BY CONTACTING APPLE FOR SUPPORT SERVICES OFFERED UNDER THE APPLECARE OS SUPPORT FOR RESELLERS SERVICE PLAN (AS USED HEREIN, “SERVICE PLAN”) OR REGISTERING A SERVICE PLAN WITH APPLE, THE ENTITY (“RESELLER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE SERVICE PLAN. PLEASE NOTE, HOWEVER, THAT SUPPORT SERVICES THAT ARE PROVIDED UNDER APPLE’S ONE YEAR LIMITED WARRANTY, RESELLER’S APPLECARE FOR ENTERPRISE CONTRACT, APPLECARE+, OR APPLECARE PROTECTION PLAN ARE GOVERNED BY THE TERMS OF THE RESPECTIVE WARRANTY OR APPLECARE SERVICE CONTRACT.

WITH RESPECT TO SUPPORT SERVICES THAT ARE GOVERNED BY THESE TERMS AND CONDITIONS, IF RESELLER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, RESELLER SHOULD NOT CONTACT APPLE OR REGISTER THE SERVICE PLAN. TO CANCEL A PURCHASED SERVICE PLAN, RESELLER SHOULD CONTACT APPLE, AS DESCRIBED BELOW. THE SERVICE PLAN WILL BE EFFECTIVE WHEN APPLE ACCEPTS RESELLER’S REGISTRATION (“EFFECTIVE DATE”).

1. Services. Apple will provide support services on Apple software products or related technologies (“Supported Products”) for the Service Plan, all as described in the AppleCare OS Support for Resellers product schedule to the Apple Authorized Reseller Agreement and at the following online webpage: apple.com/legal/sales-support/applecare/docs/AppleCare_Service_Plan.pdf (“Service Plan Support Page”). These support services are referenced herein as the “Support Services.” Apple reserves the right to amend the Support Services provided and/or Supported Products covered under a 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) reduces the level of effort Apple provides under the Support Services, or (ii) materially impacts Apple’s obligation to deliver the Support Services, or (iii) materially impacts the rights that Reseller receives under the Support Services. For any updates that affect Reseller’s Service Plan, Apple will notify Reseller of the update via the electronic mail address registered by Reseller no less than thirty (30) days prior to its posting. The terms described at the Service Plan Support Page are incorporated into these Terms and Conditions.

2. Limitations.

2.1 Support Incidents. This Service Plan offers a package of Support Incidents that may be used by Reseller in connection with servicing end customers (“Customers”) only. A “Support Incident” is a specific, discrete problem whose origin can be isolated to a single cause. Apple will make reasonable 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 Reseller 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. Each new Support Incident contact made by Reseller will decrease the remaining number of eligible Support Incidents.

2.2 Response Times. Apple will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under the Service Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Service Plan’s Hours of Operation described on the Service Plan Support Page.

2.3 Current Release. Unless otherwise specified, all Supported Products must be at their most current release level.

2.4 Use. Support Services are not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines or other activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.

2.5 Technical Contacts. Support Services are provided to a single person or to multiple persons designated by Reseller at time of registration and as allowed under the Service Plan (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Reseller and Apple for technical support of the Service Plan. For Service Plans with multiple Technical Contacts, if Reseller wishes to change the Technical Contacts, Reseller must give no less than five (5) days written notice of the change to Apple at the applicable Refund Contact Address described below or, if applicable to the Service Plan, enter the changes directly via the Reseller’s secure, customized website as described in the instruction documents delivered at the start of the Service Plan.

3. Exclusions. Unless otherwise specified in the Service Plan, Apple will not provide Support Services relating to problems or issues arising out of or from (a) the use of a Supported Product as a server-based application; (b) issues that could be resolved by upgrading a Supported Product; (c) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified; (d) third-party products or technologies and their effects on or interactions with a Supported Product; (e) damage to the media on which a Supported Product is provided, or to the computer on which a Supported Product is installed; (f) use of a computer system that is incompatible with a Supported Product; and (g) issues relating to Internet, email, file management, network configuration, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services described under a Service Plan.

4. Reseller Responsibilities. To receive Support Services, Reseller must register the Service Plan and follow the access instructions provided by Apple. Reseller is responsible for all fees in establishing and maintaining email and telephone communications with Apple and Customers. Reseller will cooperate with Apple when seeking Support Services by providing information necessary to assist Apple diagnosing an issue. Reseller is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Reseller will maintain and implement a complete data backup and disaster recovery plan. Reseller is solely responsible for any and all security of confidential, proprietary or classified information. Reseller will not disclose to Apple confidential, proprietary or any information that is subject to intellectual property rights that may expose Apple to liability. Reseller will have a reasonable understanding of the Supported Products for which it seeks Support Services and the computer system that it is operating on. Support Services are provided for use by Reseller to address problems for third party Customers only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of the Service Plan and these Terms and Conditions. Reseller will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Reseller will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.

5. Remote Access Support Services. As part of a Service Plan, Apple may provide Support Services via Internet remote access, whereby it will access, and if permitted by Reseller and Customer, control and gather information on Customer’s computer through the installation and use of remote access software. Installation and use of the remote access software by Reseller indicates its permission for Apple to provide Support Services in this way. To the extent Apple is required to provide Support Services via Internet remote access to a Customer, Reseller shall obtain Customer’s permission in writing for Apple and Reseller, as applicable to control and gather information on Customer’s computer through the installation and use of remote access software, as set forth in this paragraph. All or portions of the remote access software files may remain on Reseller and/or Customer’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 Inc. and/or its licensors. Use of the applicable remote access software may be subject to additional licensing terms available at apple.com/legal/sales-support/applecare/docs/remotesupport_terms.pdf. Neither Reseller nor Customer may 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 Customer’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Apple recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.

Important - Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a session.

6. 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 DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. 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 RESELLER FOR THE SERVICE PLAN ORDERED BY RESELLER. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, 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 apple.com/legal/sales-support/remote-support.

8. Term and Termination. Unless terminated earlier in accordance with this section, the Service Plan will continue for a term of twelve (12) months from the Effective Date or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by Apple in writing). Apple will not provide Support Services beyond the end of the Service Plan unless your Service Plan is renewed on or before its termination date. Apple may terminate the Service Plan at any time (a) if after providing Reseller no less than fifteen (15) days prior written notice, Reseller fails to pay fees due for the Service Plan, or (b) if after providing Reseller no less than thirty (30) days prior written notice, Reseller fails to cure a breach of these Terms and Conditions, or (c) if Reseller breaches a term of any software license agreement governing the use of software provided under a Service Plan. Except as otherwise provided by law and provided no Support Services have been received by Reseller, Reseller may cancel the Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Refund requests must be sent in writing, together with applicable proof of purchase to the Refund Contact address identified below. Sections 6, 7 and 12 will survive termination of these Terms and Conditions for any reason.

9. Governing Law. These Terms and Conditions are governed and interpreted by the laws stated in the corresponding section in Reseller’s Apple Authorized Reseller Agreement.

10. Additional Services or Software. Any additional services provided, as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at a Reseller or Customer’s location as part of a Service Plan, Reseller will ensure that Apple is granted access to the location at the arranged time and will secure a safe working environment sufficient for Apple to perform the Support Services. 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. Reseller or Customer 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 FAR. The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.

11. Data Protection. Reseller agrees and understands that it may be necessary for Apple to collect, process and use Reseller data as well as enterprise data from Customers, including Customer personal data, for whom Reseller is using a Support Incident under this Service Plan (“Enterprise data”) in order to perform the Support Services. This may include transferring Reseller or Enterprise data to affiliated companies or service providers in accordance with the terms of the Apple Privacy Policy (apple.com/legal/warranty/privacy). Apple will protect all Reseller and Enterprise data and information in accordance with the Apple Privacy Policy. If Reseller or Customer wishes to have access to the information that Apple holds concerning Reseller or Customer or if Reseller or Customer wants to make any changes, Reseller and Customer may update the personal contact preferences by accessing https://appleid.apple.com. Apple may record part or all of the calls between Reseller, Customer and Apple for training, quality assurance and reference purposes. Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a support session. Reseller should advise Customer and Reseller’s employees, agents, and contractors of this obligation.

12. General. Reseller may not assign its rights or obligations under a Service Plan. Any unauthorized assignment will be void. Apple will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions 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 Terms and Conditions.

13. Entire Agreement. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Apple and Reseller with regard to the Service Plan and the Support Services provided hereunder and supersede all prior negotiations, agreements, and understandings with respect to the subject matter. In the event of any inconsistencies between these Terms and Conditions, the Service Plan Support Page, the Product Schedule, and the Apple Authorized Reseller Agreement, the following order of precedence, from highest to lowest, shall apply with regard to the subject matter addressed herein: (1) the Service Plan Support Page; (2) these Terms and Conditions; and (3) the Apple Authorized Reseller Agreement.

“Apple" is identified in the table below according to the Reseller's principal place of business.