MaX UC End User License Agreement (“Agreement”)
Please read this Agreement carefully before installing or using MaX UC (the “Product”). There are a few important points that
we need to emphasize:
• THE PRODUCT IS NOT INTENDED, DESIGNED OR FIT AS A PRIMARY METHOD TO ACCESS
EMERGENCY SERVICES. There are important differences between traditional telephone services and the Product.
The Product may not function during a power outage, internet connectivity interruption, or system failure on the
device on which it is running. The Product is not a replacement for your primary telephone service.
• THE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN
SECTION 9 THAT AFFECTS YOUR RIGHT TO RESOLVE A DISPUTE WITH METASWITCH.
• IN SOME LOCATIONS THERE MAY BE RESTRICTIONS ON YOUR USE OF THE PRODUCT OR
FEATURES OR FUNCTIONS PROVIDED BY THE PRODUCT. It is your responsibility to ensure that you are
legally allowed to use the Product where you are located.
1. ACCEPTANCE OF AGREEMENT; CHANGES.
(a) This is a legally binding contract between you (either an individual or a single entity) and Metaswitch
Networks Ltd (“Metaswitch”). In order to install or use the Product, you must first accept this Agreement.
This Agreement is accepted by you when you click to accept or agree to the Agreement. The use of the
Product may be subject to separate third-party terms of service and fees, including without limitation the
terms of service of and fees charged by your mobile or telecommunications network service provider (your
(b) The Product is not intended for use by persons under the age of 16. If you are under 16 years old, you may
not use the Product or provide Metaswitch with any personal information.
(c) By installing or using the Product, you affirm that you (i) are either over the age of majority in your
jurisdiction of residence, are an emancipated minor or possess legal parental or guardian consent, (ii) are
fully able and competent to enter into the terms and conditions of this Agreement, and (iii) agree to be
bound by all of the terms and conditions of this Agreement.
(d) Metaswitch may make changes to this Agreement from time to time, and the changes will become effective
once you click to accept or agree to the modified Agreement.
(a) Subject to your compliance with this Agreement, Metaswitch grants you a non-exclusive, non-transferable,
limited, revocable license to install and use the executable code version of the Product for personal or
internal business purposes. This license does not entitle you to receive from Metaswitch hard-copy
documentation, technical support, telephone assistance, or enhancements or updates to the Product. Your
Carrier may separately offer documentation, telephone assistance or technical support for the Product. All
rights not expressly granted under this Section 2(a) are reserved to Metaswitch and its suppliers and
(b) License Restrictions. You may not:
i. modify or create any derivative works of the Product or documentation, including customization,
translation or localization;
ii. decompile, disassemble, reverse engineer, “unlock”, attempt to access or otherwise attempt to
discover the source code for the Product, unless and to the extent as may be required under
applicable law or under the licensing terms governing use of any software components that are
included in the Product that are subject to “open source software” licenses as defined by the open
source initiative at https://www.opensource.org/osd.html (“Open Source Software”);
iii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product;
iv. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or
labels in the Product; or
v. publish any results of benchmark tests run on the Product to a third party.
(c) Proprietary Rights. The Product is licensed to you, not sold. This Agreement does not grant you title to or
ownership of any copy of the Product. All title, ownership rights, and intellectual property rights in the
Product shall remain with Metaswitch and/or its suppliers and licensors. The Product is protected by
copyright, trademark and other intellectual property laws and by international treaties.
3. PRIVACY. You consent to the collection and use of information about you and your use of the Product in accordance
with the MaX UC Privacy Statement, which you can find here. By using the Product you acknowledge that you have
read this statement and that you will periodically check this website to receive any updated terms. You also
acknowledge that information collected about you under the Privacy Statement may include, but is not limited to,
technical, diagnostic and/or personally identifiable information about you, your systems, your location and your use
4. THIRD PARTY SITES; THIRD PARTY TECHNOLOGY.
(a) The Product may contain links to external websites for your convenience. You acknowledge and agree
that Metaswitch is not responsible for, and has no control over, these sites. Links to external sites should
not be taken as a recommendation or endorsement of the external site’s information, products or services by Metaswitch or your Carrier.
(b) Open Source Software. As set forth in the “About” menu in the Product, the Product contains Open Source
Software. To the extent that this Agreement is incompatible with a license governing an Open Source
Software component contained within the Product, such Open Source Software component will not be
subject to the terms and conditions of this Agreement. Nothing in this Agreement should be construed to
limit your rights under or to grant you rights that supersede the terms and conditions of any applicable
Open Source Software license.
5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THIS PRODUCT IS USED AT YOUR SOLE RISK AND THE PRODUCT IS PROVIDED ON AN “AS IS”
BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, SECURE,
ABLE TO OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, COMPATIBLE WITH ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, SECURE,
ABLE TO OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, COMPATIBLE WITH ANY
OPERATING SYSTEM OR DEVICE, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON INFRINGING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER METASWITCH
NOR ITS PARENT, AFFILIATES, SUBSIDIARIES, SUPPLIERS OR LICENSORS HAS ANY OBLIGATION
TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS. THIS DISCLAIMER OF WARRANTIES AND THE OTHER
PROVISIONS OF THIS SECTION 5 CONSTITUTE AN ESSENTIAL PART OF THE BASIS FOR THE
BARGAIN PURSUANT TO THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED UNDER
THIS AGREEMENT EXCEPT AS SUBJECT TO THE DISCLAIMER OF WARRANTIES AND OTHER
PROVISIONS OF THIS SECTION 5.
6. LIMITATION OF LIABILITY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
METASWITCH OR ITS PARENT, AFFILIATE OR SUBSIDIARY COMPANIES, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS
OR LICENSORS, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES IN QUESTION
AND EVEN IF SUCH DAMAGES WERE FORESEEABLE, BE LIABLE FOR (i) ANY CLAIMS,
LOSSES OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF, OR
THE INABILITY TO USE, THE PRODUCT FOR EMERGENCY CALLS TO EMERGENCY
SERVICES AND FOR CALLS FOR THE PURPOSE OF OBTAINING ASSISTANCE, HELP OR AID
IN THE EVENT OF ANY EMERGENCY, OR (ii) ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR
INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, CLAIMS OF THIRD
PARTIES, OR FOR LOSSES DUE TO LOST PROFITS, INCOME OR SAVINGS, WORK STOPPAGE,
OPPORTUNITY COSTS, LOSS, THEFT, UNAUTHORIZED ACCESS TO, OR CORRUPTION OF
DATA, COMPUTER FAILURE OR MALFUNCTION OR LOSS OF USE OF FACILITIES OR
(b) METASWITCH’S AND ITS SUPPLIERS’ AND LICENSORS’ TOTAL CUMULATIVE LIABILITY
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE MANUFACTURE, SALE OR
SUPPLYING OF THE PRODUCT OR THE USE, OPERATION OR INSTALLATION OF THE
PRODUCT, BASED ON ANY CAUSE OF ACTION OR LEGAL THEORY, INCLUDING WITHOUT
LIMITATION WARRANTY, CONTRACT, TORT (REGARDLESS OF THE DEGREE OF FAULT),
INFRINGEMENT AND STRICT LIABILITY, SHALL NOT EXCEED THE GREATER OF THE SUM
OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND TEN DOLLARS (US $10).
(c) THE LIABILITIES LIMITED BY THIS SECTION 6 INCLUDE WITHOUT LIMITATION LIABILITY
FOR NEGLIGENCE AND APPLY EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL
PURPOSE, EXCEPT THAT NOTHING IN THIS SECTION 6 SHALL LIMIT METASWITCH’S
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. TO THE
EXTENT THAT APPLICABLE LAW RESTRICTS THE APPLICATION OF THIS SECTION 6, THE
PROVISIONS OF THIS SECTION 6 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED.
7. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS METASWITCH AND ITS
PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS, FROM ANY AND
ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS’ FEES) ARISING FROM (a) YOUR USE OF THE PRODUCT, (b) YOUR
NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT, (c) YOUR VIOLATION OF THIS AGREEMENT OR
ANY APPLICABLE LAW, RULE OR REGULATION OR (d) YOUR INFRINGEMENT OF ANY
INTELLECTUAL PROPERTY RIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO
NOTIFY METASWITCH IMMEDIATELY OF ANY SUCH BREACH, VIOLATION OR INFRINGEMENT
KNOWN TO YOU.
8. EXPORT RESTRICTIONS; COMPLIANCE WITH LAWS.
(a) You represent and warrant that you: (i) are not located in a country that is subject to a U.S. Government
embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)
are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge that the
Product may be subject to the export and import laws of the U.S. and other countries. You agree to comply
with all international and national laws that apply to the Product, including the U.S. Export Administration
Regulations and all end-user, end-use and destination restrictions issued by U.S. and other governments.
(b) In some locations there may restrictions on your use of the Product or features or functions provided by
the Product, including without limitation the call recording function which is available on some versions of the Product. It is your responsibility to ensure that you are legally allowed to use the Product where you are located. Applicable law may require you to advise all participants on a call prior to activating the call
recording function available on some versions of the Product, otherwise restrict your use of the call
recording function or prohibit the recording of any call. You agree that you will not use the Product or any
features provided by the Product for any purposes prohibited by U.S. or other applicable law.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER
(a) Definitions. As used in this Arbitration Provision, the terms “Metaswitch,” “we,” “us,” and “our” refer to
Metaswitch Networks Ltd., including its subsidiaries, affiliates and their respective employees, officers,
directors, contractors and agents; the terms “you” and “your” refer to you as an individual as well as other
individuals you allow to access or use the Product, and any legal entity you control, work for, or represent
when you access or use the Product. The word “Claims” means all claims, disputes, or controversies
between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate
to the Product or your use of the Product. This includes but is not limited to disagreements about the
validity, enforceability, or scope of this Arbitration Provision.
(b) Agreement to Arbitrate; Class Action Waiver.
i. You agree that any and all Claims will be resolved exclusively by binding arbitration as
described herein, except that: (A) you may assert Claims in a small claims court in the United
States if your Claims meet the court’s jurisdictional requirements; and (B) either party may
pursue Claims and/or relief in a court of competent jurisdiction regarding the validity and/or
infringement of a party’s intellectual property rights.
ii. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN
AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF
RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY
RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND
TERMS OF THIS AGREEMENT AS A COURT WOULD.
iii. CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
CLAIM IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU, METASWITCH NOR ANY OTHER PARTY WILL SEEK TO HAVE ANY
CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR
IN ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT
IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING
WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT
OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(c) Arbitration Rules.
i. If you are a resident of the United States, the arbitration will be conducted by JAMS, Inc.
(“JAMS”) under its rules; if your use of the Product has been principally for personal or
household use, the JAMS’ procedures for consumer-related disputes, including the minimum
fairness standards, will also apply. If you are a resident of the United States, the arbitration
proceedings will be conducted at a location designated by JAMS that is the most convenient for
you. If you are a resident of a country other than the United States, the arbitration will be
conducted by JAMS in New York, New York or London, England, as selected by you, under
the JAMS rules for international arbitration. In the event of a conflict or inconsistency between
the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall
govern and control.
ii. The arbitration will be conducted in the English language by a single arbitrator who is an
attorney-at-law or barrister, as applicable, with experience in consumer and technology
transactions and who is also a member of the JAMS roster of arbitrators. If you and we cannot
agree on a mutually acceptable arbitrator within 15 days after the arbitration is initiated, then
JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available
at https://www.jamsadr.com, or by calling 1-800-352-5267 from inside the United States or +44
207 583 9808 from outside the United States.
(d) Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the
applicable JAMS rules as described on their website at https://www.jamsadr.com.
(e) Arbitration Process.
i. Because appearing in person for arbitration can be unduly burdensome in some circumstances,
arbitration under this Arbitration Provision shall not require any personal appearance by the
parties or witnesses unless mutually agreed. Either or both parties may participate by written
submissions, telephone calls, or other means of remote communication as allowed by the
ii. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join
the claims of other persons that may have similar claims. There shall be no pre-arbitration
discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims
of privilege recognized by law and will take reasonable steps to protect customer account
information and other confidential or proprietary information. At the request of any party, the
arbitrator shall provide a brief written explanation of the basis for the decision and award.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right
to appeal under the JAMS rules or the Federal Arbitration Act.
(f) Recovery and Attorneys’ Fees. The arbitrator may make rulings and resolve disputes as to the payment
and reimbursement of attorneys’ fees and expenses at any time during the proceeding and upon request
from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees
and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under
applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of
the Products was principally for personal or household use, Metaswitch waives any right it may have to
seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims
between you and Metaswitch.
(g) Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as
well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration
Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other
legal or financial advisors, neither party shall disclose such information or decision to any other person
unless required to do so by law.
(h) Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of
your access to or use of the Product and related agreements. If any portion of this Arbitration Provision is
deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted,
construed, reformed or severed to the extent required to make it valid and enforceable, and this shall not
invalidate the remaining portions of this Arbitration Provision.
10. NOT INTENDED AS PRIMARY ACCESS TO EMERGENCY SERVICES. You expressly acknowledge and agree
(a) The Product is not intended, designed or fit for being the sole and primary method for carrying or
supporting emergency calls to any hospitals, law enforcement agencies, medical care units, emergency
services personnel, public safety answering points or any other kind of emergency services or any other
calls for the purposes of obtaining assistance, help or aid in the event of an emergency.
(b) There are important differences between traditional telephone services and the Product. The Product is not
a replacement for your primary telephone service. This product may not function during a power outage,
internet connectivity interruption, or system failure on the device on which it is running. The Product is
not a replacement for your primary telephone service.
11. PROHIBITED USES. You may not use, encourage, promote, facilitate or instruct others to use the Product for any
illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is
illegal, harmful or offensive. You agree that your use of the Product shall in no way, and to no extent, whether
directly or indirectly, adversely affect, impede or otherwise hinder or disrupt the functionality or performance of the
platform or systems on which the Product runs. Prohibited activities or content include:
(a) Illegal Activities. Any activities that violate any applicable laws, rules or regulations, including without
limitation, all applicable laws relating to the privacy of communications and wiretapping laws.
(b) Harmful or Fraudulent Activities. Activities that may be harmful to other users of the Product, their
operations, or their reputations, including without limitation, offering or disseminating fraudulent goods,
services, schemes or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing
or pharming), or engaging in other deceptive practices.
(c) Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights
(d) Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, offensive, indecent
or otherwise objectionable.
(e) Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously
intercept, or expropriate any system, program or data, including viruses, Trojan horses, worms, time bombs
(f) Spam. Spam-related activities, including the distribution, publication, sending, or facilitating of unsolicited
mass e-mailings, promotions, advertising or solicitations, including commercial advertising and
(g) Security Violations. Use of the Product to violate the security or integrity of any network, computer or
communications system, software application or network or computing device.
(h) Commercial or Unauthorized Use. Use of the Product for any revenue generating endeavor, commercial
enterprise or other purpose which is not authorized under this Agreement or for which it was not designed.
(i) Network Abuse. Use of the Product to carry out network abuse, including denial of service attacks or
intentional interference with the proper functioning of any network, computer or communications system,
software application or network or computing device.
12. TERMINATION. Metaswitch may terminate this Agreement (a) at any time, for any reason or no reason, or (b) if
you breach any of its terms and conditions. Upon termination, you must cease all use of the Product and destroy all
copies of the Product in your possession or under your control.
(a) This Agreement will be governed by and interpreted in accordance with the laws of the Commonwealth
of Virginia applicable to contracts made and to be performed entirely in the Commonwealth of Virginia
without regard to its conflicts of law provisions and without application of the Virginia Uniform Computer
Information Transaction Act, except that the Federal Arbitration Act governs all provisions relating to
arbitration. You and Metaswitch irrevocably consent to the exclusive jurisdiction and venue of the state or
federal courts in Fairfax County, Virginia, for all disputes arising out of or relating to this Agreement or the Product that are heard in court (those not subject to arbitration and not heard in small claims court),
and in the event that there is no other effective manner of service, Metaswitch and you each hereby
appoints the Secretary of the Commonwealth of Virginia as its agent for purposes of service of process.
(b) If any provision in this Agreement should be held illegal or unenforceable by a court of competent
jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing
its intent, or severed from this Agreement if no such modification is possible, and other provisions of this
Agreement shall remain in full force and effect.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one
instance, shall not waive such term or condition or any subsequent breach thereof.
(d) If you have any questions concerning this Agreement, or if you wish to contact Metaswitch Networks for
any reason, please use the contact information available at https://www.metaswitch.com/about/contact.
14. ADDITIONAL TERMS.
(a) The following additional terms apply when the Product is used on iOS:
i. Apple Store Terms. References in this Agreement to Metaswitch may include Metaswitch’s
suppliers and licensors but do not include Apple, Inc. (“Apple”). In the event of any conflict
between Section 5 and the provisions of this Section 14(a), Section 5 will prevail except in
respect of Apple’s rights and responsibilities. This Section 14(a) does not expand Metaswitch’s
liability or obligations to you beyond that required elsewhere in this Agreement or by applicable
ii. Acknowledgement. This Agreement is concluded between Metaswitch and you only, and not
with Apple. Metaswitch, and not Apple, is solely responsible for the Product and its content.
iii. Scope of License, Definitions. The License granted in Section 2 of this Agreement is solely for
use on an Authorized Device in accordance with this Agreement and the Store Usage Rules.
“Authorized Device” refers to any Apple iPhone, iPad or iPod Touch that you own or control.
“Store Usage Rules” refers to the “Usage Rules” set forth in Apple’s App Store Terms of Service,
currently posted at https://www.apple.com/legal/itunes/us/terms.html, as it may be amended by
Apple from time to time.
iv. Maintenance & Support. This Agreement does not provide for maintenance or support services,
but in the event that applicable law requires that such services be provided to you for the Product,
Metaswitch or your Carrier will be solely responsible for providing the services. You and
Metaswitch acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the Product.
v. Warranty. Section 5 of this Agreement disclaims all warranties to the maximum extent permitted
under applicable law, but to the extent not effectively disclaimed, if any, Metaswitch will be
solely responsible for any warranties in respect of the Product. In the event of any failure of the
Product to conform to any such applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the Product (if any) to you. To the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect to the
Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Metaswitch’s sole responsibility.
vi. Product Claims. You and Metaswitch acknowledge that Metaswitch and its suppliers and
licensors, not Apple, are responsible for addressing any claims of yours or of any third party
relating to the Product or your possession and/or use of the Product, including, but not limited
to: (A) product liability claims; (B) any claim that the Product fails to conform to any applicable
legal or regulatory requirement; and (C) claims arising under consumer protection or similar
vii. Intellectual Property Rights. Metaswitch and you acknowledge that, in the event of any third party claim that the Product or your possession and use of the Product infringes that third party’s
intellectual property rights, Metaswitch and its suppliers and licensors and not Apple will be
solely responsible for the investigation, defense, settlement, and discharge of any such
intellectual property infringement claim.
viii. Third Party Beneficiary. Metaswitch and you acknowledge and agree that Apple and Apple’s
subsidiaries are third-party beneficiaries of this Agreement and that, upon your 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 against you as a third-party beneficiary.
(b) The following additional terms apply when the Product is used on any other operating system – None