Indoor Mapping Data Format (“IMDF”) Specification Terms and Conditions of Use

Ownership; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to IMDF and all associated information (including, without limitation, all associated content, resources, sample computer code, and tools) (collectively, the “IMDF Specification”). The IMDF Specification is the property of Apple Inc. ("Apple") and its licensors. BY USING THE IMDF SPECIFICATION, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE IMDF SPECIFICATION.

Apple reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the IMDF Specification following the posting of changes will mean that you accept and agree to the changes to these Terms of Use. As long as you comply with these Terms of Use, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to use the IMDF Specification as outlined herein. Except as expressly stated herein, no other rights or licenses are granted or to be implied, including but not limited to any rights or licenses to Apple patents.

Use Restrictions

You may download, copy, store, and/or share the IMDF Specification internally within your organization and you may provide links to the IMDF Specification on your website or in your materials, provided that you do not (1) remove any proprietary notice language in any copy of the IMDF Specification, (2) copy or post such information on any external network or broadcast the IMDF Specification in any media except as permitted herein, (3) modify the IMDF Specification, or (4) make any additional representations or warranties relating to the IMDF Specification. You may not use the IMDF Specification for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Apple or others.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IMDF SPECIFICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE IMDF SPECIFICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT THE IMDF SPECIFICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA, OR INFORMATION CONTAINED IN THE IMDF SPECIFICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

Apple reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate access to the IMDF Specification or any portion of the IMDF Specification for any reason; (2) to modify or change the IMDF Specification, or any portion of the IMDF Specification; and (3) to interrupt the operation of the IMDF Specification web sites, or any portion of the web sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE IMDF SPECIFICATION, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. If, notwithstanding the other provisions of these Terms of Use, Apple is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the IMDF Specification, Apple’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Apple, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and licensors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Apple by any third party due to or arising out of or in connection with your use of the IMDF Specification.

Miscellaneous

You expressly agree that the laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the IMDF Specification, and that the exclusive jurisdiction for any proceeding relating in any way to your use of the IMDF Specification will be the Northern District of California. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue. You may not use or export or re-export the IMDF Specification or any copy or adaptation of the IMDF Specification, or any product or service offered as part of the IMDF Specification, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Apple with regard to your use of the IMDF Specification, and any and all other written or oral agreements or understandings previously existing between you and Apple with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Apple, Apple will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Apple’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Apple of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Apple and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Last Updated: November 18, 2019