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- Apple Computer, Inc. QuickTime(tm) License.
-
-
- PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
- USING 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,
- PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED
- IT AND YOUR MONEY WILL BE REFUNDED.
-
- 1. LICENSE. The application, demonstration, system and other
- software accompanying this License, whether on disk, in read only
- memory, or on any other media (the "Software") the related
- documentation and other materials (the "Materials") are licensed to
- you by Apple. You own the compact disc on which the Software and
- Materials are recorded but Apple and/or its 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 make one
- copy of the Software and Materials in machine-readable form for
- backup purposes only. You must reproduce on such copy the Apple
- copyright notice and any other proprietary legends that were on the
- original copy of the Software and Materials. You may also transfer
- all your license rights in the Software and Materials, the backup
- copy of the Software and Materials, the related documentation 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 computer or
- over a network.
-
- 3. TERMINATION. This License is effective until terminated. You
- may terminate this License at any time by destroying the compact
- disc, Software and Materials, related documentation 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, related documentation 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 and Materials have been rightfully obtained by you outside
- the United States, you agree that you will not reexport 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 and Materials.
-
- 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 are 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 are 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. LIMITED WARRANTY ON MEDIA. Apple warrants the compact disc on
- which the Software and Materials are recorded to be free from
- defects in materials and workmanship under normal use for a period
- of ninety (90) days from the date of delivery. Apple's entire
- liability and your exclusive remedy will be replacement of the disc
- not meeting Apple's limited warranty and which is returned to
- Apple. Apple will have no responsibility to replace a disc damaged
- by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON
- THE DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY
- (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
- VARY BY JURISDICTION.
-
- 7. 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 8 and 9, 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 paid by you for the Software and
- Materials.
-
- 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.