Apple Inc. v. Amazon.Com, Inc.

Filing 39

Declaration of Sarah J. Givan in Support of 36 Opposition/Response to Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 36 ) (Givan, Sarah) (Filed on 6/1/2011)

EXHIBIT 8

PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS
CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE SOFTWARE. THESE
TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
APPLE.

iOS Developer Program License Agreement
Purpose
You would like to use the Apple Software (as defined below) to develop one or more Applications
(as defined below) for Apple-branded products running the i0S. Apple is willing to grant You a
limited license to use the Apple Software to develop and test Your Applications on the terms and
conditions set forth in this Agreement.
Applications developed under this Agreement can be distributed in two ways: (1) through the App
Store, if selected by Apple, and (2) on a limited basis for use on Registered Devices (as defined
below).
Applications that meet Apple's Documentation and Program Requirements may be submitted for
consideration by Apple for distribution via the App Store. If submitted by You and selected by
Apple, Your Applications will be digitally signed by Apple and distributed through the App Store.
Distribution of free (no charge) Applications that do not make use of the In App Purchase API will
be subject to the distribution terms contained in Schedule 1 to this Agreement. If You would like
to distribute Applications for which You will charge a fee or would like to use the In App Purchase
API in free Applications, You must enter into a separate agreement with Apple ("Schedule 2").

1.

Accepting this Agreement; Definitions

1.1
Acceptance
In order to use the Apple Software and related services, You must first agree to this License
Agreement. If You do not or cannot agree to this License Agreement, You are not permitted to
use the Apple Software or related services. Do not download or use the Apple Software or any
related services in that case.
You accept and agree to the terms of this License Agreement on Your own behalf and/or on
behalf of Your company, organization, educational institution, or agency, instrumentality, or
department of the federal government as its authorized legal representative, by doing either of the
following:
(a) checking the box displayed at the end of this Agreement if You are reading this on an Apple
website; or
(b) clicking an "Agree" or similar button, where this option is provided by Apple.
Definitions
1.2
Whenever capitalized in this Agreement:
"Advertising API" means the Documented API that enables You to use Apple's advertising service
to deliver advertising to Your Application.
"Agreement" means this iOS Developer Program License Agreement, including any attachments,
Schedule 1 and any exhibits thereto which are hereby incorporated by this reference.
"App Store" means an electronic store and its storefronts branded, and owned and/or controlled
by Apple or an affiliate of Apple.
"Apple" means Apple Inc., a California corporation with its principal place of business at One
Infinite Loop, Cupertino, California 95014, U.S.A.

Program Agreement

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