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Revision 1.2 - (show annotations) (download)
Sat Nov 5 02:29:50 2011 UTC (3 years, 1 month ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +2 -2 lines
Fix various licenses, encoding should be UTF-8, bug 389395.

1 Apple Computer, Inc. Software License
2
3 PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
4 DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE
5 AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
6 AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD.
7
8 1. License. The software, documentation and any fonts which you will
9 receive by downloading this software (the "Apple Software") are
10 licensed, not sold, to you by Apple Computer, Inc. or its local
11 subsidiary, if any. Apple and/or Apple's licensor(s) retain title to
12 the Apple Software, and the Apple Software and any copies which this
13 License authorizes you to make are subject to this License. This
14 License grants no right or license under any trademarks, service
15 marks, or tradenames of Apple.
16
17 2. Permitted Uses and Restrictions. This License allows you to copy,
18 install and use the Apple Software on an unlimited number of computers
19 under your direct control. You may modify and create derivative works
20 of the Apple Software ("Modified Software"), however, you may not
21 modify or create derivative works of the fonts provided by Apple
22 ("Fonts"). You may distribute and sublicense such Modified Software
23 only under the terms of a valid, binding license that makes no
24 representations or warranties on behalf of Apple, and is no less
25 protective of Apple and Apple's rights than this License. You may
26 distribute and sublicense the Fonts only as a part of and for use with
27 Modified Software, and not as a part of or for use with Modified
28 Software that is distributed or sublicensed for a fee or for other
29 valuable consideration. If the Modified Software contains
30 modifications, overwrites, replacements, deletions, additions, or
31 ports to new platforms of: (1) the methods of existing class objects
32 or their existing relationships, or (2) any part of the virtual
33 machine, then for so long as the Modified Software is distributed or
34 sublicensed to others, such modified, overwritten, replaced, deleted,
35 added and ported portions of the Modified Software must be made
36 publicly available, preferably by means of download from a website, at
37 no charge under the terms set forth in Exhibit A below. You may
38 transfer your rights under this License provided you transfer this
39 License and a copy of the Apple Software to a party who agrees to
40 accept the terms of this License and destroy any other copies of the
41 Apple Software in your possession. Your rights under this License
42 will terminate automatically without notice from Apple if you fail to
43 comply with any term(s) of this License.
44
45 3. Disclaimer Of Warranty. The Apple Software is pre-release, and
46 untested, or not fully tested. The Apple Software may contain errors
47 that could cause failures or loss of data, and may be incomplete or
48 contain inaccuracies. You expressly acknowledge and agree that use of
49 the Apple Software is at your sole risk. You acknowledge that Apple
50 has not publicly announced, nor promised or guaranteed to you, that
51 Apple will release a final, commercial or any future pre-release
52 version of the Apple Software to you or anyone in the future, and that
53 Apple has no express or implied obligation to announce or introduce a
54 final, commercial or any future pre-release version of the Apple
55 Software or any similar or compatible product, or to continue to offer
56 or support the Apple Software in the future. The Apple Software is
57 provided "AS-IS" and without warranty of any kind and Apple and
58 Apple's licensor(s) (for the purposes of Sections 3 and 4, Apple and
59 Apple's licensor(s) shall be collectively referred to as "Apple")
60 EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
61 IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
62 CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR
63 A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE
64 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE
65 WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE
66 SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
67 APPLE SOFTWARE WILL BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT
68 OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
69 USE OF THE APPLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
70 CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
71 INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
72 REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
73 SCOPE OF THIS WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE,
74 YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE
75 ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
76 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
77 ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO
78 NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING
79 APPLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO
80 THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY
81 CAUSED BY APPLE'S NEGLIGENCE.
82
83 4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
84 NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
85 INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
86 LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL
87 OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In
88 no event shall Apple's total liability to you for all damages exceed
89 the amount of fifty dollars ($50.00).
90
91 5. Indemnification. You agree to indemnify and hold Apple harmless
92 from any and all damages, liabilities, costs and expenses (including
93 but not limited to attorneys' fees and costs of suit) incurred by
94 Apple as a result of any claim, proceeding, and/or judgment to the
95 extent it arises out of or is connected in any manner with the
96 operation, use, distribution or modification of Modified Software, or
97 the combination of Apple Software or Modified Software with other
98 programs; provided that Apple notifies Licensee of any such claim or
99 proceeding in writing, tenders to Licensee the opportunity to defend
100 or settle such claim or proceeding at Licensee's expense, and
101 cooperates with Licensee in defending or settling such claim or
102 proceeding.
103
104 6. Export Law Assurances. You may not use or otherwise export or
105 reexport the Apple Software except as authorized by United States law
106 and the laws of the jurisdiction in which the Apple Software was
107 obtained. In particular, but without limitation, the Apple Software
108 may not be exported or reexported (i) into (or to a national or
109 resident of) any U.S. embargoed country or (ii) to anyone on the
110 U.S. Treasury Department's list of Specially Designated Nationals or
111 the U.S. Department of Commerce's Table of Denial Orders. By using
112 the Apple Software, you represent and warrant that you are not located
113 in, under control of, or a national or resident of any such country or
114 on any such list.
115
116 7. Government End Users. If the Apple Software is supplied to the
117 United States Government, the Apple Software is classified as
118 "restricted computer software" as defined in clause 52.227-19 of the
119 FAR. The United States Government's rights to the Apple Software are
120 as provided in clause 52.227-19 of the FAR.
121
122 8. Controlling Law and Severability. If there is a local subsidiary
123 of Apple in the country in which the Apple Software License was
124 obtained, then the local law in which the subsidiary sits shall govern
125 this License. Otherwise, this License shall be governed by the laws
126 of the United States and the State of California. If for any reason a
127 court of competent jurisdiction finds any provision, or portion
128 thereof, to be unenforceable, the remainder of this License shall
129 continue in full force and effect.
130
131 9. Complete Agreement. This License constitutes the entire agreement
132 between the parties with respect to the use of the Apple Software and
133 supersedes all prior or contemporaneous understandings regarding such
134 subject matter. No amendment to or modification of this License will
135 be binding unless in writing and signed by Apple.
136
137 Where the Licensee is located in the province of Quebec, Canada, the
138 following clause applies: The parties hereto confirm that they have
139 requested that this Agreement and all related documents be drafted in
140 English. Les parties ont exigé que le présent contrat et tous les
141 documents connexes soient rédigés en anglais.
142
143
144 EXHIBIT A
145
146 License. You may copy, install, use, modify and create derivative
147 works of the [Modified Software] "Changed Software" (but you may not
148 modify or create derivative works of the [Fonts]) and distribute and
149 sublicense such Changed Software, provided however, that if the
150 Changed Software contains modifications, overwrites, replacements,
151 deletions, additions, or ports to new platforms of: (1) the methods of
152 existing classes objects or their existing relationships, or (2) any
153 part of the virtual machine, then for so long as the Changed Software
154 is distributed or sublicensed to others, such modified, overwritten,
155 replaced, deleted, added and ported portions of the Changed Software
156 must be made publicly available, preferably by means of download from
157 a website, at no charge under the terms of a license that makes no
158 representations or warranties on behalf of any third party, is no less
159 protective of [the licensors of the Modified Software] and its
160 licensors, and contains the terms set forth in Exhibit A below [which
161 should contain the terms of this Exhibit A]. You may distribute and
162 sublicense the [Fonts] only as a part of and for use with Changed
163 Software, and not as a part of or for use with Changed Software that
164 is distributed or sublicensed for a fee or for other valuable
165 consideration.

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