Enterprise Agreement Page 14
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(b) You will not use the Apple Software or any Apple Services: (1) for any unlawful or illegal
activity, nor to develop any Covered Product, which would commit or facilitate the commission of
a crime, or other tortious, unlawful or illegal act; (2) to threaten, incite, or promote violence,
terrorism, or other serious harm; or (3) to create or distribute any content or activity that promotes
child sexual exploitation or abuse;
(c) Your Internal Use Application, Library and/or Pass will be developed in compliance with the
Documentation and the Program Requirements, the current set of which is set forth in Section
3.3 below;
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(d) To the best of Your knowledge and belief, Your Covered Products do not and will not violate,
misappropriate, or infringe any Apple or third-party copyrights, trademarks, rights of privacy and
publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or
performance rights, video rights, photography or image rights, logo rights, third-party data rights,
etc. for content and materials that may be included in Your Internal Use Application or Pass);
(e) You will not, through use of the Apple Software, Apple Certificates, Apple Services or
otherwise, create any Covered Product or other code or program that would: (1) disable, hack or
otherwise interfere with any security, digital signing, digital rights management, verification or
authentication mechanisms implemented in or by iOS, watchOS, iPadOS, tvOS, visionOS, the
Apple Software, or any Services, or other Apple software or technology, or enable others to do so
(except to the extent expressly permitted by Apple in writing); or (2) violate the security, integrity,
or availability of any user, network, computer or communications system;
(f) You will not, directly or indirectly, commit any act intended to interfere with the Apple Software
or Services, the intent of this Agreement, or Apple’s business practices including, but not limited
to, taking actions that may hinder the performance or intended use of the Apple Software, or the
Program. Further, You will not engage, or encourage others to engage, in any unlawful, unfair,
misleading, fraudulent, improper, or dishonest acts or business practices relating to Your Covered
Products (e.g., deceptive business practices, unfair competition);
(g) Except for testing and development purposes as expressly permitted herein, Internal Use
Applications or Passes developed using the Apple Software may only be deployed to and used
by Your employees or Permitted Users for internal use purposes or for limited use by Demo
Recipients on Deployment Devices on Your (or Your Permitted Entity’s) physical premises or in
other locations, but in both cases only when the use is under Your (or Your Permitted Entity’s)
direct supervision and physical control as set forth in Section 2.1(f). Except as expressly set
forth herein, Internal Use Applications or Passes shall not be used, distributed or made available
to other companies, customers, consumers, contractors (except for contractors who are
developing the Internal Use Application or Pass for You on a custom basis and therefore need to
use or have access to such Internal Use Application or Pass), distributors, vendors, resellers,
end-users or members of the general public in any manner. Further, You may not host Internal
Use Applications in any locations that are accessible to anyone other than Your Authorized
Developers, employees, and Permitted Users (e.g. not on a public website, repository, file hosting
service, etc.) and must take all reasonable steps to prevent Internal Use Applications from being
downloaded and accessed by anyone other than such parties; and
(h) You will not use or prompt Apple Software or Services in a manner that You know or
reasonably should know generates, or is intended to generate, content that is unlawful, harmful or
infringes, misappropriates or violates the rights of Apple or others. Furthermore, You warrant You
have all necessary rights and licenses to use the information that You input to Apple Software or
Services with such Software and Services.
3.3 Program Requirements for Internal Use Applications, Libraries and Passes
Any Internal Use Application for an Apple-branded product that will be distributed as permitted
herein must be developed in compliance with the Documentation and the Program Requirements,
the current set of which is set forth below in this Section 3.3. Libraries and Passes are subject to
the same criteria:
APIs and Functionality:
3.3.1 Internal Use Applications may only use Documented APIs in the manner prescribed by