That`s why today we`re releasing the iPhone Developer Program License Agreement, the agreement that any developer who writes software for the iTunes App Store must “sign.” Although more than 100,000 app developers clicked “I agree,” public copies of the agreement are rare, perhaps thanks to the prohibition on “making public statements about this agreement, its terms, or the relationship between the parties without Apple`s express written consent.” But when we saw NASA`s iPhone app, we used the Freedom of Information Act (FOIA) to request a copy from NASA so the public could see what rules controlled the technology they could use with their phones. NASA responded with rev. 3-17-09 of the agreement. The license agreement creates a non-exclusive, free intellectual property license from the app developer to Apple. This license includes all facets necessary to enable the distribution of the application to end users, including hosting and displaying the application, creating copies, and deleting end-user downloads. However, it is less to be expected that this license will include Apple`s right to use snippets of an application in its advertising materials (unless the developer warns Apple that the developer itself does not own these rights due to the embedded intellectual property of third parties). Pursuant to the License Agreement, Apple also grants the Developer a limited, non-exclusive, personal, revocable, non-licensable, non-transferable license to use Apple Software for application development and testing. However, Apple reserves the right to limit the number of devices on which this software can be installed. Finally, the license agreement describes the intellectual property license to be created between the developer and the end user of the application. The license agreement provides that the developer establishes its own end-user agreement under certain minimum conditions, including. However, in the event that the developer does not provide such an EULA, the end user will be subject to apple`s EULA of actions, which is set out in the iTunes Store Terms and Conditions of Sale. Apple`s App Store has created and still defines the app market in many ways.
With users downloading more than 7.8 million apps per day, distributing your product through this online store gives you instant access to consumers around the world. However, as even a superficial revision of the license agreement will demonstrate, Apple retains considerable control over any product offered on the App Store. One such control is the entrance fee for access to Apple`s famous fortified garden and one that more than 9 million developers were willing to pay.