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Can iOS Enterprise Apps Be Used By Customers?

http://mobiledan.net/2012/09/08/can-ios-enterprise-apps-be-used-by-customers/

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Can iOS Enterprise Apps Be Used By Customers?

Can iOS Enterprise Apps Be Used By Customers?

SEPTEMBER 8, 2012 BY DAN
LAMPPA 9
COMMENTS

In this post I will respond to a few questions about the iOS Developer Enterprise Program in reaction to my blog post 5
Options for Distributing Your iOS App to a Limited Audience (Legally).

My blog post included a quote from the Enterprise License agreement:

“Internal Use Applications developed under this Agreement may be deployed on Deployment Devices in two ways: (1) deployment for internal use by Employees, and (2) deployment for use by Customers either on Your physical premises or under the direct supervision
and physical control of Your Employees in other locations, subject to Apple’s right to review and approve such deployment as set forth herein.”

A reader asked that I clarify the inclusion of “Customers”.

I had taken this quote from another’s blog post assuming it was from the Apple Enterprise license agreement. The first thing I have done is gotten a hold of that agreement and verified that it is indeed from the agreement. I have included the exact text from
the agreement in the quote above.

As I searched for the quote in the 37 page agreement, I came across a few parts that may help explain the “customers” reference:

The following excerpts were in the definitions section of the document:

““Customer” means a current user of Your products or services or a user to whom you are providing a demonstration of Your products or services.”

““Employees” means employees and contractors of Your company or organization, or of Your MDM Customer’s company or organization. If You are an educational institution, the term ”Employees” also includes faculty, staff and students of Your institution,
and if You are a hospital, the term “Employees” also includes credentialed physicians, referring physicians and clinicians.”

The following is from the Permitted Uses and Restrictions section and relates to customers:

[A permitted use is to...] (f) Allow Your Customers to use Your Internal Use Applications, but only (i) on Your physical premises, or (ii) in other locations, provided all such use is under the direct supervision and physical control of Your Employees (e.g.,
a sales presentation to a Customer).

Except as set forth in Section 2.1(f) [The section quoted above], You may not use, distribute or otherwise make Your Internal Use Applications available to Your Customers or to any third parties in any way.

*This paragraph forbids using an Enterprise app for receiving payment from customers.

“An Internal Use Application that will be used by Customers may not permit commerce, credits or purchases of any kind to be made through the use of such Application. Further, You may not charge Customers in any way for the use of such Application.”

*This paragraph allows Apple oversight of Enterprise apps deployed to customers.

Internal Use Applications used by Customers

You understand and agree that Apple reserves the right to review and approve or reject any Internal Use Application that You would like to deploy for use by Your Customers (or that is already in use by Your Customers) at any time during the Term of this Agreement.
If requested by Apple, You agree to fully cooperate with Apple and promptly provide such Internal Use Application to Apple. You agree not to attempt to hide, misrepresent, mislead, or obscure any features, content, services or functionality in Your submitted
Internal Use Applications from Apple’s review or otherwise hinder Apple from being able to fully review such Applications.

*An exception is made for a vendor that is developing the Enterprise App

Internal Use Applications or Passes shall not be used, distributed or made available to other companies, vendors (except for vendors who are developing the Internal Use Application or Pass for You on a custom basis and therefore need to use or have
access to such Internal Use Application or Pass), distributors, resellers, end-users or members of the general public in any manner.