APPLE DISCLAIMERS

Users acknowledge and agree that this Agreement is solely between Users and Armchair Quarterback only, and not with Apple Inc. (“Apple”). Users further acknowledge and agree that:

Apple and its subsidiaries are third-party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third-party beneficiary thereof.

Apple has no responsibility for the iOS Armchair Quarterback App or any included content.

In the event of any failure of the iOS Armchair Quarterback App to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for the iOS Armchair Quarterback App to Users (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Armchair Quarterback App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

Apple is not responsible for addressing any of Your claims or those of any third-party relating to the iOS Armchair Quarterback App or Your possession and/or use of the iOS Armchair Quarterback App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS Armchair Quarterback App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the iOS Armchair Quarterback App or Your possession and use of the iOS Armchair Quarterback App infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.