PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "ACCEPT" BUTTON BELOW. BY PRESSING "ACCEPT," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. THIS LICENSE GOVERNS YOUR USE OF (1) THIS UPDATER SOFTWARE AND (2) THE MODIFIED VERSION OF ANY SOFTWARE THAT RESULTS FROM YOUR USE OF THIS UPDATER SOFTWARE. THIS LICENSE REPLACES ANY PRIOR SOFTWARE LICENSE AGREEMENT(S) THAT WERE DISTRIBUTED WITH ANY SOFTWARE THAT YOU MODIFY BY USING THIS UPDATER SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DECLINE" AND (IF APPLICABLE) RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, or in any other form (the “Updater Software”) may be used only to update or enhance certain other software, documentation and/or fonts whether on disk, in read only memory, or in any other form, for which you have a valid license from Apple Computer, Inc. or its local subsidiary, if any (the “Target Software”). The Updater Software and the Target Software (collectively, the “Apple Software”) are licensed, not sold, to you by Apple Computer, Inc. or its local subsidiary, if any (“Apple”). You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain title to the Apple Software. The Updater Software in this package, the modified version of the Target Software resulting from the use of the Updater Software, and any copies of any of the foregoing which this License authorizes you to make are all subject to this License.
2. Permitted Uses and restrictions. This License allows you:
(i) to use the Updater Software on a single computer to update a copy of the Target Software;
(ii) to use the updated version of the Target Software on a single computer to create HyperCard stacks and stand-alone applications to which you have contributed significant value;
(iii) to make one copy of the entire Apple Software and fonts in machine-readable form for backup purposes only;
(iv) to install the HyperCard extensions, known as the external commands (XCMDs) and external functions (XFCNs), identified on the attached list (collectively, the "Installable Software") in the HyperCard stacks and stand-alone applications created by you;
(v) to copy or have copied for you an unlimited number of copies of those portions of the Apple Software identified as the Installable Software, AppleScript System Software Extension File, Apple Event Manager and Scripting Additions, HyperCard Icons and HyperCard Clip Art, as well as any HyperTalk scripts contained within the Apple Software (collectively, the "Distributable Software”) as part of the HyperCard stacks and stand-alone applications created by you using the Apple Software; and
(vi) to distribute such copies of the Distributable Software incorporated in the HyperCard stacks and stand-alone applications created by you, subject to the restrictions of this License.
The rights granted you in this License are conditioned upon your obligations to:
(vii) reproduce on the backup copy of the Apple Software and each copy of the Distributable Software the copyright notices and any other proprietary legends that were on the original copies;
(viii) identify the Apple Software as being part of any HyperCard stack or stand-alone application created by you in the applicable documentation and in the "about box" of any HyperCard stack or stand-alone application in accordance with Apple's Third Party Trademark Guidelines; and
(ix) distribute the Distributable Software incorporated in any HyperCard stack or stand-alone application created by you only to distributors or end users who are subject to binding written agreements which are consistent with this License, are no less protective of Apple's rights in the Distributable Software than this License is of Apple's rights in the Apple Software, grant only a non-exclusive right to use the Distributable Software incorporated in HyperCard stacks or stand alone applications created by you on a single computer, and include warranty disclaimer and disclaimer of liability provisions with respect to the Distributable Software which are substantially similar to those set forth in 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. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Apple Software to a party who agrees to accept the terms of this License and destroy any other copies of the Apple Software in your possession. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 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 (if applicable). 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 shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple 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 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 LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Apple Software. 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 provisions 4 and 5, Apple and Apple's licensor(s) shall be collectively referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. 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 RELATED DOCUMENTATION 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING APPLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY APPLE’S NEGLIGENCE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances. 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 reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Apple Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the Apple Software is supplied to the United States Government, the Apple Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Apple Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary of Apple in the country in which the Apple Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, 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.
