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- Apple Computer, Inc. Software 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, YOU ARE NOT
- AUTHORIZED TO USE THIS SOFTWARE.
-
- 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 "Apple Software"), the related documentation and fonts are
- licensed to you by Apple. You own the disk on which the Apple Software and
- fonts are recorded but Apple and/or Apple's Licensor(s) retain title to the Apple
- Software, related documentation and fonts. This License allows you to use the
- Apple Software and fonts on a single computer and make one copy of the Apple
- Software and fonts 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 Apple Software and
- fonts. You may also transfer all your license rights in the Apple Software and
- fonts, the backup copy of the Apple Software and fonts, 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 Apple Software contains 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 Apple
- Software to a human-perceivable form. You may not modify, network, rent, lease,
- loan, distribute or create derivative works based upon the Apple Software in
- whole or in part. You may not electronically transmit the Apple Software from one
- computer to another or over a network.
-
- 3.Termination. This License is effective until terminated. You may terminate this
- License at any time by destroying the Apple Software, related documentation and
- fonts 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 Apple Software, related documentation and
- fonts and all copies thereof.
-
- 4.Export Law Assurances. You agree and certify that neither the Apple Software
- 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 Apple Software has been
- rightfully obtained by you outside of the United States, you agree that you will not
- re-export the Apple 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 Apple Software.
-
- 5.Government End Users. If you are acquiring the Apple Software and fonts on
- behalf of any unit or agency of the United States Government, the following
- provisions apply. The Government agrees: (i) if the Apple Software and fonts are
- supplied to the Department of Defense (DoD), the Apple Software and fonts are
- classified as "Commercial Computer Software" and the Government is acquiring
- only "restricted rights" in the Apple Software, its documentation and fonts as that
- term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Apple
- Software and fonts are supplied to any unit or agency of the United States
- Government other than DoD, the Government's rights in the Apple Software, its
- documentation and fonts 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 diskettes and/or compact disc
- on which the Apple Software and fonts 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 purchase as evidenced by a copy of the receipt. Apple's entire
- liability and your exclusive remedy will be replacement of the diskettes and/or
- compact disc 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/disc damaged by accident, abuse or
- misapplication. ANY IMPLIED WARRANTIES ON THE DISKETTES AND/OR
- COMPACT 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 Apple Software. You expressly acknowledge and
- agree that use of the Apple Software and fonts is at your sole risk. The Apple
- Software, related documentation and fonts are provided "AS IS" and without
- warranty of any kind and Apple and Apple's Licensor(s) (for the purposes of
- provisions 7 and 8, 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 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 AND THE FONTS 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 AND FONTS
- 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.
-
- 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 APPLE SOFTWARE OR RELATED DOCUMENTATION, 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 Apple Software and fonts.
-
- 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 Apple Software, related documentation
- and fonts, 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.
-
-