English
APPLE INC.
SOFTWARE LICENSE AGREEMENT
SINGLE USE LICENSE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE
APPLE SOFTWARE. BY USING THE APPLE 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 USE
THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE
APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE
SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE
INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE
HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to
you only for reproduction of non-copyrighted materials, materials in which you own
the copyright, or materials you are authorized or legally permitted to reproduce.
If you are uncertain about your right to copy any material, you should contact your
legal advisor.
1. General. 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
(collectively the "Apple Software") are licensed, not sold, to you by Apple Inc.
("Apple") for use only under the terms of this License, and Apple reserves all
rights not expressly granted to you. The rights granted herein are limited to
Apple's and its licensors' intellectual property rights in the Apple Software and
do not include any other patents or intellectual property rights. You own the media
on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain
ownership of the Apple Software itself. The terms of this License will govern any
software upgrades provided by Apple that replace and/or supplement the original
Apple Software product, unless such upgrade is accompanied by a separate license in
which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or
accessed through the Apple Software belongs to the respective content owner. Such
content may be protected by copyright or other intellectual property laws and
treaties, and may be subject to terms of use of the third party providing such
content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions. This License allows you to install and
use one copy of the Apple Software on a single Apple-branded computer at a time.
The Apple Software may be used to reproduce materials so long as such use is
limited to reproduction of non-copyrighted materials, materials in which you own
the copyright, or materials you are authorized or legally permitted to reproduce.
This License does not allow the Apple Software to exist on more than one computer
at a time, and you may not make the Apple Software available over a network where
it could be used by multiple computers at the same time. You may make one copy of
the Apple Software in machine-readable form for backup purposes only; provided that
the backup copy must include all copyright or other proprietary notices contained
on the original. Except as and only to the extent expressly permitted in this
License or by applicable law, you may not copy, decompile, reverse engineer,
disassemble, modify, or create derivative works of the Apple Software or any part
thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL
SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE
SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You
may, however, make a one-time permanent transfer of all of your license rights to
the Apple Software to another party, provided that: (a) the transfer must include
all of the Apple Software, including all its component parts, original media,
printed materials and this License; (b) you do not retain any copies of the Apple
Software, full or partial, including copies stored on a computer or other storage
device; and (c) the party receiving the Apple Software reads and agrees to accept
the terms and conditions of this License. All components of the Apple Software are
provided as part of a bundle and may not be separated from the bundle and
distributed as standalone applications.
Updates: If an Apple Software update completely replaces (full install) a
previously licensed version of the Apple Software, you may not use both versions of
the Apple Software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple
Software labeled or otherwise provided to you on a promotional basis may only be
used for demonstration, testing and evaluation purposes and may not be resold or
transferred.
Academic Copies: If the Apple Software package has an academic label or if you
acquired the Apple Software at an academic discount, you must be an Eligible
Educational End User to use the Apple Software. "Eligible Educational End Users"
means students, faculty, staff and administration attending and/or working at an
educational institutional facility (i.e., college campus, public or private K-12
schools).
4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect
and use technical and related information, including but not limited to technical
information about your computer, system and application software, and peripherals,
that is gathered periodically to facilitate the provision of software updates,
product support and other services to you (if any) related to the Apple Software.
Apple may use this information, as long as it is in a form that does not personally
identify you, to improve our products or to provide services or technologies to
you.
5. Termination. This License is effective until terminated. Your rights under this
License will terminate automatically without notice from Apple if you fail to
comply with any term(s) of this License. Upon the termination of this License, you
shall cease all use of the Apple Software and destroy all copies, full or partial,
of the Apple Software.
6. No Third Party Software Support. Apple has provided, as part of the Apple
Software package, access to certain third party software as a convenience. To the
extent that the Apple Software contains third party software, Apple has no express
or implied obligation to provide any technical or other support for such software.
Please contact the appropriate software vendor or manufacturer directly for
technical support and customer service related to its software and products.
7. Limited Warranty on Media. Apple warrants the media on which the Apple Software
is recorded and delivered by Apple 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 Section 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, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF 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 THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE
LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED
IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
8. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED
WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE"
FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE,
THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE
SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR
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 (other than as may be
required by applicable law in cases involving personal injury) exceed the amount of
fifty dollars ($50.00). The foregoing limitations will apply even if the above
stated remedy fails of its essential purpose.
10. Export Control. 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 re-exported (a) into any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By using the Apple Software, you represent and warrant that you are
not located in any such country or on any such list. You also agree that you will
not use these products for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture or production of nuclear,
missiles, or chemical or biological weapons.
11. Government End Users. The Apple Software and related documentation are
"Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software Documentation", as
such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as
applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and
construed in accordance with the laws of the State of California, as applied to
agreements entered into and to be performed entirely within California between
California residents. This License shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded. 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.
13. Complete Agreement; Governing Language. This License constitutes the entire
agreement between the parties with respect to the use of the Apple Software
licensed hereunder 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. Any translation of this License
is done for local requirements and in the event of a dispute between the English
and any non-English versions, the English version of this License shall govern.
EA0416
7/12/07
