PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE 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 USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK
“DISAGREE/DECLINE”. FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
1. General.
The software (including Boot ROM code), documentation and any fonts accompanying this License whether preinstalled on Apple-labeled hardware, 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 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 as licensed hereunder and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but 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 product, 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 nor does it guarantee that such
content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. Single Use. This License allows you to install, use and
run one (1) copy of the Apple Software on a single
Apple-labeled computer at a time. You agree not to
install, use or run the Apple Software on any non-Applelabeled
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, and you may not
make the Apple Software available over a network
where it could be used by multiple computers at the
same time.
B. Family Pack. If you have purchased a Mac OS X Family
Pack, this License allows you to install and use one (1)
copy of the Apple Software on up to a maximum of five
(5) Apple-labeled computers at a time as long as those
computers are located in the same household and used
by persons who occupy that same household. By
“household” we mean a person or persons who share
the same housing unit such as a home, apartment,
mobile home or condominium, but shall also extend to
student members who are primary residents of that
household but residing at a separate on-campus
location. The Family Pack License does not extend to
business or commercial users.
C. You may make one copy of the Apple Software
(excluding the Boot ROM code and other Apple
firmware that is embedded or otherwise contained in
Apple-labeled hardware) 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. Apple Boot ROM code and
firmware is provided only for use on Apple-labeled
hardware and you may not copy, modify or redistribute
the Apple Boot ROM code or firmware, or any portions
thereof.
D. 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 place of the unmodified Apple Software, on a
single Apple-labeled computer; 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 updates, maintenance, warranty, technical or other
support, or services for the resultant modified Apple
Software.You expressly acknowledge that if failure or damage to
Apple hardware results from modification of the Open-
Sourced Components of the Apple Software, such failure
or damage is excluded from the terms of the Apple
hardware warranty.
E. Apple has provided, as part of the Apple Software
package, access to certain third party software as a
convenience. To the extent that the Apple Software
contains third party software, Apple has no express or
implied obligation to provide any technical or other
support for such software. Please contact the
appropriate software vendor or manufacturer directly
for technical support and customer service related to its
software and products..
F. Except as and only to the extent permitted by
applicable licensing terms governing use of the Open-
Sourced Components, or by applicable law, you may not
copy, decompile, reverse engineer, disassemble, modify,
or create derivative works of the Apple Software or any
part thereof. 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.
G. If you use Setup/Migration Assistant to transfer
software from one Apple-labeled computer to another
Apple-labeled computer, please remember that
continued use of the original copy of the software may
be prohibited once a copy has been transferred to
another computer, unless you already have a licensed
copy of such software on both computers. You should
check the relevant software license agreements for
applicable terms and conditions.
3. Transfer.
You may not rent, lease, lend, redistribute or sublicense
the Apple Software. Subject to the restrictions set forth
below, you may, however, make a one-time permanent
transfer of all of your license rights to the Apple
Software (in its original form as provided by Apple) to
another party, provided that: (a) the transfer must
include all of the Apple Software, including all its
component parts (excluding Apple Boot ROM code and
firmware), original media, printed materials and this
License; (b) you do not retain any copies of the Apple
Software, full or partial, including copies stored on a
computer or other storage device; and (c) the party
receiving the Apple Software reads and agrees to accept
the terms and conditions of this License. You may not
rent, lease, lend, redistribute, sublicense or transfer any
Apple Software that has been modified or replaced
under Section 2D above. All components of the Apple
Software are provided as part of a bundle and may not
be separated from the bundle and distributed as
standalone applications. Apple Software provided with a
particular Apple-labeled hardware product may not run
on other models of Apple-labeled hardware.
Updates:
If an Apple Software update completely
replaces (full install) a previously licensed version of the
Apple Software, you may not use both versions of the
Apple Software at the same time nor may you transfer
them separately.
NFR (Not for Resale) and Evaluation Copies:
Notwithstanding other sections of this License, Apple
Software labeled or otherwise provided to you on a
promotional or not-for-resale basis may only be used for
demonstration, testing and evaluation purposes and
may not be resold or transferred.Apple System Restore Copies:
Restore CDs or DVDs that
may accompany an Apple hardware bundle, or are
otherwise provided by Apple in connection with an
Apple hardware bundle, contain a copy of the Apple
Software that is to be used for diagnostic and
restorative purposes only. These CDs and DVDs may be
resold or transferred only as part of the Apple hardware
bundle.
Academic Copies:
If the Apple Software package has an
academic label or if you acquired the Apple Software at
an academic discount, you must be an Eligible
Educational End User to use the Apple Software.
“Eligible Educational End Users” means students, faculty,
staff and administration attending and/or working at an
educational institutional facility (i.e., college campus,
public or private K-12 schools).
4. 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, and to verify compliance with the terms of
this License. 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.
5. Termination.
This License is effective until terminated. Your rights
under this License will 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.
6. Limited Warranty on Media.
Apple warrants the media on which the Apple Software
is recorded and delivered by Apple 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
Section 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, 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 ORIGINAL RETAIL PURCHASE. 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, PACKAGING OR OTHERWISE. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
BY JURISDICTION.
7. Disclaimer of Warranties.
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
AND ANY SERVICES PERFORMED OR PROVIDED BY THEAPPLE SOFTWARE (“SERVICES”) ARE 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 7 and 8) HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE
APPLE SOFTWARE AND ANY SERVICES, 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 NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE APPLE SOFTWARE, THAT THE FUNCTIONS
CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED
BY, THE APPLE SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE APPLE
SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT THE APPLE SOFTWARE OR SERVICES
WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR
THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES
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 OR
SERVICES 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, displays,
links to, and provides web services related 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 but not limited to: (a) the
accuracy, availability, sequence, completeness, currency,
content, validity or quality of any such sites and
information, or (b) 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 any sites or
information displayed by or accessed through the Apple
Software, or any web services performed by the Apple
Software in relation to such sites or information. 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. Financial information displayed by the
Apple Software is for general informational purposes
only and is not intended to be relied upon as
investment advice. Before executing any securities
transaction based upon information obtained through
the Apple Software, you should consult with a financial
professional. Neither Apple nor any of its content
providers guarantees the accuracy, completeness, or
timeliness of stock information appearing within the
Apple Software. The Apple Software may be used to
conduct automated translations. As automated translations are performed by software tools and do not
involve any human intervention or verification, it is not
advisable to rely upon such translations where absolute
accuracy is required. Backup functions performed by the
Apple Software are only carried out at certain times and
are subject to hardware limitations such as drive storage
capacity.
Apple and its licensors reserve the right to change,
suspend, remove, or disable access to any Services at
any time without notice. In no event will Apple be liable
for the removal of or disabling of access to any such
Services. Apple may also impose limits on the use of or
access to certain Services, in any case and without
notice or liability.
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 LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR 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 (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 NONINFRINGEMENT
OF THIRD PARTY RIGHTS WITH RESPECT
TO DIGITAL CERTIFICATES. You agree that (a) you will not
falsify or misuse any certificate; (b) 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; (c) 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.
Use of Digital Certificates in iChat. The Apple Software
allows you to encrypt your iChat communications. This
feature uses digital certificates to verify that the iChat is
coming from the iChat screen name that appears in the
iChat window and to encrypt and decrypt the chat. It
does not verify the identity of the person using that
screen name. Apple does not guarantee that there will
be no hacking or intrusions into the chat. YOUR USE OF
THIS FEATURE IN CONNECTION WITH ICHAT 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 NONINFRINGEMENT
OF THIRD PARTY RIGHTS WITH RESPECT TO THE USE OF DIGITAL CERTIFICATES AND/OR
ENCRYPTION IN ICHAT. By using the Apple Software, you
agree that (a) you will take no action that interferes with
the normal operation of digital certificates or encryption
used in an iChat session or otherwise falsify the digital
certificate used to validate a screen name; (b) you will
use the encrypted iChat function solely for legal
purposes; (c) you are solely responsible for preventing
any unauthorized user from having access to any
certificate or private key stored on your computer; and
(d) you will revoke any certificate that you have reason
to believe is compromised. Apple’s Certificate Policy and
Certificate Practice Statements may be found at: http://
www.apple.com/certificateauthority.
10. Export Control.
You may not use or otherwise export or reexport the
Apple Product except as authorized by United States law
and the laws of the jurisdiction in which the Apple
Product was obtained. In particular, but without
limitation, the Apple Product may not be exported or reexported
(a) into any U.S. embargoed countries or (b) 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 Product, you represent and warrant that you
are not located in any such country or on any such list.
11. Government End Users.
The Apple Software and related documentation 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. §227.7202-1 through 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 (b) 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; Governing Language.
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. Any translation of this License is done for local
requirements and in the event of a dispute between the
English and any non-English versions, the English
version of this License shall govern.
14. Third Party Acknowledgements.
A. Portions of the Apple Software utilize or include third
party software and other copyrighted material.
Acknowledgements, licensing terms and disclaimers for
such material are contained in the “online” electronic
documentation for the Apple Software, 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/Lesser
General Public License (LGPL), as the case may be. You
may obtain a complete machine-readable copy of the
source code for such free software under the terms of
the GPL or LGPL, as the case may be, without charge
except for the cost of media, shipping, and handling,
upon written request to Apple. The GPL/LGPL software
is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY, without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. A copy of the GPL and LGPL is
included with the Apple Software.
C. The Apple Software includes certain software
licensed under the IBM Public License Version 1.0
(IPL) or the Common Public License Version 1.0 (CPL).
A copy of the source code for the IPL and CPL licensed
software may be found in Apple’s Open Source
repository. See Apple’s Open Source web site
(http://www.opensource.apple.com/) for information on
how to obtain the source code. THE IPL AND CPL
SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY
OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISINGIN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE
IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
D. MPEG-2 Notice. To the extent that the Apple Software
contains MPEG-2 functionality, the following provision
applies: ANY USE OF THIS PRODUCT OTHER THAN
CONSUMER PERSONAL USE IN ANY MANNER THAT
COMPLIES WITH THE MPEG-2 STANDARD FOR
ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA
IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER
APPLICABLE PATENTS IN THE MPEG-2 PATENT
PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG
LA, L.L.C, 250 STEELE STREET, SUITE 300, DENVER,
COLORADO 80206.
E. Use of MPEG-4. This product is licensed under the
MPEG-4 Systems Patent Portfolio License for encoding in
compliance with the MPEG-4 Systems Standard, except
that an additional license and payment of royalties are
necessary for encoding in connection with (i) data
stored or replicated in physical media which is paid for
on a title by title basis and/or (ii) data which is paid for
on a title by title basis and is transmitted to an end user
for permanent storage and/or use. Such additional
license may be obtained from MPEG LA, LLC.
See http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent
Portfolio License for the personal and non-commercial
use of a consumer for (i) encoding video in compliance
with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/
or (ii) decoding MPEG-4 video that was encoded by a
consumer engaged in a personal and non-commercial
activity and/or was obtained from a video provider
licensed by MPEG LA to provide MPEG-4 video. No
license is granted or shall be implied for any other use.Additional information including that relating to
promotional, internal and commercial uses and
licensing may be obtained from MPEG LA, LLC.
See http: //www.mpegla.com. For answers to
frequently asked questions regarding use fees
under the MPEG LA Visual Patent Portfolio License see
www.apple.com/mpeg4 or www.apple.com/quicktime/
products/qt/faq.html.
F. H.264/AVC Notice. To the extent that the Apple
Software contains AVC encoding and/or decoding
functionality, commercial use of H.264/AVC requires
additional licensing and the following provision applies:
THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED
HEREIN ONLY FOR THE PERSONAL AND NONCOMMERCIAL
USE OF A CONSUMER TO (i) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD
(“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT
WAS ENCODED BY A CONSUMER ENGAGED IN A
PERSONAL AND NON-COMMERCIAL ACTIVITY
AND/OR AVC VIDEO THAT WAS OBTAINED FROM A
VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.
INFORMATION REGARDING OTHER USES AND
LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C.
SEE HTTP://WWW.MPEGLA.COM.
G. AMR Notice. The Adaptive Multi-Rate (“AMR”)
encoding and decoding functionality in this product is
not licensed to perform cellular voice calls, or for use in
any telephony products built on the QuickTime
architecture for the Windows platform. The AMR
encoding and decoding functionality in this product is
also not licensed for use in a cellular communications
infrastructure including: base stations, base station
controllers/radio network controllers, switching centers,
and gateways to and from the public switched network.
H. FAA Notice. Aircraft Situation Display and National
Airspace System Status Information data (collectively
“Flight Data”) displayed through the Apple Software is
generated by the Federal Aviation Administration. You
agree not to redistribute Flight Data without the prior
written consent of the FAA. The FAA and Apple disclaim
all warranties, expressed or implied (including the
implied warranties of merchantability and fitness for a
particular purpose), regarding the use and accuracy of
the Flight Data. You agree that the FAA and Apple shall
not be liable, either collectively or individually, for any
loss, damage, claim, liability, expense, or penalty, or for
any indirect, special, secondary, incidental, or
consequential damages deriving from the use of the
Flight Data. The Apple Software is not sponsored or
endorsed by the FAA. The FAA is not responsible for
technical or system problems, and you should not
contact the FAA regarding such problems or regarding
operational traffic flow issues.
I. Use of Adobe Color Profiles. You may use the Adobe
Color Profile software included with the Apple Software
pursuant to this License, but Adobe is under no
obligation to provide any support for the Color Profiles
hereunder, including upgrades or future versions of the
Profiles or other items. In addition to the provisions of
Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS
WHATSOEVER. The Adobe Color Profile software
distributed with the Apple Software is also available for
download from Adobe at www.adobe.com.