PLEASE READ THIS DOCUMENT 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.
1. License. The application (the "Software") and related documentation are licensed to you by Apple. You own the disk on which the Software is recorded but Apple retains title to the Software. This License allows you to use the Software on a single Apple computer and make one copy of the Software 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. You may also transfer the Software, the backup copy of the Software, 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 contains copyrighted material, trade secrets, and other proprietary information and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, lease, loan, sell, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transfer the Software from one computer to another over a network.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software 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 Software and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Apple, nor the direct product thereof, will be exported outside the United States except as authorized in advance by Apple, in writing, and as permitted by the laws and regulations of the United States.
5. Government End Users.
(a) If this Software is acquired by or on behalf of a unit or agency of the United States Government this provision applies. This Software: (i) was developed at private expense, and no part of it was developed with government funds; (ii) is a trade secret of Apple for all purposes of the Freedom of Information Act; (iii) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to Apple.
(b) For units of the Department of Defense (DOD), this Software is sold only with "Restricted Rights" as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFARS") 52.227-7013 (c) (1) (ii) and use, duplication or disclosure is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Manufacturer: Apple Computer, Inc., 20525 Mariani Avenue, Cupertino, California 95014.
(c) If this Software was acquired under a GSA Schedule, the Government has agreed: (i) to refrain from changing or removing any insignia or lettering from the Software that is provided or from producing copies of manuals or disks (except one copy for backup purposes); (ii) title to and ownership of this Software and any reproductions thereof shall remain with Apple; (iii) use of this Software shall be limited to the facility for which it is acquired; and (iv) if use of the Software is discontinued at the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to Apple, specifying the type of computer and new location site.
(d) Government personnel using this Apple Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions which are the same as, or similar to, those specified above.
6. Limited Warranty on Media. Apple warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Apple's entire liability and your exclusive remedy will be replacement of the disk not meeting Apple's limited warranty and which is returned to Apple or an Apple authorized representative with a copy of the receipt. Apple will have no responsibility to replace a disk damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE DISKS, 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 FROM STATE TO STATE.
7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and Apple EXPRESSLY DISCLAIMS 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 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 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 SOFTWARE PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES 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 RELATED DOCUMENTATION, EVEN IF APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES 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.
9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the State of California, except that body of California law concerning conflicts of law. 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 related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
