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License3.txt
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1999-02-22
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9KB
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Apple Computer, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE")
CAREFULLY BEFORE PRESSING THE "YES" BUTTON BELOW. BY
PRESSING "YES," YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, PRESS "NO" AND (IF APPLICABLE) RETURN THE APPLE
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The software, documentation and any fonts accompanying this
License whether on disk, in read only memory, on any other media or in any
other form (the "Apple Software") are licensed to you by Apple Computer,
Inc. or its local subsidiary, if any ("Apple"). You own the media on which
the Apple Software is recorded but Apple and/or Apple's licensor(s) retain
title to the Apple Software. The Apple 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 Apple Software on a single computer at a time. This License does
not allow the Apple Software to exist on more than one computer at a time.
You may make one copy of the Apple Software in machine-readable form
for backup purposes only. The backup copy must include all copyright
information contained on the original. Except as expressly permitted in this
License, you may not decompile, reverse engineer, disassemble, modify, rent,
lease, loan, sublicense, distribute or create derivative works based upon the
Apple Software in whole or part or transmit the Apple Software over a
network. You may, however, transfer your rights under this License provided
you transfer the related documentation, this License and a copy of the Apple
Software to a party who agrees to accept the terms of this License and
destroy any other copies of the Apple Software in your possession. THE
APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE
FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 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. Limited Warranty on Media (if applicable). Apple warrants the media on
which the Apple 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 original retail purchase. Your exclusive remedy under this paragraph
shall be, at Apple's option, a refund of the purchase price of the product
containing the Apple Software or replacement of the Apple Software which
is returned to Apple or an Apple authorized representative with a copy of the
receipt. THIS LIMITED WARRANTY AND 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
ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS
LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET
FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED. APPLE SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Apple Software. 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 4 and 5, 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
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. 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.
5. 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
of fifty dollars ($50.00).
6. Export Law Assurances. You may not use or otherwise export or reexport
the Apple Software except as authorized by United States law and the laws
of the jurisdiction in which the Apple Software was obtained. In particular,
but without limitation, the Apple Software may not be exported or
reexported (i) into (or to a national or resident of) any U.S. embargoed
country or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce's Table of Denial
Orders. By using the Apple Software, you represent and warrant that you
are not located in, under control of, or a national or resident of any such
country or on any such list.
7. Government End Users. If the Apple Software is supplied to the United
States Government, the Apple Software is classified as "restricted computer
software" as defined in clause 52.227-19 of the FAR. The United States
Government's rights to the Apple Software are as provided in clause
52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary of Apple
in the country in which the Apple Software License was obtained, 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.
9. Complete Agreement. This License constitutes the entire agreement between
the parties with respect to the use of the Apple 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.
APPLE COMPUTER, INC.
INTERNATIONAL SALES SUBSIDIARY LIST
COUNTRY SUBSIDIARY
Austria Apple Computer Gesellschaft m.b.H.
Brazil Apple Computer Brasil Ltda.
Canada Apple Canada Inc.
France Apple Computer France S.A.R.L.
Germany Apple Computer GmbH
Hong Kong Apple Computer International Ltd
India Apple Computer International Pte. Ltd.
Ireland Apple Computer (UK) Limited
Italy Apple Computer S.p.A.
Japan Apple Japan, Inc.
Mexico Apple Computer Mexico, S.A. de C.V.
Netherlands, Belgium Apple Computer Benelux B.V.
Singapore Apple Computer South Asia Pte Ltd
South Africa Apple Computer (Proprietary) Limited
Spain Apple Computer Espana, S.A.
Sweden, Norway, Denmark Apple Computer AB
Switzerland Apple Computer AG (SA) (Ltd.)
Taiwan Apple Computer Asia, Inc.
United Kingdom Apple Computer (UK) Limited
EA0035