Apple Computer, Inc. Software License

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 DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.

1. License.  The software accompanying this License, whether on disk, on compact disc, in read only memory, or any other media, the related documentation and other materials (collectively, the "Apple Software") are licensed, not sold, to you by Apple Computer, Inc. ("Apple").  The Apple Software in this package and any copies, modifications and distributions which this License authorizes you to make are subject to this License.  The Apple Software accompanying this License include the Acrobat Exchange with Search product licensed to Apple by Adobe ("the Adobe Software").  Use of the Adobe Software is governed exclusively by the terms of the Adobe End User License included in the Acrobat Exchange LE folder.  Please refer to the Adobe End User License for the permitted uses of the Adobe Software.

2. Permitted Uses and Restrictions.  This License allows you to use the Apple Software for (i) testing the Apple Software, and (ii) developing application software.  You may make as many copies of the Apple Software as reasonably necessary to use the Software as permitted in this License and distribute such copies to your employees whose job duties require them to so use the Software provided such use is limited to the permitted uses in this License.  In order to develop application software, you may use, copy, modify (subject to the restrictions described in the Licensing Info folder on the medium), incorporate into and compile in combination with your own programs, and distribute (in object code form only) solely with your own programs, the Apple Software described in the Licensing Info folder on the medium, provided you reproduce on each copy the Apple copyright notice and any other proprietary legends that were on the original copy of the Apple Software, and distribute such Apple Software pursuant to a valid agreement that is at least as protective of Apple's rights in the Apple Software as this License.  Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Apple Software in whole or part or transmit the Apple Software over a network or from one computer to another.  Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License.

3. 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 original retail purchase.  Your exclusive remedy under this paragraph will be, at Apple's option, a refund of the purchase price or replacement of the Apple Software.  THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND 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 THIS LIMITATION MAY NOT APPLY TO YOU.  THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.  APPLE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

4. Disclaimer Of Warranty.  Some of the Apple Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Apple Software.  Such Apple Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies.  You expressly acknowledge and agree that use of the Apple Software is at your sole risk.  The Apple Software is provided “AS IS” and without warranty of any kind and Apple and Apple's licensor(s) (for the purposes of Sections 4 and 5, Apple and Apple's licensor(s) shall be collectively referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED.  FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THE LICENSE FEES FOR THE APPLE SOFTWARE REFLECT THIS ALLOCATION OF RISK.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

5. Limitation Of Liability.  UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE APPLE SOFTWARE, EVEN IF APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS 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.In no event shall Apple's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed $50.

6. Export Law Assurances.  You agree that the Apple Software will not be exported outside the United States except as authorized by United States law.  You also agree that Apple Software that has been rightfully obtained outside of the United States shall not be re-exported except as authorized by the laws of the United States and of the jurisdiction in which the Apple Software was obtained.

7. Government End Users. If the Apple Software is supplied to the Department of Defense (“DoD”) of the United States Government, the Apple Software is classified as “Commercial Computer Software” and the DoD only acquires “restricted rights” as defined in Clause 252.227-7013(c)(1) of DFARS. If the Apple Software is supplied to any other unit of the United States Government, the Government’s rights are as defined in Clause 52.227-19(c)(2) of FAR or, in the case of NASA, as defined in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

8. Controlling Law and Severability.  This License shall be governed by the laws of the United States and the State of California.  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.  

9. Complete Agreement.  This License constitutes the entire agreement between the parties with respect to the use of the Apple Software 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.