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ENGLISH
Apple Computer, Inc.
Administration 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 ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY
YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE
"AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO
NOT USE THE SOFWARE AND (IF APPLICABLE) RETURN THE APPLE SOFTWARE TO THE PLACE
WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED
ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
IMPORTANT NOTE: To the extent this software may be used to reproduce
materials, it is licensed to you only for reproduction of materials you are
authorized or legally permitted to reproduce.
1. General. The administration software and any related documentation, and any
fonts accompanying this License whether on disk, in read only memory, or on
any other media (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
licenses granted herein are limited to Apple's and its licensors' intellectual
property rights in the Apple Software 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 title to the Apple
Software. The Apple Software in this package and any copies which this License
authorizes you to make are subject to this License. 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.
2. Permitted License Uses and Restrictions. This License allows you to install
and copy the Apple Software for use on multiple computers on a network to
monitor and manage your storage device. You may make multiple copies of the
Apple Software in machine-readable form provided that such copies include all
copyright or other proprietary notices contained on the original and that such
copies are used for the purpose as specified above.. Except as and only to the
extent expressly permitted in this License 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.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the
Apple Software. 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, 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. NFR (Not for
Resale) Copies: Notwithstanding other sections of this License, Apple Software
labeled or otherwise provided to you on a promotional basis may only be used
for demonstration, testing and evaluation purposes and may not be resold or
transferred.
4. 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.
5. 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.
6. 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 IS 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 6 AND 7)
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE
SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR APARTICULAR 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 THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, 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 OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
7. 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 SERVER 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.
8. 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, Sudan, and Syria) 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.
9. 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.
§227.7202-1through 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.
10. 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.
11. Complete Agreement; Governing Language. This License constitutes the
entire agreement between the parties with respect to the use of the Server
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.
12. 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. EA0169
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