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- APPLE SOFTWARE LICENSE AGREEMENT
- DEVELOPER CD SERIES
-
- 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 are recorded but Apple and/or its
- Licensor(s) retain title to the Software and Materials. This License allows
- you to use the Software Materials but only for the limited purpose set forth in
- this Section 1. You agree not to use the Software and Materials for any
- purpose other than: (i) testing of the Software and Materials and (ii) the
- development by you of products designed to operate in combination with
- Apple-labelled products without violating Apple's and/or its Licensor(s)
- intellectual property rights, including but not limited to, trade secrets,
- patents, copyrights, trademarks and industrial design. This License allows you
- to reproduce and distribute the Software and Materials to employees of your
- organization whose job duties include the permitted uses specified above.
-
- 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 make only as many copies of the Software and
- Materials as are reasonably necessary to effectuate the permitted uses of the
- Software and Materials as stated in Section 1. However, with these exceptions,
- you may use, copy, modify and incorporate into your own programs the Software
- and Materials found in the develop folder within the Periodicals folder, as
- well as the Sample code found within the Technical Documentation folder,
- provided you reproduce on each copy the Apple copyright notice and any other
- proprietary legends that were on the original copy of the Software.
-
- 3. CONFIDENTIALITY. The Software designated as alpha, beta, developmental
- versions or other similar designations are not released to the general public
- and constitutes "Confidential Information" of Apple. You will take reasonable
- precautions to prevent any unauthorized use, disclosure, publication, or
- dissemination of Confidential Information. You will use the Confidential
- Information only for the purposes permitted under Section 1 of this License.
-
- 4. 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.
-
- 5. 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 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 and Materials.
-
- 6. 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.
-
- 7. 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.
-
- 8. DISCLAIMER OF WARRANTY ON SOFTWARE AND MATERIALS. You expressly acknowledge
- and agree that use of the untested, pre-release Software and Materials is at
- your sole risk. The untested, pre-release 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.
-
- 9. 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 $50.
-
- 10.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.
-
- 11.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.
-