Date: Fri, Jul 24, 2009 at 4:45 PM
Subject: Notice of Termination
Please include the line below in follow-up emails for this request.
July 24, 2009
XXXXXXXXX, California 9XXXX
Dear Mr. Shaikh:
This letter serves as notice of termination of the iPhone Developer Program License Agreement (the "iDP Agreement") and the Registered iPhone Developer Agreement (the "Registered Developer Agreement") between you and Apple, effective immediately.
Pursuant to Section 3.2(d) of the iDP Agreement, you agreed that "to the best of Your knowledge and belief, Your Application and Licensed Application Information do not and will not violate, misappropriate, or infringe any Apple or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Application)." Apple has informed you of numerous third party intellectual property complaints concerning over 100 of your Applications and reminded you of your obligations to obtain the necessary rights prior to submission of your Applications. Nevertheless, we continue to receive the same or similar types of complaints regarding your Applications despite our repeated notices to you. The persistent nature of such complaints has led us to conclude that you are entering into the representations and warranties in the iDP Agreement in bad faith by misrepresenting that you have all the necessary rights for your submissions.
As required by Section 12.3 of the iDP Agreement and Section 8 of the Registered Developer Agreement, please erase and destroy all copies, full or partial, of the Apple Software and any information pertaining to the services and all copies of Apple Confidential Information in your and your Authorized Developers' possession or control. After you have completed those steps, please provide certification of that destruction to Apple, as provided in Section 12.3 and Section 8. Finally, please note your additional obligations on termination as set forth in those same sections. This letter is not intended as a complete statement of fact with respect to the subject matter hereof, and nothing in this letter should be construed as a waiver of any rights or remedies Apple may have in connection with this matter, all of which are expressly reserved.
Worldwide Developer Relations (WWDR)