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LICENSE.TXT
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1995-12-03
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Apple Computer, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY 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, YOU ARE NOT AUTHORIZED TO INSTALL THIS
SOFTWARE.
1. License. The Software and any fonts accompanying this License
whether on disk, in read only memory, or on any other media
(collectively the "Software") are licensed, not sold, to you by Apple.
The Software in this package and any copies which this License
authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to
install and use the Software on Newton Products (which, for purposes
of this License, shall mean a product bearing Apple╒s Newton logo) and
workstations owned and/or operated by you. All copies of the Software
must include all copyright information contained on the original.
Except as permitted by applicable law and this License, you may not
decompile, reverse engineer, disassemble, modify, rent, lease, loan,
distribute, create derivative works from the Software or transmit the
Software over a network. You may not upload the Software to
electronic bulletin boards, web sites or distribute on magnetic or
optical media. You may, however, transfer your rights under this
License provided you transfer the related documentation, this License
and a copy of the Software to a party who agrees to accept the terms
of this License and destroy any other copies of the Software in your
possession. 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. 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 provisions 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. 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 paid for this License to the Software.
5. Export Law Assurances. You agree that the Software will not be
exported outside the United States except as authorized by United
States law. You also agree that 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 Software was obtained.
6. Government End Users. If the Software is supplied to the
Department of Defense ("DoD") of the United States Government, the
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 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. If there is a local subsidiary
of Apple in the country in which the Apple Software License was
purchased, 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 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.