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132 lines
8.3 KiB
Plaintext
132 lines
8.3 KiB
Plaintext
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APPLE COMPUTER, INC.
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APPLE BINARY DRIVER 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 DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE
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THE APPLE SOFTWARE.
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1. License. The Apple driver software, kernel extension files, documentation
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and other materials accompanying this License, whether on disk, in read only
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memory, on any other media or in any other form (collectively, the "Apple
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Software") are licensed, not sold, to you by Apple Computer, Inc. ("Apple") for
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use only under the terms of this License, and Apple reserves all rights not
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expressly granted to you. The rights granted herein are limited to Apple's
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intellectual property rights in the Apple Software and do not include any other
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patents or intellectual property rights. You own the media (if any) on which
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the Apple Software is recorded but Apple retains ownership of the Apple
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Software itself. The Apple Software in this package and any copies which this
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License authorizes you to make are subject to this License.
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2. Permitted Uses and Restrictions. Subject to the terms and conditions of
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this License:
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(a) you may, in connection with the installation and running of Apple's Darwin
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operating system ("Darwin OS"), use the Apple Software for personal use or
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internally within your business or organization, and you may make a reasonable
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number of copies of the Apple Software to the extent necessary to effect such
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internal use purposes; and
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(b) if you are redistributing the Darwin OS (or portions thereof) pursuant to
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the terms of the Apple Public Source License Versions 1.0, 1.1, 1.2, or 2.0
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(the "APSL"), you may reproduce and distribute copies of the Apple Software
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together with the Darwin OS for the sole purpose of enabling others to install
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and run the Darwin OS, provided that: (i) the Apple Software is distributed in
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its entirety, including all its component parts and related documentation (if
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any); (ii) the Apple Software is distributed under the terms of this License
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and a copy of this License accompanies such distribution; and (iii) your
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underlying Darwin OS redistribution is in accordance with the terms of the APSL
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and other applicable third party licensing terms. This License does not permit
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the Apple Software to be distributed on a standalone basis or in any manner
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other than as expressly permitted above.
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In all cases, you must reproduce the Apple copyright notice and any other
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proprietary legends that were on the original copy of the Apple Software on
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each copy of the Apple Software that you make. 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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decompile, reverse engineer, disassemble, modify, rent, lease, loan,
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sublicense, distribute or create derivative works based upon the Apple Software
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in whole or part or transmit the Apple Software over a network or from one
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computer to another. Your rights under this License will terminate
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automatically without notice from Apple if you fail to comply with any term(s)
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of this License. In addition, Apple reserves the right to terminate this
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License if a new version of Apple's operating system software or the Apple
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Software is released which is incompatible with this version of the Apple
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Software.
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3. Disclaimer Of Warranty. The Apple Software may be designated as alpha,
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beta, development, pre-release, untested, or not fully tested versions of the
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Apple Software. Such Apple Software may contain errors that could cause
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failures or loss of data, and may be incomplete or contain inaccuracies. YOU
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EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE
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RISK. THE APPLE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND
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AND APPLE AND APPLE'S LICENSORS (FOR THE PURPOSES OF SECTIONS 3 AND 4, APPLE
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AND APPLE'S LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY
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DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLE SOFTWARE, EXPRESS OR IMPLIED,
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INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
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FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OR QUIET ENJOYMENT, AND OF NON-
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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, OR 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, SO THE ABOVE
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EXCLUSION MAY NOT APPLY TO YOU.
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4. Limitation Of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
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SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
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DAMAGESWHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
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LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
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ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE,
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HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
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OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
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LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
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EXCLUSION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to
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you for all damages, losses, and causes of action (whether in contract, tort
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(including negligence) or otherwise) exceed $50.
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5. 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, Serbia, Sudan, Syria, or the Taliban
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Controlled areas of Afghanistan) or (b) to anyone on the U.S. Treasury
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Department's list of Specially Designated Nationals or the U.S. Department of
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Commerce Denied Person's List or Entity List. By using the Apple Software, you
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represent and warrant that you are not located in, under control of, or a
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national or resident of any such country or on any such list.
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6. Government End Users. If the Apple Software is supplied to the United States
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Government, the Apple Software and related documentation are "Commercial
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Items", as that term is defined at 48 C.F.R. ¤2.101, consisting of "Commercial
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Computer Software" and "Commercial Computer Software Documentation", as such
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terms are used in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202, as applicable.
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Consistent with 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202-1through 227.7202-4,
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as applicable, the Commercial Computer Software and Commercial Computer
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Software Documentation are being licensed to U.S. Government end users (a) only
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as Commercial Items and (b) with only those rights as are granted to all other
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end users pursuant to the terms and conditions herein. Unpublished-rights
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reserved under the copyright laws of the United States.
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7. 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 to
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agreements entered into and to be performed entirely within California between
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California residents. This License shall not be governed by the United Nations
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Convention on Contracts for the International Sale of Goods, the application of
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which is expressly excluded. If for any reason a court of competent
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jurisdiction finds any provision, or portion thereof, to be unenforceable, the
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remainder of this License shall continue in full force and effect.
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8. Complete Agreement. This License constitutes the entire agreement between
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the parties with respect to the use of the Apple Software licensed hereunder
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and supersedes all prior or contemporaneous understandings regarding such
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subject matter. No amendment to or modification of this License will be
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binding unless in writing and signed by Apple.
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92501
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