home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Gigarom 4
/
Mac Giga-ROM 4.0 - 1993.toast
/
FILES
/
SYS
/
Apple License Agreement.sit
/
Apple License Agreement
next >
Wrap
Text File
|
1988-06-13
|
10KB
|
237 lines
EXHIBIT B
END-USER LICENSE AGREEMENT
PLEASE CAREFULLY READ THE FOLLOWING TERMS A CONDITIONS BEFORE USING THIS
SOFTWARE. ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE
SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE WITH THEM YOU SHOULD DISCONTINUE THIS TRANSMISSION.
SINGLE-COMPUTER END USER
SOFTWARE LICENSE AGREEMENT
LICENSE
Apple Computer, Inc. ("Apple") makes this Software available subject
to the following license. You are responsible for selecting the
appropriate Software (computer programs and related documentation) to
meet your needs, and for its installation, use and results.
This license allows you to:
1. Use the Software only on a single Apple computer. You must obtain a
supplementary license from Apple before using the Software in connection
with systems and multiple central processing units, computer networks or
emulations on a mainframe or minicomputer;
2. Download the Software only on media that is compatible with Apple
manufactured machines;
3. Make one copy of the Software in any machine readable form for backup
purposes. The Software is protected by United States copyright law. You
must reproduce the Apple copyright notice on any copy of the Software; and
4. Configure the Software for your own use by adding or removing fonts,
desk accessories and/or device drivers.
THE SOFTWARE MAY BE DISTRIBUTED ONLY BY AUTHORIZED DISTRIBUTORS. IT
MAY BE USED ONLY FOR PERSONAL OR NON-COMMERCIAL USES ON APPLE COMPUTERS
AND MAY NOT BE REDISTRIBUTED OR USED FOR COMMERCIAL PURPOSES WITHOUT AN
EXPRESS SOFTWARE DISTRIBUTION LICENSE FROM APPLE. These licenses are
available from Apple's Software Licensing Department.
The Software contains trade secrets 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 NOT MODIFY, NETWORK, RENT,
LEASE, LOAN, SELL OR DISTRIBUTE THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN
PART. YOU UNDERSTAND THAT UNAUTHORIZED REPRODUCTION OF A COPY OF THE
SOFTWARE OR UNAUTHORIZED TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT
YOU TO A LAWSUIT FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES.
Apple reserves all rights not expressly granted to you.
EXPORT LAW ASSURANCES
You agree and certify that neither the Software nor any other
technical data received from Apple or the direct product thereof, is
being or will be downloaded, shipped, transfered or reexported, directly
or indirectly to Country Groups Q, S, W, Y, or Z (see Attachment 1) or
Afghanistan or the People's Republic of China, without prior approval
from APPLE COMPUTER, INC. and either a validated export license or
written permission from the U.S. Office of Export Administration.
NO NUCLEAR END USE
1. You agree and certify that you will not use, ship, transfer, or
reexport any Software or other technical data, or any direct product
thereof, related to any commodity that will be used directly or
indirectly in the following activities, whether or not it is specifically
designed or modified for such activities;
(i) designing, developing, fabricating or testing nuclear
weapons or nuclear explosive devices;
(ii) designing, constructing, fabricating, or operating the
following facilities, or components for such facilities;
(a) the chemical processing or irradiated special nuclear
or source material;
(b) the production of heavy water;
(c) the separation of isotopes of source and special
nuclear material;
(d) the fabrication of nuclear reactor fuel containing
plutonium.
2. Training of personnel for the above.
TERM
The license is effective until terminated. You may terminate it at
any time by destroying the Software together with all copies. The
license will also terminate if you fail to comply with any of the terms
or conditions of this Agreement. You agree upon such termination to
destroy all copies of the Software.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO ITS MERCHANTABILITY OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
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 will be
corrected.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
LIMITATION OF REMEDIES
IN NO EVENT WILL APPLE BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST
SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE ANY SOFTWARE EVEN IF APPLE OR AN
AUTHORIZED APPLE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES 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.
Apple's liability to you for actual damages for any cause whatsoever,
and regardless of the form of the action, will be limited to the greater
of $50 or the money paid for the Software that caused the damages or that
is the subject matter of, or is directly related to, the cause of action.
GOVERNMENT END USERS
If this Software is acquired by or on behalf of a unit or agency of
the United States Government this provision applies. This Software: (a)
was developed at private expense, and no part of it was developed with
government funds, (b) is a trade secret of Apple for all purposes of the
Freedom of Information Act, (c) is "commercial computer software" subject
to limited utilization as provided in the contract between the vendor and
the governmental entity and (d) in all respects is proprietary data
belonging solely to Apple Computer, Inc.
For units of the Department of Defense (DoD), this Software is sold
only with "Restricted Rights" as that term is defined in the DoD
Supplement to the Federal Acquisition Regulations, 52.227-7013 (b) (3)
(ii) and:
Use, duplication or disclosure is subject to restrictions as set
forth in subdivision (b) (3) (ii) of the Rights in Technical Data and
Computer Software clause at 52.227-7013. Manufacturer: Apple Computer,
Inc., 20525 Mariani Avenue, Cupertino, California 95014.
If this Software was acquired under a GSA Schedule the Government has
agreed to refrain from changing or removing any insignia or lettering
from the Software that is provided or from producing copies of manuals or
disks (except one copy for backup purposes) and:
(1) Title to and ownership of this Software and documentation and any
reproductions thereof shall remain with Apple Computer, Inc.,
(2) Use of this Software and documentation shall be limited to the
facility for which it is acquired; and
(3) If use of the Software is discontinued to the installation
specified in the purchase/delivery order and the Government desires to
use it at another location, it may do so by giving prior written notice
to Apple Computer, Inc., specifying the type of computer and new location
site.
Governmental personnel using this Apple Software, other than under a
DoD contract or GSA Schedule, are hereby on notice that use of this
Software is subject to restrictions which are the same as or similar to
those specified above.
CONFIDENTIALITY
You agree not to directly or indirectly divulge to any person or
entity the Software, any trade secrets related to the Software, or any
information relating to Apple's product plans, product designs, product
costs, product prices, marketing plans, business opportunities, personnel
research, development or know-how until such time as Apple makes such
information available to the public without restriction.
GENERAL
Any attempt to network, rent lease, or sublicense the Software or to
transfer any of the rights, duties or obligations under this Agreement is
void.
This Agreement will be construed under the laws of the state of
California, except for that body of laws dealing with conflict of laws.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible, and the remaining provisions of this
Agreement shall remain in full force and effect.
1/28/87
ATTACHMENT 1
(Note that this list is current as of January 28, 1987. You should
check with the Office of Export Administration for any subsequent
updates or revisions)
Country Group Q Country Group Y
Romania Albania
Bulgaria
Czechoslovakia
Country Group S Estonia
Libya German Democratic Republic
Laos
Latvia
Country Group W Lithuania
Hungary Mongolian People's Republic
Poland USSR
Country Group Z
Cuba
Kampuchea
North Korea
Vietnam