Sphere 3D Corp. (ANY)

[derek32smith]

I agree that software is licensed, not sold. Many people incorrectly believe when they buy software that they own it. In reality, they are granted a "limited right to use" the software. Just reasd it before you click "Accept"

As you stated, Apple developers own their authored IP. However, that does NOT mean they have unlimited rights and privileges to distribute and operate the software that is based on the Apple Software Development Kit. Microsoft also restricts use of their software. Apple restricts their software to use on Apple hardware exclusively. Samsung does also.

Why is this important? Apple is the US market leader for smartphones and tablets, and is the defacto standard for enterprise, healthcare, government and education. Samsung has the largest market share, Globally, they represent more than 50% of the market.

iOS is the #1 development platform for mobile apps in enterprise and healthcare in North America.

Please read the Apple EULa's to understand that what you can and cannot do with their software, including operating systems, SDK's and third party apps that use Apple development tools.

https://developer.apple.com/programs/terms/ios/standard/ios_standard_agreement_20100909.pdf
No Other Permitted Uses
Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Apple Software or any services, in whole or in part, or to enable others to do so. You may not use the Apple Software or any services provided hereunder for any purpose not expressly permitted by this Agreement. You agree not to install, use or run the SDK on any non-Apple-branded computer, not to install, use or run the iOS and Provisioning Profiles on or in connection with devices other than iOS Products, or to enable others to do so

Please read the following Apple EULA for Developer Kit software product (i.e. the applications produced using the Apple SDK)
http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/
LICENSED APPLICATION END USER LICENSE AGREEMENT
Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Like wise, the EULA for ALL Apple software limits the use and operation of the software to Apple Hardware ONLY.

Thus, no vendor, Sphere included, can run iOS or Mac OSX or applications based on the Apple developer kits on any hardware other than Apple.

Look at the GW architecture diagram. The target OS runs on the "GW container"which runs on Windows Server on commodity x86 hardware box.

Can GW deliver Windows apps? Yes. Can it legally deliver Apple apps? No.