Apple Inc. iPod Software License Agreement
Apple Inc. Software License Agreement for iPod
Single-use License
Please read this Software License Agreement (“License”) carefully before using the iPod or downloading the Software that actualizaciî n a comp” aa this license. Using the iPod or downloading this software actualizaciî n, segon the case may be, as a fact interpretarç se inequêvoco by accepting clçusulas of this license. If you do not agree, do not use the iPod or download this software actualizaciî n. If you do not accept this license and have not used the iPod can return to the store and ask for a refund adquiriî.
1. General
Apple Inc. (“Apple”) grants you (not sell) a license to use this software (including saying the c-ROM drive and any other software included), the documentation-ny any tipograf’a that accompanied and the iPod, which can be updated or replaced by software updates or programs RESTORATIO-n Apple system, whether on disk, in memory of s-it reading, or any other media or in any other way (called together the “Software iPod”), solely for use under this license tŽrminos. Apple reserves all rights not granted expressly to you. The rights here ‘s-what are awarded include the intellectual property of Apple on the iPod Software and do not include any other patents or intellectual property rights. While you acquire ownership of media on which the Software iPod ‡ est recorded but Apple and / or / the licensor / Apple is retaining ownership of the Software iPod.
2. Permitted Uses and license restrictions
(a) This license authorizes you to use the iPod Software on a single iPod device. This license does not allow the iPod software installed on estŽ m ‡ s an iPod at the same time and can not locate ‡ iPod Software on a network where it can be used by several perifŽricos or computers at the same time. This License does not grant you rights to use ningen interfaces Apple’s property, as’ as ningen intellectual property right with respect to design-, development, manufac-n, concessions licensing or distribution n-n devices and accessories from other manufacturers that are used with the iPod. Some of these rights are reflected in another license from Apple. For m ‡ s informaci-n the subject, message env’e Å-mail to the address-n madeforipod@apple.com.
(b) In respect of the iPod software updates and software system-n RESTORATIO Apple can make provisions of their customers to download (“iPod Software Updates”), this license allows you to download the updates iPod Software on a single computer to update the software on any iPod you have. This license does not allow for software updates m ‡ s iPod in a computer at a time, or update iPods that are not their property, or placing the iPod Software Updates on a network where they can be used by multiple computers or perifŽricos simultaneously. ‡ Podr You make a copy of the iPod Software Updates stored on your computer in a readable form solely for backup purposes, provided they contain all the information Žsta-n on copyright and copyright, or other data property contained in the original.
(c) Except as expressly permitted in this License or by applicable law, you may not copy, decompile, disassemble or attempt to obtain the c-source say, nor decrypt, modify or create derivative works from or based upon the Software iPod or iPod software updates or any of its parts. Any attempt to carry out the operations mentioned constitutes a breach-n of the rights of Apple and the licensees of the Software iPod and iPod Software Updates. Of violating this constraint-n, podr’a be subject to legal prosecution. When you store files on an iPod, you est ‡ making a digital copy. In some pa’ses is unlawful to make digital copies without permission from the owner of rights. Software Updates iPod and iPod Software may be used to reproduce materials provided such use is confined to the reproducci-n non-copyrighted materials, materials from which owns the copyright, or materials that can play since the authorizations have not appropriate legal permission. IPOD SOFTWARE AND SOFTWARE UPDATES ESTçN IPOD NOT INTENDED TO BE USED IN THE OPERATION OF NUCLEAR FACILITIES, AƒREA NAVIGATION, COMMUNICATION SYSTEMS, MçQUINAS CONTROL TRçFICO AƒREO, FACILITIES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE OR IPOD FOR IPOD software updates may involve DEATH, DA “DA or serious personal OS” OS into the environment.
3. Communicable-n
(a) You may not rent, lease, lend, redistribute or sublicense the Software iPod. However, it may transfer its rights under this license permanently and once provided that: (a) transmit the iPod and iPod all Software, including all components, original media, the documentation and print-n this License, (b) you retain no copies, complete or partial, iPod Software, including copies stored on a computer or other storage device, and (c) the other party tŽrminos read and accept the license conditions.
(b) In respect of the iPod Software Updates, you may not rent, lease, lend or sublicense the Software Updates iPod. However, it may transfer its rights under this license permanently and once provided that: (a) transmit the computer or iPod, segœn the case, and the entire iPod Software Updates, including all components, original media, printed the documentation-n and this License, (b) you retain no copies, in whole or part of the iPod Software Updates, including copies stored on a computer or other storage device, and (c ) the other party tŽrminos read and accept the license conditions.
4. Expiraci-No license
‡ This license remain in force until revoked or resolved. The rights under this License tambiŽn lose its validity ‡ n ‡ tica provided automatically without notice from Apple if you breach any of tŽrminos of this license. When Žsta longer in force, duty ‡ cease using the Software iPod and iPod Software Updates.
5. Exclusi-n garant’as
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE IPOD SOFTWARE UPDATES AND THE APPLE SOFTWARE IS AT YOUR ENTIRE RISK AND THAT YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. THE INSTALLATION OF THIS SOFTWARE MAY AFFECT THE FUNCTIONALITY party software. EXCEPT TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE AND IPOD IPOD SOFTWARE UPDATES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF NINGòN KIND AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND IPOD IPOD SOFTWARE UPDATES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WITH CARçCTER and NL THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE IPOD AND IPOD SOFTWARE UPDATES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE IPOD AND IPOD SOFTWARE UPDATES WILL MEET YOUR REQUIREMENTS, OR THAT THE IPOD SOFTWARE UPDATES SOFTWARE iPod work UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS AND IPOD OR SOFTWARE OF THE IPOD SOFTWARE UPDATES WILL BE CORRECTED. ANY INFORMATION OR ORAL OR WRITTEN ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE OF ANY WARRANTY CONSTITUIRçN. ON THE ASSUMPTION THAT THE SOFTWARE OR IPOD IPOD SOFTWARE UPDATES PROVE DEFECTIVE, YOU Entegra ASUMIRç THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. LIGHT OF THE LEGISLATION IN SOME COUNTRIES DO NOT ALLOW THE EXCLUSIîN OF IMPLIED WARRANTIES OR LIMITATIONS ON STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS EXCLUSIîN AND APPLICATION MAY NOT YOU.
6. L’allows liability
APPLE DOES NOT RESPONSIBLE NINGòN SERC CASE WITHIN THE LEGAL LIMITS OF THE DA “OS PERSONAL OR LOST PROFITS OR DA”, OR CONSEQUENTIAL DAMAGES, OR FOR DA “OS SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT NINGòN TYPE OF LIMITS, LOST PROFITS, THE DA “OS BY PƒRDIDA OF DATA, BUSINESS INTERRUPCIîN OR ANY OTHER KIND OF DA” O OS PƒRDIDAS TRADE FROM OR IN CONNECTION WITH THE USE OR MISUSE OF THE SOFTWARE IPOD OR IPOD SOFTWARE UPDATES, HOWEVER CAUSED AND REGARDLESS OF THE TEORêA OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF DA “OS. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DA “OS PERSONAL, OF PROFITS OR DA”, OR CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, SO THIS LIMITATION MAY NOT BE FOR APPLICATION TO YOU. Apple’s total liability for da-os and loss (other than those required by applicable law in cases in which personal estŽn da-os related) ‡ not exceed, in no circumstances, the amount of fifty d-lares U.S. (50 USD). The foregoing limitations be ‡ n force even if the above repairs-n fails its essential purpose.
7. Export controls
‡ You may not use or otherwise export or reexport the Software iPod or iPod software updates, except as permitted by legislació-n U.S. and pa’s in which you obtained the Software iPod and the iPod Software Updates. In particular, but not limited to, the Software Updates iPod and ‡ No Software may not be exported or re-exported: (a) ningen pa’s who has been embargoed by the United States, or (b) no one included in the list of Specially classified Treasury Department or the U.S. list of proscribed persons or entities of the Department of U.S. Commerce. Utilizing-n the part of the Software for its iPod and iPod Software Updates ‡ consider a fact its manifestations inequ’voco ny garant’a not reside in any of these pa’ses nor appear on any of the aforementioned lists. It undertakes not to use the Software iPod or the iPod Software Updates for any purposes prohibited by the U.S. legislació-n, including without limitation, the development, design or, the manufac-no-n the production of missiles or nuclear weapons or qu’micas biol-tions.
8. The Administraci-n end-user
iPod software, iPod software updates and the documentation-n relationship is considered “commercial art’culos” No segœn the definitions in the section of tŽrmino-n 48 C.FR ¤ C-2101 say the U.S. Federal Standards, consisting of “inform ‡ tico software for commercial use” and “documentaci-n ‡ tico inform software for commercial use” under the definitions of these tŽrminos in n 48 CFR ¤ 12.212 and 48 CFR ¤ 227.7202, segœn appropriate. Under 48 CFR ¤ 12.212 and 48 CFR ¤ 227.7202-1 through 227.7202-4 of the aforementioned C-say, segœn appropriate, inform ‡ tico software for commercial use and the documentation-n ‡ tico inform software for commercial use are distributed and licensed to end users of the adminis-No U.S. solely for the purposes of: (a) commercial art’culos, and (b) with the rights granted to all dem ‡ s users according to the tŽrminos and conditions stipulated in this contract. It is not subject to the rights issued pursuant to the copyright laws of the United States.
9. Controlling Law and Severability
This License shall be governed and interpreted ‡ ‡ segœn the laws of California, as might become applicable to agreements entered into and implemented in California by California residents. This license shall not be governed by the convenci ‡-n of the United Nations on Contracts for the International Sale of mercanc’as, the implementation-n which is expressly excluded. If for any raz-n, a court of competent jurisdiction finds any unenforceable or ineffective No provisions of this license or part of it, the rest of this License ‡ retain full force and effect.
10. By third party beneficiaries
of this contract is notified that the Californian company PortalPlayer, Inc., based in 3255 Scott Boulevard, Building 1, Santa Clara, California 95054, USA, is a third party beneficiary of this license, to the extent that contains software iPod PortalPlayer. ‡ This license may apply PortalPlayer, adem ‡ s from Apple, in rela-n with the software.
11. Contract ‘ntegrating; language applicable
This License constitutes the entire agreement between the parties with respect to the-n Utilizing Software iPod and iPod Software Updates the license granted herein and supersedes all prior or contemporaneous regarding such subject matter. This license solely ‡ Podr be amended by written agreement signed by Apple. Translations of this license is granted in order to meet the demands of local users, and in the event that something arises a conflict between the versi-n in English and any of the versions in other languages, always prevail ‡ the first.
12. Using MPEG-4
Software iPod and iPod Software Updates have been licensed under the license agreement, MPEG-4 Systems Patent Portfolio License (Patent Portfolio License MPEG-4) for the ENCODING-n under ‡ est ndar with MPEG-4 Systems, except that for the ENCODING-No additional license is required and payment of royalties related to: (i) data stored or replicated in a medium f’sico for which a payment is made t’tulo at’tulo, and / or (ii) the data for which a payment is made t’tulo at’tulo and are transmitted to an end user for storage and / or use permanent. Such additional license may be obtained from MPEG LA, LLC. M ‡ s For details, see p ‡ gina http://www.mpegla.com.
To the extent that the Software iPod and iPod Software Updates contain functions ENCODING-n and / or video deck-n descodificaci MPEG-4, these products are licensed under the License Agreement MPEG-4 Visual Patent Portfolio License (Patent Portfolio License MPEG-4 Visual) for personal use for noncommercial purposes by a consumer for (i) ENCODING video deck-n under ‡ est ndar MPEG-4 Visual (MPEG-4 video deck “) and / or (ii)-n descodificaci MPEG-4 video deck that has been encoded by a consumer engaged in a personal activity for non – commercial and / or were obtained from a supplier of video deck which has been granted a license from MPEG LA to provide MPEG-4 video deck. ‡ not grant any license to ningen other use, nor interpret ‡ t ‡ appointment so ningen other purpose.
For m ‡ s informaci-n, including the related concessions and licenses No promotional purposes, domestic and trade, see the web page p ‡ MPEG LA, LLC. in the direction-n http://www.mpegla.com. For m ‡ s questions about fees frequent use of the license MPEG LA Visual Patent Portfolio License, or www.apple.com/mpeg4 visit www.apple.com / quicktime / products / qt / faq.html.
13. H.264/AVC Notice
the extent that the Software iPod and iPod Software Updates contain functionality descodificaci ENCODING-ny-n AVC, commercial use of H.264/AVC requires tecnolog’a ‡ the No concessions for an additional license and apply the following provisions ‡ n: IS GRANTED BY THIS LICENSE FOR CONSUMERS TO USE THE AVC FUNCTIONALITY OF THE SOFTWARE AND IPOD iPod Software Updater, ONYX AND NOT PERSONAL PURPOSES TRADE TO: (i) ENCODE Vede FORMAT UNDER ESTçNDAR AVC (AVC Bede “), AND / OR (ii) Vede DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGING IN A BUSINESS PERSONAL AND NON-COMMERCIAL / O Vede AVC VIDEO THAT WAS OBTAINED FROM A PROVIDER TO WHOM Vede HAS BEEN GRANTED A LICENSE TO PROVIDE AVC Bede. FOR INFORMATION REGARDING OTHER USES AND TO THE GRANTING OF LICENSES, SEE PçGINA MPEG LA LLC WEB ADDRESS AT: HTTP: / / WWW.MPEGLA.COM.
14. AMR Notice
Regarding functionality descodificaci ENCODING-ny-n Adaptive Multi-Rate (“AMR”) for the Software iPod and iPod software updates are not licensed to the embodiments-n voice calls with telŽfonos m-vile or the use of any product telefon’a incorporated in the QuickTime architecture for the Windows platform. Regarding the functionality descodificaci ENCODING-ny-n AMR Software iPod and iPod software updates, no license is granted for use in communications infrastructure telefon’am-vile as: base stations, controllers base stations or radio network controllers, conmutaci-ny centers to or from the public switched network.
EA0421
Rev. 14/12/07