APPLE CD-ROM SOFTWARE END-USER LICENSE 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE ENCLOSED CD-ROM.  BY USING THIS CD-ROM, 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 UNUSED CD-ROM TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

The enclosed CD-ROM contains proprietary, copyrighted application, demonstration, and/or system software (the "Software") and a copy of "Inside Macintosh", owned by Apple.  The Software and Inside Macintosh are licensed to you by Apple.  You own the compact disc on which the Software and Inside Macintosh are recorded but Apple retains title to the Software and Inside Macintosh.

1. License. This License allows you to:
(a)  Use, copy, modify, and incorporate the Software into your own programs, provided you reproduce on each copy the Apple copyright notice and any other proprietary legends that were on the original copy of the Software.  You may not modify, copy, or redistribute Inside Macintosh.
(b)  Transfer all your license rights in the Software and Inside Macintosh and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the CD-ROM , the Software and Inside Macintosh and all copies thereof. This License will terminate immediately without notice from Apple if you fail to comply with any provision of this License. Upon termination you must destroy the CD-ROM and the Software and Inside Macintosh.

3. Export Law Assurances. You agree and certify that neither the CD-ROM, the Software, Inside Macintosh, nor any other technical data included on the CD-ROM, nor the direct product thereof, will be exported outside the United States except as authorized in advance by Apple, in writing, and as permitted by the laws and regulations of the United States.

4.  Government End Users.
(a) If this CD-ROM is acquired by or on behalf of a unit or agency of the United States Government this provision applies. The Software and Inside Macintosh included in this CD-ROM: (i) were developed at private expense, and no part of it was developed with government funds; (ii) are trade secrets of Apple, for all purposes of the Freedom of Information Act; (iii) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to Apple.

(b) For units of the Department of Defense (DOD), this CD-ROM and Software and Inside Macintosh is sold only with "Restricted Rights" as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFARS") 52.227-7013 (c) (1) (ii) and use, duplication or disclosure is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013.  Manufacturer: Apple Computer, Inc., 20525 Mariani Avenue, Cupertino, California 95014.

(c) If this Software and Inside Macintosh were acquired under a GSA Schedule, the Government has agreed: (i) to refrain from changing or removing any insignia or lettering from the Software and Inside Macintosh that is provided or from producing copies thereof (except one copy for backup purposes); (ii) title to and ownership of this Software and Inside Macintosh and any reproductions thereof shall remain with Apple; (iii) use of this Software and Inside Macintosh shall be limited to the facility for which it is acquired; and (iv) if use of the Software and Inside Macintosh is discontinued at the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to Apple, specifying the type of computer and new location site.

(d) Government personnel using this Software and Inside Macintosh, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this  Software and Inside Macintosh is subject to restrictions which are the same as, or similar to, those specified above.

5. Limited Warranty on Media. Apple warrants the CD-ROM on which the Software and Inside Macintosh are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Apple's entire liability and your exclusive remedy will be replacement of the disc not meeting Apple's limited warranty and which is returned to Apple or an Apple authorized representative with a copy of the receipt or other proof of authorized possession. Apple will have no responsibility to replace a disc damaged by accident, abuse or misapplication.  

ANY IMPLIED WARRANTIES ON THE CD-ROM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software and Inside Macintosh is at your sole risk. The Software and Inside Macintosh are provided "AS IS" and without warranty of any kind. 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 SOFTWARE AND INSIDE MACINTOSH WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE AND INSIDE MACINTOSH WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND INSIDE MACINTOSH WILL BE CORRECTED.  FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR INSIDE MACINTOSH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN AUTHORIZED REPRESENTATIVE OF APPLE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE SOFTWARE AND/OR INSIDE MACINTOSH PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN AUTHORIZED REPRESENTATIVE OF APPLE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE SOFTWARE, INSIDE MACINTOSH, OR THE COMPUTER SYSTEM WITH WHICH THEY ARE USED.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

7. 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 SOFTWARE OR INSIDE MACINTOSH, EVEN IF APPLE OR AN AUTHORIZED REPRESENTATIVE OF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES 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 the amount paid by you for the CD-ROM.

8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the State of California.  If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and 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 Software and Inside Macintosh, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  

