ENGLISH
APPLE INC.
SOFTWARE LICENSE AGREEMENT
APPLE THUNDERFISH PRE-RELEASE SOFTWARE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("LICENSE") CAREFULLY BEFORE USING THE PRE-RELEASE SOFTWARE (DEFINED
BELOW). BY USING THE PRE-RELEASE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU ARE
ACCESSING THE PRE-RELEASE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE
BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE "
BUTTON. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE, DO NOT USE THE PRE-RELEASE SOFTWARE AND/OR CLICK ÒDISAGREEÓ.
IMPORTANT NOTE: THIS IS PRE-RELEASE, TIME-LIMITED SOFTWARE
MEANT FOR EVALUATION, DEVELOPMENT AND TESTING PURPOSES ONLY. THIS SOFTWARE
SHOULD NOT BE USED IN A COMMERCIAL OPERATING ENVIRONMENT OR WITH IMPORTANT
DATA. BEFORE INSTALLING THIS
SOFTWARE, YOU SHOULD BACK UP ALL OF YOUR DATA AND REGULARLY BACK UP DATA WHILE
USING THIS SOFTWARE.
IMPORTANT NOTE: To the extent that
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 Apple software, tools, utilities,
sample or example code, documentation, interfaces, content, data, and other
materials accompanying this License, whether on disk, print or electronic
documentation, in read only memory, or any other media or in any other form,
(collectively, the "Pre-Release Software") are licensed, not sold, to
you by Apple Inc. ("Apple") for use only under the terms of this
License. Apple and/or AppleÕs
licensors retain ownership of the Pre-Release Software itself and reserve all
rights not expressly granted to you. The terms of this License will govern any
software upgrades provided by Apple that replace and/or supplement the original
Pre-Release Software, unless such upgrade is accompanied by a separate license
in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. Pre-Release Software. Subject to the terms and
conditions of this License, you are granted a limited, non-exclusive,
non-transferable license to install and use the Pre-Release Software on Apple-branded
computers during the term of this License for development and testing purposes
only. This License does not permit the Pre-Release Software to be used in a
commercial operating environment where it may be relied upon to perform in the
same manner as a final-release commercial-grade product or with data that is
not sufficiently and regularly backed up.
B. You may not and you agree not to, or to enable others to,
copy (except as expressly permitted by this License), decompile, reverse
engineer, disassemble, attempt to derive the source code of, decrypt, modify,
or create derivative works of the Pre-Release Software or any services provided
by the Pre-Release Software, or any part thereof (except as and only to the
extent any foregoing restriction is prohibited by applicable law). You agree to
use the Pre-Release Software and the Services (as defined in Section 2D below)
in compliance with all applicable laws, including local laws of the country or
region in which you reside or in which you download or use the Pre-Release
Software and Services.
C. 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.
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.
For example, any stock photographs, images, graphics, clipart, artwork or
similar assets (ÒDigital ImageryÓ) that are provided by Apple and/or its
licensors as part of the Apple Software or Services (including but not limited
to any Digital Imagery contained within templates, themes or user guides and
tutorials) may not be extracted and distributed, commercially or otherwise, on
a standalone basis outside of the Apple Software.
D. Services. The Pre-Release
Software may enable access to Apple and third party services and web sites
(referred to hereafter, collectively and individually, as
"Services"). Use of these Services requires Internet access, may
require you to accept additional terms and conditions and may be subject to
additional fees. Apple has provided access to the Services as a convenience and
has no express or implied obligation to provide any technical or other support
for any third party software or services.
You understand that by using any of the Services,
you may encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having explicit
language. Nevertheless, you agree to use the Services at your sole risk and
that Apple shall have no liability to you for content that may be found to be
offensive, indecent, or objectionable.
You agree that the Services, including but not
limited to graphics, audio clips, and editorial content, contain proprietary
information and material that is owned by Apple and/or its licensors, and is
protected by applicable intellectual property and other laws, including but not
limited to copyright, and that you will not use such proprietary information or
materials in any way whatsoever except for permitted use of the Services or in
any manner that is inconsistent with the terms of this License or that
infringes any intellectual property rights of a third party or Apple. No
portion of the Services may be reproduced in any form or by any means. You
agree not to modify, rent, lease, loan, sell, distribute, or create derivative
works based on the Services, in any manner, and you shall not exploit the
Services in any unauthorized way whatsoever, including but not limited to,
using the Services to transmit any computer viruses, worms, trojan horses or
other malware, or by trespass or burdening network capacity. You further agree
not to use the Services in any manner to harass, abuse, stalk, threaten, defame
or otherwise infringe or violate the rights of any other party, and that Apple
is not in any way responsible for any such use by you, nor for any harassing,
threatening, defamatory, offensive, infringing or illegal messages or
transmissions that you may receive as a result of using any of the Services.
In addition, Services that may be accessed from the
Pre-Release Software are not available in all languages or in all countries or
regions. Apple makes no representation that such Services are appropriate or
available for use in any particular location. To the extent you choose to
access such Services, you do so at your own initiative and are responsible for
compliance with any applicable laws, including but not limited to applicable
local laws.
Apple and its licensors reserve the right to change, suspend, remove, or
disable access to any Services at any time without notice. In no event will
Apple be liable for the removal of or disabling of access to any such Services.
Apple may also impose limits on the use of or access to certain Services, in
any case and without notice or liability.
3.
Confidentiality. You agree that
the Pre-Release Software and services licensed hereunder and all information
disclosed by Apple to you that relates to Apple's products, designs, business
plans, business opportunities, finances, research, development, know-how,
personnel, or third-party confidential information disclosed to you by Apple,
will be considered and referred to collectively as "Confidential
Information". Confidential Information, however, does not include: (a) information
that is now or subsequently becomes generally available to the public through
no fault or breach on your part in a manner that is lawful or authorized
by Apple; (b) information that you can demonstrate to have had rightfully in
your possession prior to disclosure to you by Apple; (c) information that is
independently developed by you without the use of any Confidential Information;
(d) information that you rightfully obtain from a third party who has been
given the right to transfer or disclose it by Apple; or (e) any third party
software and/or documentation provided by Apple and accompanied by licensing
terms that do not impose confidentiality obligations on the use or disclosure
of such software and/or documentation, for example, software governed by the
GNU General Public License ("GPL"). You agree not to disclose,
publish, or disseminate Confidential Information to anyone other than those of
your employees and contractors with a demonstrable need to know who have
binding, written, confidentiality obligations to you that protect such
Confidential Information against unauthorized disclosure. You further agree to
take reasonable precautions to prevent any unauthorized use, disclosure,
publication, or dissemination of Confidential Information. You agree not to use
Confidential Information otherwise for your own or any third party's benefit
without the prior written approval of an authorized representative of Apple in
each instance.
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 Pre-Release Software, and to verify compliance with the terms of this
License. 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. Term of
License. The term of this License shall commence upon your installation or
use of the Pre-Release Software and will terminate automatically without notice
from Apple upon the next commercial release of the Pre-Release Software, or on March
31, 2012, whichever occurs first. Your rights under this License will also
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 Pre-Release Software and destroy all copies, full or
partial, of the Pre-Release Software.
Sections 2B, 3 and 5 through 12 of this License shall survive any such
termination.
6. Limited Warranty on Media (if any). Apple
warrants the media on which the Pre-Release 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 AppleÕs option, a refund
of the purchase price of the product containing the Pre-Release Software or
replacement of the Pre-Release 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,
PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties.
7.1
The Pre-Release Software and Services provided hereunder are pre-release
versions and may be incomplete and may contain inaccuracies that could cause failures
or loss of data.
7.2 YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE
LAW, USE OF THE PRE-RELEASE SOFTWARE AND ANY SERVICES PERFORMED BY OR THROUGH
THE PRE-RELEASE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 EXCEPT
FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE PRE-RELEASE SOFTWARE AND SERVICES ARE PROVIDED
ÒAS ISÓ AND ÒAS AVAILABLEÓ, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS ÒAPPLEÓ FOR THE
PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE PRE-RELEASE SOFTWARE AND SERVICES, 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 OF NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
7.4 APPLE
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRE-RELEASE
SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY
THE PRE-RELEASE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
PRE-RELEASE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS IN THE PRE-RELEASE SOFTWARE OR SERVICES WILL BE CORRECTED, THAT ANY
SERVICE WILL CONTINUE TO BE MADE AVAILABLE, OR THAT THE PRE-RELEASE SOFTWARE OR
SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS
OR THIRD PARTY SERVICES.
INSTALLATION OF THIS PRE-RELEASE SOFTWARE MAY AFFECT THE USABILITY OF
THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
7.5 YOU
FURTHER ACKNOWLEDGE THAT THE PRE-RELEASE SOFTWARE AND SERVICES ARE NOT INTENDED
OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME
DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION
PROVIDED BY, THE PRE-RELEASE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT
LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRE-RELEASE SOFTWARE OR
SERVICES 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.
8. Limitation of Liability. TO THE EXTENT
NOT PROHIBITED BY APPLICABLE 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,
CORRUPTION OR 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 PRE-RELEASE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE,
APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE PRE-RELEASE 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.
9. Export Control. You may not use or otherwise export or
re-export the Pre-Release Software except as authorized by United States law
and the laws of the jurisdiction(s) in which the Pre-Release Software was
obtained. In particular, but without limitation, the Pre-Release 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 Pre-Release 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 the Pre-Release Software for any purposes prohibited by United States
law, including, without limitation, the development, design, manufacture or
production of missiles, nuclear, chemical or biological weapons. You certify
that this Pre-Release Software will only be used for development and testing
purposes, and will not be rented, sold, leased, sublicensed, assigned, or
otherwise transferred. Further, you certify that you will not transfer or
export any product, process or service that is a direct product of this Pre-Release
Software.
10. Government End Users. The Pre-Release 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.
11. Controlling Law and Severability. This License
will be governed by and construed in accordance with the laws of the State of
California, excluding its conflict of law principles. 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.
12. Complete Agreement; Governing Language. This License
constitutes the entire agreement between you and Apple relating to the use of
the Pre-Release 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 Agreement is done for local requirements and in
the event of a dispute between the English and any non-English version, the
English version of this Agreement shall govern, to the extent not prohibited by
local law in your jurisdiction.
EA0780