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TUCoPS :: Cyber Law :: apple.txt

Quick little laugh, its apple's lisence agreement that 'must' be read and agree




YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THIS SOFTWARE ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER
USE OF THE SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND
CONDITIONS.  IF YOU DO NOT AGREE WITH THEM, YOU SHOULD DISCONTINUE
THIS TRANSMISSION.


SINGLE-COMPUTER END USER SOFTWARE LICENSE AGREEMENT


APPLE COMPUTER, INC. ("Apple") provides this software and licenses its
use.  You assume responsibility for the selection of the software to
achieve your intended results, and for the installation and use of,
and results obtained from, the software.

LICENSE

Pursuant to this license you may:

1.  Use the software only on a single Apple computer.  You must obtain
a supplementary license from Apple before using the software in
connection with systems and multiple central processing units, computer
networks or emulations on mainframe or minicomputers.

2.  Download the software only on media that is compatible with Apple
manufactured computers.

3.  Copy the software into any machine readable form for backup purposes
in support of your use of the software on the single Apple computer.

4.  Transfer the software and license to another party with a copy of
this Agreement provided the other party reads and agrees to accept the
terms and conditions of this Agreement.  If you transfer the software,
you must at the same time either transfer all copies, whether in printed
or machine-readable form, to the same party or destroy any copies not
transferred.  Apple grants a license to such other party under this
Agreement and the other party will accept such license by its initial
use of the software.  If you transfer possession of any copy of the
software, in whole or in part, to another party, your license is
automatically terminated.

This software is protected by United States copyright law.  You must
reproduce the Apple copyright notice on any copy of the software.

THIS SOFTWARE MAY BE ELECTRONICALLY DISTRIBUTED ONLY BY AUTHORIZED
ELECTRONIC DISTRIBUTORS.  IT MAY BE DOWNLOADED ONLY FOR PERSONAL OR
NON-COMMERCIAL USES ON APPLE COMPUTERS AND MAY NOT BE REDISTRIBUTED
OR USED FOR COMMERCIAL PURPOSES WITHOUT AN EXPRESS SOFTWARE
DISTRIBUTION LICENSE FROM APPLE.
These licenses are available from Apple's Software Licensing Department.

YOU MAY NOT MODIFY, REVERSE COMPILE, DISASSEMBLE, NETWORK, RENT, LEASE,
LOAN OR DISTRIBUTE THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART.
YOU UNDERSTAND THAT UNAUTHORIZED REPRODUCTION OF COPIES OF THE SOFTWARE
OR UNAUTHORIZED TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO
A LAWSUIT FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES.


Apple reserves all rights not expressly granted to you.


                         Export law assurances

You agree and certify that neither the software and documentation nor
any direct product thereof  (1) is intended to be used for nuclear
proliferation or any other purpose prohibited by the United States
Export Administration Act of 1979, as amended (the "Act")  and the
regulations promulgated thereunder, and (2) is being or will be
downloaded, shipped, transferred or reexported, directly or indirectly,
into any country prohibited by the Act and the regulations promulgated
thereunder.

                         Government End Users

If you are acquiring the software on behalf of any unit or agency of
the United States government, you agree that:  (a) the software is
"Commercial Computer Software" as that term is defined in Paragraph
27.401 of the DoD Supplement to the Federal Acquisition Regulations
(the "Supplement") or is within the equivalent classification of any
other federal agencies' regulations; (b) the software was developed at
private expense, and no part of it was developed with goverment funds;
(c) the government's use of the software is subject to "Restricted
Rights" as that term is defined in clause 52.227-7013 (b)(3)(ii) of
the Supplement or in the equivalent clause of any other federal
agencies' regulations; (d)  the software is a "trade secret" of Apple
for all purposes of the Freedom of Information Act;  and (e)  each
copy of the software will contain the following Restricted Rights
Legend:

                         "Restricted Rights Legend"

Use, duplication or disclosure is subject to restrictions as set forth
in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer
Software clause at FAR 52.227-7013.  Manufacturer:  Apple Computer, Inc.
20525 Mariani Avenue, Cupertino, Calfornia 95014.

You agree to indemnify Apple for any liability, loss, costs and expense
(including court costs and reasonable attorneys' fees) arising out of
any breach of the provisions of this Agreement relating to use by the
government.

                         Term

The license is effective until terminated.  You may terminate it at any
time by destroying the software together with all copies.  The license
will also terminate upon conditions set forth elsewhere in this
Agreement or if you fail to comply with any of the terms or conditions
of this Agreement.  You agree upon such termination to destroy all
copies of the software.

                         Disclaimer of Warranty

The software is provided "as is" without warranty of any kind, either
express or implied, with respect to its merchantability or its fitness
for any particular purpose.  The entire risk as to the quality and
performance of the software is with you.  Should the software prove
defective, you (and not Apple or an Apple authorized representative)
assume the entire cost of all necessary servicing, repair or correction.

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 will be
corrected.

Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.  This warranty gives you specific
legal rights and you may also have other rights which vary from state
to state.

                         Limitation of Remedies

In no event will Apple be liable to you for any lost profits, lost
savings or other incidental, special or consequential damages arising
out of the use of or inability to use any software even if Apple or an
authorized Apple representative has been advised of the possibility of
such damages, or for any claim by any other party.

Some states 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.

Apple's liability to you for actual damages for any cause whatsoever,
and regardless of the form of the action, will be limited to the greater
of $500 or the money paid for the software that caused the damages or
that is the subject matter of, or is directly related to, the cause of
action.

                         General

This Agreement, if any attempt to network, rent, lease, or sublicense
the software, or, except as expressly provided in this Agreement, to
transfer any of the rights, duties or obligations under this Agreement,
becomes void.

The Agreement will be construed under the laws of the state of
California, except for that body of laws dealing with conflict of laws.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to
the maximum  extent permissible, and the remaining provisions of this
Agreement shall remain in full force and effect.


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