174 lines
11 KiB
Text
174 lines
11 KiB
Text
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ENGLISH
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Apple Computer, Inc.
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Administration Software License Agreement
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PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
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THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
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OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY
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YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE
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"AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO
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NOT USE THE SOFWARE AND (IF APPLICABLE) RETURN THE APPLE SOFTWARE TO THE PLACE
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WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED
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ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
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IMPORTANT NOTE: To the extent this software may be used to reproduce
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materials, it is licensed to you only for reproduction of materials you are
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authorized or legally permitted to reproduce.
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1. General. The administration software and any related documentation, and any
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fonts accompanying this License whether on disk, in read only memory, or on
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any other media (collectively, the Apple Software ) are licensed, not sold,
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to you by Apple Computer, Inc. ( Apple ) for use only under the terms of this
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License, and Apple reserves all rights not expressly granted to you. The
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licenses granted herein are limited to Apple's and its licensors' intellectual
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property rights in the Apple Software and do not include any other patents or
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intellectual property rights. You own the media on which the Apple Software is
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recorded but Apple and/or Apple's licensor(s) retain title to the Apple
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Software. The Apple Software in this package and any copies which this License
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authorizes you to make are subject to this License. The terms of this License
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will govern any software upgrades provided by Apple that replace and/or
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supplement the original Apple Software product, unless such upgrade is
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accompanied by a separate license in which case the terms of that license will
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govern.
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2. Permitted License Uses and Restrictions. This License allows you to install
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and copy the Apple Software for use on multiple computers on a network to
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monitor and manage your storage device. You may make multiple copies of the
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Apple Software in machine-readable form provided that such copies include all
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copyright or other proprietary notices contained on the original and that such
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copies are used for the purpose as specified above.. Except as and only to the
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extent expressly permitted in this License or by applicable law, you may not
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copy, decompile, reverse engineer, disassemble, modify, or create derivative
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works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT
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INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
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OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES
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OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO
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DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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3. Transfer. You may not rent, lease, lend, redistribute or sublicense the
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Apple Software. You may, however, make a one-time permanent transfer of all of
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your license rights to the Apple Software (in its original form as provided by
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Apple) to another party, provided that: (a) the transfer must include all of
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the Apple Software, including all its component parts, original media, printed
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materials and this License; (b) you do not retain any copies of the Apple
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Software, full or partial, including copies stored on a computer or other
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storage device; and (c) the party receiving the Apple Software reads and
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agrees to accept the terms and conditions of this License. NFR (Not for
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Resale) Copies: Notwithstanding other sections of this License, Apple Software
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labeled or otherwise provided to you on a promotional basis may only be used
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for demonstration, testing and evaluation purposes and may not be resold or
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transferred.
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4. Termination. This License is effective until terminated. Your rights under
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this License will terminate automatically without notice from Apple if you
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fail to comply with any term(s) of this License. Upon the termination of this
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License, you shall cease all use of the Apple Software and destroy all copies,
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full or partial, of the Apple Software.
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5. Limited Warranty on Media. Apple warrants the media on which the Apple
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Software is recorded and delivered by Apple to be free from defects in
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materials and workmanship under normal use for a period of ninety (90) days
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from the date of original retail purchase. Your exclusive remedy under this
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Section shall be, at Apple s option, a refund of the purchase price of the
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product containing the Apple Software or replacement of the Apple Software
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which is returned to Apple or an Apple authorized representative with a copy
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of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA
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INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
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SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
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DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME
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JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
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SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH
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HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER
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WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS
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LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
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RIGHTS WHICH VARY BY JURISDICTION.
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6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
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THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
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SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR
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THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", WITH ALL
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FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS
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(COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 6 AND 7)
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HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE
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SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
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THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
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QUALITY, OF FITNESS FOR APARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
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AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST
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INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS
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CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE
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OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
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DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN
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INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE
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SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
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THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
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ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
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LIMITATIONS MAY NOT APPLY TO YOU.
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7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
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SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
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INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
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COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
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INABILITY TO USE THE SERVER SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY
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OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
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LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
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DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's
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total liability to you for all damages (other than as may be required by
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applicable law in cases involving personal injury) exceed the amount of fifty
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dollars ($50.00). The foregoing limitations will apply even if the above
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stated remedy fails of its essential purpose.
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8. Export Law Assurances. You may not use or otherwise export or reexport the
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Apple Software except as authorized by United States law and the laws of the
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jurisdiction in which the Apple Software was obtained. In particular, but
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without limitation, the Apple Software may not be exported or re-exported (a)
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into (or to a national or resident of) any U.S. embargoed countries (currently
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Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) or (b) to anyone on
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the U.S. Treasury Department's list of Specially Designated Nationals or the
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U.S. Department of Commerce Denied Person s List or Entity List. By using the
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Apple Software, you represent and warrant that you are not located in, under
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control of, or a national or resident of any such country or on any such list.
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9. Government End Users. The Apple Software and related documentation are
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"Commercial Items", as that term is defined at 48 C.F.R. <20>2.101, consisting of
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"Commercial Computer Software" and "Commercial Computer Software
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Documentation", as such terms are used in 48 C.F.R. <20>12.212 or 48 C.F.R.
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<EFBFBD>227.7202, as applicable. Consistent with 48 C.F.R. <20>12.212 or 48 C.F.R.
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<EFBFBD>227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software
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and Commercial Computer Software Documentation are being licensed to U.S.
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Government end users (a) only as Commercial Items and (b) with only those
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rights as are granted to all other end users pursuant to the terms and
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conditions herein. Unpublished-rights reserved under the copyright laws of the
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United States.
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10. Controlling Law and Severability. This License will be governed by and
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construed in accordance with the laws of the State of California, as applied
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to agreements entered into and to be performed entirely within California
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between California residents. This License shall not be governed by the United
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Nations Convention on Contracts for the International Sale of Goods, the
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application of which is expressly excluded. If for any reason a court of
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competent jurisdiction finds any provision, or portion thereof, to be
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unenforceable, the remainder of this License shall continue in full force and
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effect.
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11. Complete Agreement; Governing Language. This License constitutes the
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entire agreement between the parties with respect to the use of the Server
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Software licensed hereunder and supersedes all prior or contemporaneous
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understandings regarding such subject matter. No amendment to or modification
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of this License will be binding unless in writing and signed by Apple. Any
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translation of this License is done for local requirements and in the event of
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a dispute between the English and any non-English versions, the English
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version of this License shall govern.
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12. MPEG-2 Notice. To the extent that the Apple Software contains MPEG-2
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functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER
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THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2
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STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY
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PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT
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PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE STREET,
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SUITE 300, DENVER, COLORADO 80206. EA0169
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