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Apple Computer, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY
BEFORE PRESSING THE "ACCEPT" BUTTON BELOW. BY PRESSING "ACCEPT,"
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT PRESS "ACCEPT."
1. License. The software, documentation and any fonts accompanying this
License whether on disk, in read only memory, on any other media or in any
other form (the "Apple Software") are licensed to you by Apple
Computer, Inc. or its local subsidiary, if any ("Apple"). You
own the media on which the Apple Software is recorded but Apple and/or Apple's
licensor(s) retain title to the Apple Software. The Apple Software and any
copies made and/or distributed under this License are subject to this License.
2. Permitted Uses and Restrictions. This License
allows you to copy, install and use the Apple Software on an unlimited number
of computers under your direct control. This software is provided for your
own use and may not be copied or distributed by you on magnetic or optical
media, or over networks, electronic bulletin boards, web sites or other
on-line services. Except as permitted by applicable law and this License,
you may not decompile, reverse engineer, modify in any way, disassemble,
rent, lease, loan, sell, distribute either for profit or without charge,
or sublicense the Apple Software or any portion thereof. Your rights under
this License will terminate automatically without notice from Apple if you
fail to comply with any term(s) of this License.
3. Disclaimer Of Warranty. Some of the Apple Software may be designated
as alpha, beta, development, pre-release, untested, or not fully tested
versions of the Apple Software. Such Apple Software may contain errors that
could cause failures or loss of data, and may be incomplete or contain inaccuracies.
You expressly acknowledge and agree that use of the Apple Software is at
your sole risk. The Apple Software is provided "AS IS" and without
warranty of any kind and Apple and Apple's licensor(s) (for the purposes
of Sections 3 and 4, Apple and Apple's licensor(s) shall be collectively
referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE APPLE SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO
NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING APPLE
PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT
OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY APPLE'S
NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS
LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability
to you for all damages exceed the amount of fifty dollars ($50.00).
5. Export Law Assurances. You may not use or otherwise
export or reexport the Apple Software except as authorized by United States
law and the laws of the jurisdiction in which the Apple Software was obtained.
In particular, but without limitation, the Apple Software may not be exported
or reexported (i) into (or to a national or resident of) any U.S. embargoed
country or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce's Table of Denial
Orders. By using the Apple Software, you represent and warrant that you
are not located in, under control of, or a national or resident of any such
country or on any such list.
6. Government End Users. If the Apple Software is supplied to the United
States Government, the Apple Software is classified as "restricted
computer software" as defined in clause 52.227-19 of the FAR. The United
States Government's rights to the Apple Software are as provided in clause
52.227-19 of the FAR.
7. Controlling Law and Severability. If there is a local subsidiary of
Apple in the country in which the Apple Software License was obtained, then
the local law in which the subsidiary sits shall govern this License. Otherwise,
this License shall be governed by the laws of the United States and the
State of California. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable, the remainder
of this License shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the Apple Software and supersedes
all prior or contemporaneous understandings regarding such subject matter.
No amendment to or modification of this License will be binding unless in
writing and signed by Apple.
APPLE COMPUTER, INC.
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