23.3.08

The draconian terms of Apple's iPhone developer program

APIs and Functionality:

3.3.1      Applications may only use Published APIs in the manner prescribed by Apple and must not use or call any unpublished or private APIs.


3.3.2      An Application may not itself install or launch other executable code by any means, including without limitation through the use of a plug-in architecture, calling other frameworks, other APIs or otherwise. No interpreted code may be downloaded and used in an Application except for code that is interpreted and run by Apple's Published APIs and built-in interpreter(s).


3.3.3      Without Apple's prior written approval, an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the iTunes Store.


3.3.4      An Application may write data on a device only to the Application's designated container area, except as otherwise specified by Apple.



User Interface and Data:

3.3.5      Applications must comply with the Human Interface Guidelines and other Documentation provided by Apple.


3.3.6      Any form of user or device data collection, or image, picture or voice capture or recording performed by the Application (collectively "Recordings"), and any form of user data, content or information uploading, syncing, or transmission performed by the Application (collectively "Transmissions") must comply with all applicable privacy laws and regulations as well as any Apple program requirements related to such aspects, including but not limited to any notice or consent requirements. In particular, a reasonably conspicuous visual indicator must be displayed to the user as part of the Application to indicate that a Recording is taking place.



Location Services:

3.3.7       For Applications that use location-based APIs:


-  You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, transmission, maintenance, processing, use, etc. of the user's location data by the Application.


-  Applications may not be designed or marketed for the purpose of harassing, abusing, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others.


-  Applications may not be designed or marketed for real time route guidance; automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes.


-  Applications may not use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services provided by Apple or its licensors, or to collect information about users for any unauthorized purpose.


3.3.8      Applications that offer location-based services or functionality must notify and obtain consent from an individual when his or her location data is being collected, transmitted or otherwise used by the Application.


3.3.9      Applications must not disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like intended to notify the user that the user's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is withheld, Applications may not collect, transmit, maintain, process or utilize the user's location data.


Content and Materials:

3.3.10      Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by Apple to You or any third party. In addition, if Your Application will be distributed outside of the United States, any master recordings and musical compositions embodied in Your Application (a) must not fall within the repertoire of any mechanical or performing/communication rights collecting or licensing organization now or in the future and (b) if licensed, must be exclusively licensed to You for Your Application by each applicable copyright owner.


3.3.11      If Your Application includes or will include any other content, You must either own all such content or have permission from the content owner to use it in Your Application.


3.3.12      Applications must not contain any obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, etc.), or other content or materials that in Apple's reasonable judgment may be found objectionable by iPhone or iPod touch users.


3.3.13      Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, "backdoors") which could damage, destroy, or adversely affect other software, firmware, hardware, data, systems, services, or networks.


3.3.14      If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms.  You also agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the Apple Software to be subject to any FOSS licensing terms or obligations.



Cellular Network:

3.3.15      If an Application requires or will have access to the cellular network, then additionally such Application:
-  Must comply with Apple's best practices and other guidelines on how Applications should access and use the cellular network;
-  Must not in Apple's reasonable judgment excessively use or unduly burden network capacity or bandwidth;
-  May not have Voice over Internet Protocol (VoIP) functionality.