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appqtlic.txt
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1994-04-30
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8KB
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141 lines
Apple Computer, Inc. QuickTime(tm) 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,
PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED
IT AND YOUR MONEY WILL BE REFUNDED.
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 "Software") the related
documentation and other materials (the "Materials") are licensed to
you by Apple. You own the compact disc on which the Software and
Materials are recorded but Apple and/or its Licensor(s) retain
title to the Software and Materials. This License allows you to use
the Software and Materials on a single Apple computer and make one
copy of the Software and Materials 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 Software and Materials. You may also transfer
all your license rights in the Software and Materials, the backup
copy of the Software and Materials, 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 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 and Materials to a
human-perceivable form. You may not modify, rent, lease, loan,
distribute or create derivative works based upon the Software and
Materials in whole or in part. You may not electronically transmit
the Software and Materials from one computer to another computer or
over a network.
3. TERMINATION. This License is effective until terminated. You
may terminate this License at any time by destroying the compact
disc, Software and Materials, related documentation 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 compact disc,
Software and Materials, related documentation and all copies
thereof.
4. EXPORT LAW ASSURANCES. You agree and certify that neither the
compact disc, Software and 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
the United States, you agree that you will not reexport the
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 Software and Materials.
5. 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.
6. LIMITED WARRANTY ON MEDIA. Apple warrants the compact disc 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 disc
not meeting Apple's limited warranty and which is returned to
Apple. Apple will have no responsibility to replace a disc damaged
by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON
THE 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 SOFTWARE AND MATERIALS. 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 provisions 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 AND/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.
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 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 the amount paid by you for the Software and
Materials.
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
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.