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1996-08-23
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Apple Computer, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
DOWNLOADING THE SOFTWARE. BY DOWNLOADING 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, DO NOT DOWNLOAD THE SOFTWARE.
1. License. The software 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, not sold, 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 and any copies made and/or
distributed under this License 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 permitted by applicable law and this
License, you may not decompile, reverse engineer, disassemble, modify, rent,
lease, loan, distribute, create derivative works from the Apple Software 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. 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. 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 3 and 4, 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
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.
4. 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).
5. 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 used or otherwise
exported or reexported (i) into (or to a national or resident of) any United
States 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.
6. 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.
7. 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.
8. 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.
© 1992-96 Apple Computer, Inc. and others. All rights reserved.
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