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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
commitac62118e2a032ed1c61161084da6ad2b6f9fb81b (patch)
treed3a708ff21765aad652bf675773a59267ed366d0 /licenses/Apple
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+Apple Computer, Inc. Software License
+
+PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
+DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE
+AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
+AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD.
+
+1. License. The software, documentation and any fonts which you will
+receive by downloading this software (the "Apple Software") are
+licensed, not sold, to you by Apple Computer, Inc. or its local
+subsidiary, if any. Apple and/or Apple's licensor(s) retain title to
+the Apple Software, and the Apple Software and any copies which this
+License authorizes you to make are subject to this License. This
+License grants no right or license under any trademarks, service
+marks, or tradenames of Apple.
+
+2. Permitted Uses and Restrictions. This License allows you to copy,
+install and use the Apple Software on an unlimited number of computers
+under your direct control. You may modify and create derivative works
+of the Apple Software ("Modified Software"), however, you may not
+modify or create derivative works of the fonts provided by Apple
+("Fonts"). You may distribute and sublicense such Modified Software
+only under the terms of a valid, binding license that makes no
+representations or warranties on behalf of Apple, and is no less
+protective of Apple and Apple's rights than this License. You may
+distribute and sublicense the Fonts only as a part of and for use with
+Modified Software, and not as a part of or for use with Modified
+Software that is distributed or sublicensed for a fee or for other
+valuable consideration. If the Modified Software contains
+modifications, overwrites, replacements, deletions, additions, or
+ports to new platforms of: (1) the methods of existing class objects
+or their existing relationships, or (2) any part of the virtual
+machine, then for so long as the Modified Software is distributed or
+sublicensed to others, such modified, overwritten, replaced, deleted,
+added and ported portions of the Modified Software must be made
+publicly available, preferably by means of download from a website, at
+no charge under the terms set forth in Exhibit A below. You may
+transfer your rights under this License provided you transfer 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. 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. Disclaimer Of Warranty. The Apple Software is pre-release, and
+untested, or not fully tested. The 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. You acknowledge that Apple
+has not publicly announced, nor promised or guaranteed to you, that
+Apple will release a final, commercial or any future pre-release
+version of the Apple Software to you or anyone in the future, and that
+Apple has no express or implied obligation to announce or introduce a
+final, commercial or any future pre-release version of the Apple
+Software or any similar or compatible product, or to continue to offer
+or support the Apple Software in the future. 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 3 and 4, 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.
+
+4. 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).
+
+5. Indemnification. You agree to indemnify and hold Apple harmless
+from any and all damages, liabilities, costs and expenses (including
+but not limited to attorneys' fees and costs of suit) incurred by
+Apple as a result of any claim, proceeding, and/or judgment to the
+extent it arises out of or is connected in any manner with the
+operation, use, distribution or modification of Modified Software, or
+the combination of Apple Software or Modified Software with other
+programs; provided that Apple notifies Licensee of any such claim or
+proceeding in writing, tenders to Licensee the opportunity to defend
+or settle such claim or proceeding at Licensee's expense, and
+cooperates with Licensee in defending or settling such claim or
+proceeding.
+
+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.
+
+Where the Licensee is located in the province of Quebec, Canada, the
+following clause applies: The parties hereto confirm that they have
+requested that this Agreement and all related documents be drafted in
+English. Les parties ont exigé que le présent contrat et tous les
+documents connexes soient rédigés en anglais.
+
+
+EXHIBIT A
+
+License. You may copy, install, use, modify and create derivative
+works of the [Modified Software] "Changed Software" (but you may not
+modify or create derivative works of the [Fonts]) and distribute and
+sublicense such Changed Software, provided however, that if the
+Changed Software contains modifications, overwrites, replacements,
+deletions, additions, or ports to new platforms of: (1) the methods of
+existing classes objects or their existing relationships, or (2) any
+part of the virtual machine, then for so long as the Changed Software
+is distributed or sublicensed to others, such modified, overwritten,
+replaced, deleted, added and ported portions of the Changed Software
+must be made publicly available, preferably by means of download from
+a website, at no charge under the terms of a license that makes no
+representations or warranties on behalf of any third party, is no less
+protective of [the licensors of the Modified Software] and its
+licensors, and contains the terms set forth in Exhibit A below [which
+should contain the terms of this Exhibit A]. You may distribute and
+sublicense the [Fonts] only as a part of and for use with Changed
+Software, and not as a part of or for use with Changed Software that
+is distributed or sublicensed for a fee or for other valuable
+consideration.