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, font, 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 media on which the Software and Materials are recorded but Apple and/or Apple's licensor(s) retain title to the Software and Materials. Except as expressly permitted in this License, you may not use, copy, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Software or Materials in whole or in part. You may use the Software and Materials for (i) testing the Software and Materials, and (ii) developing products designed to operate in combination with Apple-labeled products without violating Apple's or its licensor(s) intellectual property rights, including but not limited to, trade secrets, patents, copyrights, trademarks and industrial designs.
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 to a human-perceivable form. You may make as many copies of the Software and Materials as are reasonably necessary to use the Software and Materials as permitted in this License, and distribute such copies to your employees whose job duties require them to so use the Software and Materials. You also may use, copy, modify, incorporate into your own programs, and distribute (in object code form only), solely with your own programs, the Software and Materials located in the develop folder within the Periodicals folder, as well as the Sample code found within the Sample Code 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 or Materials, and distribute such Software and Materials pursuant to a valid agreement that is at least as protective of Apple and Apple's rights in the Software and Materials as this License.
3. Confidentiality. The Software and Materials designated as alpha, beta, pre-release or developmental versions or other similar designations are not released to the general public and their content, performance and existence constitute "Confidential Information" of Apple. You will take reasonable precautions to prevent unauthorized use, disclosure, publication, or dissemination, of Confidential Information. You agree to use the Confidential Information only for the purposes permitted under this License.
4. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the 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 Software and Materials and all copies thereof.
5. Export Law Assurances. You agree and certify that neither the Software, the 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 of the United States, you agree that you will not re-export the Software, the Materials or any other technical data received from Apple, or 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 media 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 media not meeting Apple's limited warranty and which is returned to Apple. Apple will have no responsibility to replace media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE MEDIA, 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. Some of the Software and Materials may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Software or Materials. Such Software may contain errors that could cause system failures or loss of data, and such Materials may be incomplete or contain inaccuracies. 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 Sections 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 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. THE LICENSE FEES FOR THE SOFTWARE AND MATERIALS REFLECT THIS ALLOCATION OF RISK. 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.
