PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE ENCLOSED COMPACT DISC. BY USING THIS COMPACT DISC, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED COMPACT DISC TO THE PLACE WHERE YOU OBTAINED IT.
1. License. The application, demonstration, system and other software contained on this compact disc (the “Software”) and related documentation and other materials (the "Materials") are licensed to you by Apple. You own the compact disc on which the Software and Materials is recorded but Apple and/or Apple's Licensor(s) retain title to the Software and Materials. This License allows you to use the Software and Materials on a single Apple computer and/or copy the Software and Materials over a network for use on Apple computers provided the network is only accessible within your organization. You may also transfer all your license rights in the Software, Materials and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The Software and Materials contain copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software and Materials to a human-perceivable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the Software and Materials in whole or in part. You may not electronically transmit the Software and Materials from one computer to another or over a network other than as permitted under this License
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the compact disc, Software and Materials and all copies thereof. This License will terminate immediately without notice from Apple if you fail to comply with any provision of this License. Upon termination you must destroy the compact disc, Software and Materials and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the compact disc, Software and Materials nor any other technical data received from Apple, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Apple, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
5. Government End Users. If you are acquiring the Software and Materials on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
(i) if the Software and Materials is supplied to the Department of Defense (DoD), the Software is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in the Software and Materials as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software and Materials is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in the Software and Materials will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
6. Disclaimer of Warranty on Software and Materials. You expressly acknowledge and agree that use of the Software and Materials is at your sole risk. The Software and Materials are provided “AS IS” and without warranty of any kind and Apple and Apple's Licensor(s) (for the purposes of provisions 7 and 8, 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 SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND/OR MATERIALS WILL BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR MATERIALS 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 SOFTWARE AND/OR MATERIALS 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.
8. 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 SOFTWARE OR MATERIALS, 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 THE ABOVE LIMITATION OR EXCLUSION 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 of $500.
9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and Materials, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Apple.
