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166 lines
9.5 KiB
166 lines
9.5 KiB
Apple Computer, Inc. Software License
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PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
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DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE
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AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
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AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD.
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1. License. The software, documentation and any fonts which you will
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receive by downloading this software (the "Apple Software") are
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licensed, not sold, to you by Apple Computer, Inc. or its local
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subsidiary, if any. Apple and/or Apple's licensor(s) retain title to
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the Apple Software, and the Apple Software and any copies which this
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License authorizes you to make are subject to this License. This
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License grants no right or license under any trademarks, service
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marks, or tradenames of Apple.
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2. Permitted Uses and Restrictions. This License allows you to copy,
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install and use the Apple Software on an unlimited number of computers
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under your direct control. You may modify and create derivative works
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of the Apple Software ("Modified Software"), however, you may not
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modify or create derivative works of the fonts provided by Apple
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("Fonts"). You may distribute and sublicense such Modified Software
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only under the terms of a valid, binding license that makes no
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representations or warranties on behalf of Apple, and is no less
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protective of Apple and Apple's rights than this License. You may
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distribute and sublicense the Fonts only as a part of and for use with
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Modified Software, and not as a part of or for use with Modified
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Software that is distributed or sublicensed for a fee or for other
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valuable consideration. If the Modified Software contains
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modifications, overwrites, replacements, deletions, additions, or
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ports to new platforms of: (1) the methods of existing class objects
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or their existing relationships, or (2) any part of the virtual
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machine, then for so long as the Modified Software is distributed or
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sublicensed to others, such modified, overwritten, replaced, deleted,
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added and ported portions of the Modified Software must be made
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publicly available, preferably by means of download from a website, at
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no charge under the terms set forth in Exhibit A below. You may
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transfer your rights under this License provided you transfer this
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License and a copy of the Apple Software to a party who agrees to
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accept the terms of this License and destroy any other copies of the
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Apple Software in your possession. Your rights under this License
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will terminate automatically without notice from Apple if you fail to
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comply with any term(s) of this License.
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3. Disclaimer Of Warranty. The Apple Software is pre-release, and
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untested, or not fully tested. The Apple Software may contain errors
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that could cause failures or loss of data, and may be incomplete or
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contain inaccuracies. You expressly acknowledge and agree that use of
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the Apple Software is at your sole risk. You acknowledge that Apple
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has not publicly announced, nor promised or guaranteed to you, that
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Apple will release a final, commercial or any future pre-release
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version of the Apple Software to you or anyone in the future, and that
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Apple has no express or implied obligation to announce or introduce a
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final, commercial or any future pre-release version of the Apple
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Software or any similar or compatible product, or to continue to offer
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or support the Apple Software in the future. The Apple Software is
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provided "AS-IS" and without warranty of any kind and Apple and
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Apple's licensor(s) (for the purposes of Sections 3 and 4, Apple and
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Apple's licensor(s) shall be collectively referred to as "Apple")
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EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
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CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR
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A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE
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DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE
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WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE
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SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
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APPLE SOFTWARE WILL BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT
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OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
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USE OF THE APPLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
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CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
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INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
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REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
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SCOPE OF THIS WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE,
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YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE
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ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
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ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO
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NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING
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APPLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO
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THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY
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CAUSED BY APPLE'S NEGLIGENCE.
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4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
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NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
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INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
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LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In
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no event shall Apple's total liability to you for all damages exceed
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the amount of fifty dollars ($50.00).
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5. Indemnification. You agree to indemnify and hold Apple harmless
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from any and all damages, liabilities, costs and expenses (including
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but not limited to attorneys' fees and costs of suit) incurred by
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Apple as a result of any claim, proceeding, and/or judgment to the
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extent it arises out of or is connected in any manner with the
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operation, use, distribution or modification of Modified Software, or
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the combination of Apple Software or Modified Software with other
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programs; provided that Apple notifies Licensee of any such claim or
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proceeding in writing, tenders to Licensee the opportunity to defend
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or settle such claim or proceeding at Licensee's expense, and
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cooperates with Licensee in defending or settling such claim or
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proceeding.
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6. Export Law Assurances. You may not use or otherwise export or
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reexport the Apple Software except as authorized by United States law
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and the laws of the jurisdiction in which the Apple Software was
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obtained. In particular, but without limitation, the Apple Software
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may not be exported or reexported (i) into (or to a national or
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resident of) any U.S. embargoed country or (ii) to anyone on the
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U.S. Treasury Department's list of Specially Designated Nationals or
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the U.S. Department of Commerce's Table of Denial Orders. By using
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the Apple Software, you represent and warrant that you are not located
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in, under control of, or a national or resident of any such country or
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on any such list.
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7. Government End Users. If the Apple Software is supplied to the
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United States Government, the Apple Software is classified as
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"restricted computer software" as defined in clause 52.227-19 of the
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FAR. The United States Government's rights to the Apple Software are
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as provided in clause 52.227-19 of the FAR.
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8. Controlling Law and Severability. If there is a local subsidiary
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of Apple in the country in which the Apple Software License was
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obtained, then the local law in which the subsidiary sits shall govern
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this License. Otherwise, this License shall be governed by the laws
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of the United States and the State of California. If for any reason a
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court of competent jurisdiction finds any provision, or portion
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thereof, to be unenforceable, the remainder of this License shall
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continue in full force and effect.
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9. Complete Agreement. This License constitutes the entire agreement
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between the parties with respect to the use of the Apple Software and
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supersedes all prior or contemporaneous understandings regarding such
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subject matter. No amendment to or modification of this License will
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be binding unless in writing and signed by Apple.
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Where the Licensee is located in the province of Quebec, Canada, the
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following clause applies: The parties hereto confirm that they have
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requested that this Agreement and all related documents be drafted in
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English. Les parties ont exigé que le présent contrat et tous les
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documents connexes soient rédigés en anglais.
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EXHIBIT A
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License. You may copy, install, use, modify and create derivative
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works of the [Modified Software] "Changed Software" (but you may not
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modify or create derivative works of the [Fonts]) and distribute and
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sublicense such Changed Software, provided however, that if the
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Changed Software contains modifications, overwrites, replacements,
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deletions, additions, or ports to new platforms of: (1) the methods of
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existing classes objects or their existing relationships, or (2) any
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part of the virtual machine, then for so long as the Changed Software
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is distributed or sublicensed to others, such modified, overwritten,
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replaced, deleted, added and ported portions of the Changed Software
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must be made publicly available, preferably by means of download from
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a website, at no charge under the terms of a license that makes no
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representations or warranties on behalf of any third party, is no less
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protective of [the licensors of the Modified Software] and its
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licensors, and contains the terms set forth in Exhibit A below [which
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should contain the terms of this Exhibit A]. You may distribute and
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sublicense the [Fonts] only as a part of and for use with Changed
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Software, and not as a part of or for use with Changed Software that
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is distributed or sublicensed for a fee or for other valuable
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consideration.
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