AppleCare for Enterprise

Terms and Conditions
AS A COMMERCIAL ENTERPRISE PURCHASER OF APPLE PRODUCTS PURSUANT TO AN APPLICABLE PURCHASE AGREEMENT (“UNDERLYING PURCHASE”), YOU ARE ELIGIBLE TO PURCHASE THE SUPPLEMENTAL WARRANTY SERVICE PLAN DESCRIBED HEREIN (“SERVICE PLAN”).  BY CONTACTING APPLE FOR SUPPORT SERVICES OFFERED UNDER THIS SERVICE PLAN (“SERVICE PLAN”), YOU (HEREINAFTER, "ENTERPRISE" OR “YOU”) AGREE THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SERVICES UNDER THE SERVICE PLAN. PLEASE NOTE THAT SERVICES PROVIDED UNDER THE LIMITED WARRANTY IN YOUR EQUIPMENT PURCHASE AGREEMENT OR UNDER APPLICABLE LAW, AS THE CASE MAY BE, ARE GOVERNED UNDER THE TERMS OF THE RESPECTIVE PURCHASE AGREEMENT AND/OR APPLICABLE WARRANTY LAW. WITH RESPECT TO SERVICES THAT ARE GOVERNED BY THESE TERMS AND CONDITIONS, BY CONTACTING APPLE TO OBTAIN SERVICES UNDER THE SERVICE PLAN OR BY REGISTERING THE SERVICE PLAN, ENTERPRISE AGREES TO THESE TERMS AND CONDITIONS.
 
The rights described in these terms and conditions in respect of returns, refunds and warranties are in addition to your statutory rights..
 
1. The Service Plan Generally. This Service Plan is a non-insurance, supplemental warranty providing hardware service and technical support services for the Apple-branded products and the bundled accessories contained in the original packaging (“Included Devices”) listed in your Service Plan documentation (“Plan Confirmation”). This Service Plan is intended to ensure that the Included Devices obtained by you through the Underlying Purchase continue to perform at the high level of quality for which Apple has become respected.  Your Plan Confirmation is incorporated by reference into these Terms and Conditions.
 
In addition to the Included Devices, Apple will also provide hardware service and technical support services for Apple-branded mice, Apple battery chargers, and other Apple-branded accessories purchased from Apple and used with the Included Devices (which together with the Included Devices are collectively referred to as the “Included Equipment”).
 
As more fully described below, this Service Plan includes three distinct benefits to Apple’s enterprise customers: (a) high-end express service provided on a next business day basis for repair or replacement services due under the existing warranty provisions of the original purchase agreement(s) applicable to the Included Equipment; (b) high-end repair or replacement service provided on a next business day basis for defects in materials and workmanship on Included Equipment after expiration of the warranty provision of the original hardware purchase agreement for an additional period up to three (3) years from the original date of purchase; and (c) Enterprise requested replacement of Included Devices from a pool of devices owned by Apple but made available to the Enterprise at its option (“Replacement Devices”). The Service Plan also provides enhanced IT support services to Enterprise, on a 24 hours a day, 7 days a week basis (“24/7 Basis”).
 
2. Term. The Service Plan begins when you register the Service Plan and Apple accepts your registration and the Service Plan ends on the date specified in your Plan Confirmation (“Plan Term”). Your Plan Confirmation will be provided to you at or about the time of purchase. Service under this Service Plan is additional to any services provided under applicable mandatory laws, the manufacturer’s hardware warranty contained in the applicable original purchase agreements, and complimentary technical support. Apple will not provide Support Services beyond the end of this Service Plan.
 
3. Services Provided Under The Service Plan.
 
3.1 Hardware Service
 
If during the Plan Term, you submit a valid service request by notifying Apple that (i) a defect in materials and workmanship has arisen in the Included Equipment, or (ii) the capacity of the Included Equipment’s battery to hold an electrical charge is less than eighty (80%) percent of its original specification, Apple will either (a) repair the defect at no charge using new parts or parts that are equivalent to new in performance and reliability, or (b) exchange the Included Equipment with a Replacement Device that is new or equivalent to new in performance and reliability. All Replacement Devices provided under this Service Plan will at a minimum be functionally equivalent to the original product. If Apple exchanges the Included Equipment, the original Included Equipment turned in to Apple becomes Apple’s property and the Replacement Device becomes the Enterprise’s property and shall be considered Included Equipment. The Service Plan will apply to the replaced Included Equipment for the remaining period of the Service Plan.
 
3.2 Hardware Service Options
 
3.2.1 Apple will provide hardware services to the Enterprise through one or more of these options:
 
(i) Next Day On-site Service. Next day on-site service is available if the location of the Included Equipment is within the scope of the on-site service area, as described on the online at https://www.apple.com/support/products/enterprise/onsite.html. When on-site service is requested within the service area, Apple will dispatch a service technician to the location of the Included Equipment for the purpose of performing services. Apple will use reasonable efforts to provide a service technician at the location within the response times specified on https://www.apple.com/support/products/enterprise/onsite.html. If a service technician visits a location at an agreed time and no Enterprise representative is available to provide access, Apple may charge a fee for the call. Further information about onsite service, including service area and response times, is available at the Service Plan Support Page https://www.apple.com/support/products/enterprise/onsite.html.
 
(ii) Carry-in service. Carry-in service is available for most Included Equipment products, as long as the Enterprise has made arrangements with an Apple-owned retail store location or an Apple Authorized Service Provider (“AASP”) that offers carry-in service for testing and repair services, including providing the necessary Service Plan information. Service will be performed at the store or AASP location, or the store may send the Included Equipment to an Apple repair service (“ARS”) site for service. Once the Enterprise or its representative is notified that service is complete, the Enterprise or its authorized representative must promptly retrieve the Included Equipment or arrange for the Included Equipment to be delivered to your location within the on-site Service area by calling your service representative. Apple will pay for shipping the Included Equipment to your location.
 
(iii) Mail-in Service. Direct mail-in service is also available for most Included Equipment products. If Apple determines that your Included Equipment is eligible for mail-in service and you choose this option, Apple will send or deliver to you prepaid way bills (and if you no longer have the original packaging, packaging material) and you will ship the Included Equipment to an ARS site in accordance with Apple’s instructions. Once service is complete, the ARS site will return the Included Equipment to you. Apple will pay for shipping the Included Equipment to and from your location if you follow all instructions.
 
(iv) Express Replacement Service (“ERS”) or Do-It-Yourself (“DIY”) Parts Service. ERS is available for certain Included Equipment products. DIY parts service is available for many Included Equipment parts or accessories, and this will allow your information technology or similar department (“IT Department”) to service your own Included Equipment, if you choose to do so. If ERS or DIY parts service is available, the following process will apply.
 
         a) Service where Apple requires return of the replaced Covered Equipment or part. Apple may require a credit card authorization to serve as security for the retail price of the replacement Covered Equipment or part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Apple will offer an alternative arrangement for service. Apple will ship a replacement Equipment or part to you with installation instructions, if such are applicable, and any requirements for the return of the replaced Covered Equipment or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Covered Equipment or part and shipping to and from your location. If you fail to return the replaced Covered Equipment or part as instructed or return a replaced Covered Equipment or part that is ineligible for service, Apple will charge the credit card for the authorized amount.
 
         (b) Service where Apple does not require return of the replaced product or part. Apple will ship you free of charge a Replacement Device or part accompanied by instructions for installation, if applicable, and any requirements for the disposal of the replaced product or part.
 
         (c) Apple is not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance with the ERS or DIY service after you receive the replacement part, you should contact your Apple representative as listed on your Service Plan.
 
3.3 Technical Support
 
3.3.1 IT Department Technical Support. Upon acceptance of Enterprise’s registration, Apple will provide technical support services (“Support Services”) on Apple software products or related technologies (“Supported Products”) for the applicable Service Plan, all as described at the following online webpage: https://www.apple.com/legal/sales-support/applecare/docs/AppleCare_Service_Plan.pdf (“Service Plan Support Page”). Apple reserves the right to amend the Support Services provided and/or Supported Products included under the Service Plan, at any time, by posting updates to the Service Plan Support Page. Apple will not amend the Support Services and/or Supported Products in a way that (i) materially reduces the benefits provided to Enterprise under the Support Services, (ii) materially impacts Apple’s obligation to deliver the Support Services to Enterprise, or (iii) materially impacts the rights or benefits that Enterprise receives under the Support Services. For any updates that affect Enterprise’s Service Plan, Apple will notify Enterprise of the update via the electronic mail address registered by Enterprise no less than thirty (30) days prior to the effective date of the update. The terms described at the Service Plan Support Page, as may be amended from time to time, are incorporated into these Terms and Conditions as if fully set forth herein. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.
 
 
3.3.2 End-User Technical Support. During the Plan Term, Apple will provide your end-users with access to telephone and web-based technical support resources on a 24/7 Basis. End-User Technical Support may include assistance with installation, launch, configuration, troubleshooting, and recovery (excluding data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required. Apple will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, the term "Major Release" means a significant version of software that is commercially released by Apple in a release number format such as "1.0" or "2.0" and which is not in beta or pre-release form.
 
3.4 Scope of End-User Technical Support
 
Under the Service Plan, Apple will provide End-User Technical Support for the following:
 
(i) Included Equipment.
 
(ii) OS X, iOS, tvOS, and watchOS Operating Systems (“OS”) and Apple-branded software applications that are designed to operate with the Included Equipment, including but not limited to Keynote, Pages, Numbers, Photos, iMovie, GarageBand, Aperture, Final Cut Pro, Logic Pro, Motion, Compressor, MainStage (also referred to as “Software”). Apple will also provide technical support using the graphical user interface for server administration and network management issues on Apple’s operating system server software (“OS X Server”) on a Mac.
 
(iii) Connectivity issues between Included Equipment and a Supported Computer. A “Supported Computer” means a computer that meets the Included Equipment’s connectivity specifications and runs an operating system supported by the Included Equipment.
 
3.5 Replacement Option
 
3.5.1 iPhone, iPod Touch and iPad Replacement Pool.    
During the Plan Term, Apple will make available to the Enterprise a pool of Replacement Devices that are new or equivalent to new in performance and reliability, the total number of which shall not exceed 10% of the total number of devices that are Included Devices under the Service Plan (“Replacement Pool”). Enterprise may draw from the Replacement Pool to replace Included Devices at any time and for any reason, subject always to the availability of devices remaining in the Replacement Pool, so long as Enterprise returns an Included Device that will be replaced to Apple. The device that is returned to Apple shall become Apple’s property, without lien or other encumbrance, and the device from the Replacement Pool shall become the property of the Enterprise, without lien or other encumbrance. The device from the Replacement Pool will be the same model as the Included Device returned to Apple. If the Service Plan ends for any reason prior to the Enterprise’s use of all available Replacement Devices in the Replacement Pool, Enterprise’s interest in and access to the Replacement Devices in the Replacement Pool shall immediately cease, and the devices in the Replacement Pool shall immediately revert to Apple’s sole and unconditional ownership.
 
3.5.2 Service Plan Applies To Devices Drawn from the Replacement Pool.
If the Enterprise draws a device from the Replacement Pool, the Service Plan shall apply to such device, and the device shall become an Included Device for the balance of the Term of the Service Plan.
 
3.5.3 Failure to Provide Original Included Device to Apple.
If Enterprise requests a device from the Replacement Pool, but fails to return the original Included Device to Apple within 14 days of receipt of the Replacement Device, the Enterprise will be charged for the Replacement Device at the then current manufacturer suggested retail price for the device supplied to the Enterprise. In these circumstances, the Replacement Device will not become an Included Device under the Service Plan.
 
4. Plan Limitations.
 
4.1 Hardware Service. The hardware service described in section 3.1 of this Service Plan does not apply to:
 
(i) Installation, removal or disposal of the Included Equipment, or the provision of equipment while the Included Equipment is being serviced or repaired;
 
(ii) Damage caused by (a) a product that is not the Included Equipment, (b) accident, abuse, misuse, damaged caused by liquid contact other than as a result of defect in material and workmanship, fire, earthquake or other external cause, (c) operating the Included Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including hardware upgrades and expansions) performed by anyone who is not a representative of Apple or an AASP;
 
(iii) Included Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.;
 
(iv) Included Equipment that has been lost or stolen;
 
(v) Cosmetic damage to the Included Equipment including but not limited to scratches, dents and broken plastic on ports;
 
(vi) Preventive maintenance on the Included Equipment; or
 
(vii) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
 
Notwithstanding the foregoing, Enterprise has the option of accessing Replacement Devices from the Replacement Pool, to the extent any are available, to replace Included Devices. 
 
4.2 Technical Support. The technical support described in section 3.3 of this Service Plan does not include:
 
(i) Issues that could be resolved by upgrading software to the then current version; provided, however, that Apple will provide Enterprise with instructions and support on upgrading software.
 
(ii) Enterprise’s or its employee’s or agent’s use of or modification to the Included Equipment, the OS, or Software in a manner for which the Included Equipment or software is not intended to be used or modified;
 
(iii) End-User Technical Support for third-party products and software or their effects on or interactions with the Included Equipment, the OS, or Software;
 
(iv) Technical Support for OS software or any Apple-branded software designated as “beta”, “prerelease,” or “preview” or similarly labeled software;
 
(v) End-User Technical Support for OS X software for servers, except when using the graphical user interface for server administration and network management issues in OS X Server on a Mac;
 
(vi) Third-party web browsers, email applications, and internet service provider software, or the OS configurations necessary for their use;
 
(vii) Damage to, or loss of any software or data residing or recorded on the Included Equipment. Recovery and reinstallation of software programs and user data are not included under this Service Plan; and
 
(viii) Issues relating to Internet, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, or other issues except as otherwise specifically described as being within the scope of the Support Services under your Service Plan.
 
4.3     Replacement Option.  The replacement option described in section 3.5 of this Service Plan does not apply to:
 
(i)       An Included Device with a serial number that has been altered, defaced or removed, or that has been modified to alter its functionality or capability without the written permission of the manufacturer; or
 
(ii)      An Included Device that has been lost or stolen.  The replacement option requires that an Included Device be returned to Apple for a Replacement Device. 
 
5. Technical Support Limitations.
 
5.1 Support Incidents. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. Apple will make best efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Apple, in its sole discretion, will determine what constitutes a Support Incident and, to the extent permitted by law, if the Support Incident is resolved. Generally, a Support Incident is resolved when Enterprise receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.
 
5.2 Response Times. Apple will provide Support Services on a 24/7 Basis, subject to the exceptions described in the Service Plan’s Hours of Operations described on the Service Plan Support Page. Apple will make best efforts to respond to a Support Service request diligently within the response time described under the Service Plan (“Response Time”), but does not guarantee that a resolution will be provided within a specific time period.
 
5.3 Use. Support Services are not intended for use in connection with high risk activities or functions, including, without limitation, the operation of nuclear facilities, aircraft navigation, communication systems, systems used to dispatch first responders, air traffic control services, life support systems or services, or other activities in which the failure of the Support Services quickly to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.
 
5.4 Technical Contacts. Support Services are provided to persons designated by Enterprise at time of registration and as allowed under the Service Plan (“Technical Contacts”). Technical Contacts are the sole liaisons between Enterprise and Apple for technical support of the Service Plan. If Enterprise wishes to change the Technical Contacts, Enterprise must give no less than five (5) days written notice of the change to Apple at the applicable address listed below or enter the changes directly via the Enterprise’s secure, customized website as described in the instruction documents delivered at the start of the Service Plan.
 
6. Obtaining Service and Support
 
You may obtain services, which include those relating to Enterprise Requested Replacements, or requests for hardware services or technical support, by following the instructions provided in your Plan Confirmation.
 
7. Enterprise Responsibilities. To receive Services, Enterprise must register the Service Plan and follow the access instructions provided by Apple. Enterprise is responsible for all fees in establishing and maintaining email and telephone communications with Apple. Enterprise will cooperate with Apple when requesting Support Services by providing information to Apple necessary to assist in diagnosing any technical issue. Enterprise is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Enterprise will maintain and implement a complete data backup and disaster recovery plan. Enterprise is solely responsible for any and all security of its confidential, proprietary or classified information. Enterprise will not disclose to Apple confidential, proprietary or any information that is subject to intellectual property rights, which may expose Apple to liability. Enterprise will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system on which it is operating. Enterprise may not transfer Support Services to a third party. Support Services are provided for the internal use of Enterprise only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of this Service Plan. Enterprise will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Enterprise will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services to perform routine updates or other task reasonably within the purview and skill of Enterprise’s own IT Department.
 
In the event that Support Services are provided at an Enterprise’s location as part of a Service Plan, Enterprise will ensure that Apple or its authorized representative is granted access to the location at the arranged time. Enterprise will secure a safe working environment sufficient for Apple to perform the Support Services.
 
8. Remote Access Support Services. As part of the Service Plan, Apple may provide Support Services via internet remote access, whereby it will access, and if permitted by Enterprise, control and gather information on Enterprise’s computer through the installation and use of remote access software. Installation and use of the remote access software by Enterprise indicates its permission for Apple to provide Support Services in this way. All or portions of the remote access software files may remain on Enterprise’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with Apple and/or its licensors. Use of the applicable remote access software may be subject to additional licensing terms available at https://www.apple.com/legal/sales-support/remote-support/. Enterprise may not disassemble or reverse engineer any portion of the remote access software. While remote access Support Services are provided, Apple will only access, control and gather information on Enterprise’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Apple recommends that Enterprise close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Enterprise’s computer will allow Enterprise to terminate the remote access Support Service session at any time.
 
9. Disclaimer of Warranty. ALTHOUGH APPLE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, APPLE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, APPLE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATING TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
10. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, APPLE'S AND ITS LICENSOR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY ENTERPRISE FOR THE SERVICE PLAN ORDERED BY ENTERPRISE. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY:
(i) INDIRECT DAMAGES;
(ii) SPECIAL DAMAGES;
(iii) INCIDENTAL DAMAGES;
(iv) CONSEQUENTIAL DAMAGES;
(v)DAMAGES FOR LOST PROFITS;
(vi) DAMAGES FORLOSS OF DATA;
(vii) DAMAGES FOR LOSS OF USE OF EQUIPMENT;
(viii) DAMAGES FOR LOSS OF USE OF FACILITIES; OR
(ix) DAMAGES FORINTERRUPTION OF BUSINESS,
 ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY (WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT, OR OTHERWISE), WHETHER OR NOT APPLE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OTHER DISCLAIMERS MAY BE CONTAINED IN THE LICENSING TERMS APPLICABLE TO THE REMOTE ACCESS SOFTWARE AVAILABLE AT https://www.apple.com/legal/sales-support/remote-support/.
 
11. Cancellation.
 
You may cancel this Service Plan at any time for any reason. If you decide to cancel this Service Plan, you may call Apple at 1800 804 062 from within Ireland to do so, or you may send written notice with your Plan Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. You must send a copy of the Service Plan’s original proof of purchase with your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of purchase of the Service Plan, or receipt of the Service Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Service Plan. If you cancel more than thirty (30) days after your receipt of this Service Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Service Plan term, less the value of any service provided to you under the Service Plan.
 
Unless applicable local law provides otherwise, Apple may terminate a Service Plan at any time (a) if after providing Enterprise no less than fifteen (15) days’ prior written notice, Enterprise fails to pay fees due for a Service Plan, (b) if after providing Enterprise no less than thirty (30) days’ prior written notice, Enterprise fails to cure a breach of these Terms and Conditions, (c) if Enterprise breaches a term of any software license agreement governing the use of software provided under a Service Plan, or (d) for fraud or material misrepresentation by Enterprise, its employees or agents. Unless applicable local law provides otherwise, Apple may also cancel this Service Plan if service parts for the Included Equipment are not available, upon thirty (30) days prior written notice. If Apple cancels this Service Plan for the unavailability of service parts, you will receive a pro-rata refund for the Service Plan’s unexpired term. Sections 9, 10 and 15 will survive termination of this Service Plan for any reason.
 
12. Apple; Governing Law. “Apple" is Apple Distribution International, Hollyhill Estate, Hollyhill, Cork Ireland. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF IRELAND, AND THE COURTS OF IRELAND WILL HAVE JURISDICTION OVER THE MATTER.
 
13. Use of Software In the event that software is provided as part of a Service Plan, such software is the copyrighted works of Apple Inc. and/or its licensors. Enterprise may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software. Any software that is made available to the United States Government under these Terms and Conditions is classified as “restricted computer software” as defined in clause 52.227-19 of the Federal Acquisition Regulations (“FAR”). The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.
 
14. Data Protection and Privacy. Enterprise agrees and understands that it is necessary for Apple to collect, process and use Enterprise data in order to perform the service and support obligations under the Service Plan. This may include transferring Enterprise data to affiliated companies or service providers in accordance with the terms of the Apple Privacy Policy (https://www.apple.com/legal/warranty/privacy). Apple will protect Enterprise’s information in accordance with the Apple Privacy Policy. If employees of the Enterprise wish to have access to the information that Apple holds concerning them or if employees of the Enterprise want to make any changes, the employees of the Enterprise may update their contact preferences by accessing the Privacy Update webpage (https://www.apple.com/contact/myinfo). Apple may record part or all of the calls between Enterprise’s representatives and Apple for training, quality assurance and reference purposes.
 
Important - Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a support session. Enterprise should advise its employees, agents and contractors who may be in possession of Included Equipment of this obligation.
 
15. Miscellaneous.
15.1 No Assignment. Enterprise may not assign its rights or obligations under a Service Plan without the prior consent of Apple. Any unauthorized assignment will be void.
 
15.2 Force Majeure. Apple will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.
 
15.3 No Waiver. A waiver of any breach or default under this Service Plan shall not constitute a waiver of any subsequent breach or default.
 
15.4 Enforceability.  If a court of competent jurisdiction holds that any provision of this Service Plan is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Service Plan.
 
15.5 Entire Agreement. The Service Plan, including any additional terms referenced on the web pages referenced and incorporated herein, constitutes the entire agreement between Apple and Enterprise with regard to the Service Plan, including the Support Services and Replacement Pool, provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorized representative of Apple. Any term or condition on any order or other document submitted by Enterprise shall be of no force or effect whatsoever, and is specifically rejected.
 
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