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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.
-
-