APPLE_DRIVER_LICENSE.txt [plain text]
APPLE COMPUTER, INC.
APPLE BINARY DRIVER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
THE SOFTWARE. BY USING THE 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 APPLE SOFTWARE.
1. License. The Apple driver software, kernel extension files, documentation
and other materials accompanying this License, whether 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 Computer, 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
intellectual property rights in the Apple Software and do not include any other
patents or intellectual property rights. You own the media (if any) on which
the Apple Software is recorded but Apple retains ownership of the Apple
Software itself. The Apple Software in this package and any copies which this
License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. Subject to the terms and conditions of
this License:
(a) you may, in connection with the installation and running of Apple's Darwin
operating system ("Darwin OS"), use the Apple Software for personal use or
internally within your business or organization, and you may make a reasonable
number of copies of the Apple Software to the extent necessary to effect such
internal use purposes; and
(b) if you are redistributing the Darwin OS (or portions thereof) pursuant to
the terms of the Apple Public Source License Versions 1.0, 1.1, 1.2, or 2.0
(the "APSL"), you may reproduce and distribute copies of the Apple Software
together with the Darwin OS for the sole purpose of enabling others to install
and run the Darwin OS, provided that: (i) the Apple Software is distributed in
its entirety, including all its component parts and related documentation (if
any); (ii) the Apple Software is distributed under the terms of this License
and a copy of this License accompanies such distribution; and (iii) your
underlying Darwin OS redistribution is in accordance with the terms of the APSL
and other applicable third party licensing terms. This License does not permit
the Apple Software to be distributed on a standalone basis or in any manner
other than as expressly permitted above.
In all cases, you must reproduce the Apple copyright notice and any other
proprietary legends that were on the original copy of the Apple Software on
each copy of the Apple Software that you make. Except as and only to the
extent expressly permitted in this License or by applicable law, you may not
decompile, reverse engineer, disassemble, modify, rent, lease, loan,
sublicense, distribute or create derivative works based upon the Apple Software
in whole or part or transmit the Apple Software over a network or from one
computer to another. Your rights under this License will terminate
automatically without notice from Apple if you fail to comply with any term(s)
of this License. In addition, Apple reserves the right to terminate this
License if a new version of Apple's operating system software or the Apple
Software is released which is incompatible with this version of the Apple
Software.
3. Disclaimer Of Warranty. The Apple Software may be designated as alpha,
beta, development, pre-release, untested, or not fully tested versions of the
Apple Software. Such 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. THE APPLE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND
AND APPLE AND APPLE'S LICENSORS (FOR THE PURPOSES OF SECTIONS 3 AND 4, APPLE
AND APPLE'S LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY
DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLE SOFTWARE, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OR QUIET ENJOYMENT, AND OF NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, 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. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU 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.
4. Limitation Of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGESWHATSOEVER, 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 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 $50.
5. 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 re-exported (a)
into (or to a national or resident of) any U.S. embargoed countries (currently
Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, or the Taliban
Controlled areas of Afghanistan) 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 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.
6. Government End Users. If the Apple Software is supplied to the United States
Government, 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. ¤227.7202-1through 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.
7. 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.
8. Complete Agreement. 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.
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