tools -- Group of permissions that are related to system APIs. Information for International Customers At this time, we are unable to offer the Amazon Appstore for Android and associated apps to our international customers. To successfully purchase digital content from Amazon Appstore for Android, the 1-Click payment method listed on the Your Account page must be a credit or debit card issued by a U.S. Bank with a U.S. billing address. We value our international customers and hope to make the Amazon Appstore for Android available internationally in the future. http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011 Amazon.com Help: Amazon Appstore for Android Page 7 of 7 Contacting Us for Additional Assistance For additional assistance, e-mail us. If you have feedback for us, please send an e-mail message to amazon-appstore-help@amazon.com Get to Know Us Make Money with Us Let Us Help You Careers Sell on Amazon Shipping Rates & Policies Investor Relations Join Associates Amazon Prime Press Releases Advertise Your Products Returns Are Easy Amazon and Our Planet Self-publish with Us Manage Your Kindle › See all Help Canada China France Germany Italy Japan United Kingdom AmazonWireless Askville Audible DPReview Endless Fabric IMDb Shopbop Small Parts Warehouse Deals Woot Zappos Cellphones & Wireless Plans Community Answers Download Audio Books Digital Photography Shoes & More Sewing, Quilting & Knitting Movies, TV & Celebrities Designer Fashion Brands Industrial Supplies Open-Box Discounts Never Gonna Give You Up Shoes & Clothing Conditions of Use Privacy Notice © 1996-2011, Amazon.com, Inc. or its affiliates http://www.amazon.com/gp/help/customer/display.html/ref=hp_left_cn?ie=UTF8&nodeId... 4/11/2011

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