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APPLE COMPUTER, INC.
SOFTWARE LICENSE AGREEMENT FOR MAC OS X and Mac OS X SERVER SEED
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE
SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT
TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF
YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND CLICK
"DISAGREE/DECLINE".
IMPORTANT NOTE: THIS IS ?BETA?, PRE-RELEASE, TIME-LIMITED SOFTWARE MEANT FOR
EVALUATION AND DEVELOPMENT PURPOSES ONLY. THIS SOFTWARE SHOULD NOT BE USED IN A
COMMERCIAL OPERATING ENVIRONMENT OR WITH IMPORTANT DATA. BEFORE INSTALLING THIS
APPLE SOFTWARE, YOU SHOULD BACK UP ALL OF YOUR DATA AND REGULARLY BACK UP DATA
WHILE USING THIS APPLE SOFTWARE.
1. General. The software (including Boot ROM code), 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 Computer, 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. 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,
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; Confidentiality.
A. This License allows you to install and use one (1) copy of the Apple Software on a single Apple-
labeled computer at a time during the term of this License for evaluation and development purposes
only. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or
to enable others to do so. This License does not allow the Apple Software to exist on more than one
computer at a time. The Apple Software is not licensed for use in a commercial operating environment
where it may be relied upon to perform in the same manner as a final-release commercial-grade
product and should not be used with data that is not sufficiently and regularly backed up. You may
make one copy of the Apple Software (excluding the Boot ROM code) 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.
B. Certain components of the Apple Software, and third party open source programs included with the
Apple Software, have been or may be made available by Apple on its Open Source web site (http://
www.opensource.apple.com/) (collectively the ?Open-Sourced Components?). You may modify or
replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software
is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the
terms of this License and any applicable licensing terms governing use of the Open-Sourced
Components. Apple is not obligated to provide any maintenance, technical or other support for the
resultant modified Apple Software.
C. Except as and only to the extent expressly permitted by this License, by applicable licensing terms
governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile,
reverse engineer, disassemble, modify, create derivative works of, incorporate into or compile in
combination with your own programs, rent, lease, lend, sublicense, sell, transfer or otherwise
redistribute the Apple Software. 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.
D. You agree that the pre-release Apple Software 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; (
information that
you can demonstrate to have had rightfully in your possession prior to disclosure to you by Apple; ©
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.
3. Term of License. The term of this License shall commence upon your installation or use of the
Apple Software and will terminate automatically without notice from Apple upon the next commercial
release of the Apple Software, or September 30, 2007, 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 Apple Software
and destroy all copies, full or partial, of the Apple Software.
4. Support and Maintenance. Apple is not obligated to provide any maintenance, technical or other
support for the Apple Software, or any updates to you for the Apple Software. You acknowledge that
Apple has no express or implied obligation to announce or make available a commercial version of the
Apple Software to anyone in the future. Should a commercial version be made available, it may have
features or functionality that are different from those found in the Apple Software licensed hereunder.
5. 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.
6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded to
be free from defects in materials and workmanship under normal use for a period of ninety (90) days
from the date of receipt of the Apple Software. Your exclusive remedy under this Section shall be
replacement of the Apple Software which is returned to Apple. 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 RECEIPT OF THE APPLE SOFTWARE.
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.
7. Disclaimer of Warranties. The Apple Software is pre-release ?beta? software that may be
incomplete and may contain inaccuracies or errors that could cause failures or loss of data. 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 6 AND 7) HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS, 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, ALL WITH REGARD TO THE APPLE
SOFTWARE. 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. The Apple
Software automatically references and links to sites and information located worldwide throughout the
Internet. Because Apple has no control over such sites and information, Apple makes no guarantees
as to such sites and information, including: (a) the accuracy, currency, content, or quality of any such
sites and information, or (
whether an Apple search completed through the Apple Software may
locate unintended or objectionable content. Because some of the content on the Internet consists of
material that is adult-oriented or otherwise objectionable to some people or viewers under the age of
18, the results of any search or entering of a particular URL using the Apple Software may
automatically and unintentionally generate links or references to objectionable material. By using the
Apple Software, you acknowledge that Apple makes no representations or warranties with regard to
the appropriateness of the content viewed through the Apple Software. Apple does not guarantee the
sequence, accuracy, validity, quality, completeness or timeliness of the content displayed by or
accessed through the Apple Software. Apple, its officers, affiliates and subsidiaries shall not, directly
or indirectly, be liable, in any way, to you or any other person for the content you receive using the
Apple Software or for any inaccuracies, errors in or omissions from the content.
8. 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
EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS 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. Digital Certificates.
General. The Apple Software contains functionality that allows it to accept digital certificates either
issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR
NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL
CERTIFICATES IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY,
SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
You agree that (a) you will not falsify or misuse any certificate; (
you will use Digital Certificates for
legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice
Statement or other Certificate Authority business practice disclosures; © you are solely responsible for
preventing any unauthorized user from making use of your Digital Certificates; and (d) you will revoke
any certificate that you have reason to believe has been compromised. You agree to indemnify and
hold Apple harmless from any and all liabilities, losses, actions, damages, or claims (including all
reasonable expenses, costs, and attorneys' fees) arising out of or relating to your use of, or reliance
on, any Digital Certificate.
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 (
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 missiles, nuclear or chemical or biological weapons.
11. Government End Users. If the Apple Software is supplied to the United States Government, the
Apple Software 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. §227.7202-1through 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 (
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. 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. The parties hereto confirm that they
have requested that this License and all related documents be drafted in English.
14. Third Party Acknowledgements.
A. Portions of the Apple Software utilize or include third party software and other copyrighted
material. Acknowledgements, licensing terms and additional disclaimers for such material are
contained in the ?online? electronic documentation for the Apple Software or may otherwise
accompany such material, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software included with the Apple Software are free
software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/
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