Apple Computer, Inc. Software License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE, 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 INSTALL THE SOFTWARE. 1. License. The software accompanying this License (the “Apple Software”) is licensed, not sold, to you by Apple Computer, Inc. (“Apple”). Apple and/or Apple's licensor(s) retain title to the Apple Software. The Apple Software accompanying this License and any copies which this License authorizes you to make are subject to this License. 2. Permitted Uses and Restrictions. You may use and install the Apple Software on as many of your Apple-labeled or Apple-licensed computers (“MacOS computers”) as are reasonably necessary to develop OpenDoc-compatible parts, containers, and applications designed to operate in combination with MacOS computers (“Applications”). You may not use the Apple Software for any other purpose, including but not limited to, in the development of, or for incorporation into, operating system software. In connection with the development of your Applications, you may also use, incorporate into your own Applications, compile, copy and distribute (in object code form only) as part of your Applications, the Apple Software identified in the Redistribution Information document in the Licensing Information folder accompanying the Apple Software, provided you reproduce on each copy the copyright information contained on the original copy of the Apple Software. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Apple Software in whole or part. 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, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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 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. THE LICENSE FEES FOR THE APPLE SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 4. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE APPLE SOFTWARE, EVEN IF APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR 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, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid for this License. 5. Export Law Assurances. You agree that the Apple Software will not be exported outside the United States except as authorized by United States law. You also agree that Apple Software that has been rightfully obtained outside of the United States shall not be re-exported except as authorized by the laws of the United States and of the jurisdiction in which the Apple Software was obtained. 6. Government End Users. If the Apple Software is supplied to the Department of Defense (“DoD”) of the United States Government, the Apple Software is classified as “Commercial Computer Software” and the DoD only acquires “restricted rights” as defined in Clause 252.227-7013(c)(1) of DFARS. If the Apple Software is supplied to any other unit of the United States Government, the Government’s rights are as defined in Clause 52.227-19(c)(2) of FAR or, in the case of NASA, as defined in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. 7. Controlling Law and Severability. 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.