English

Apple Computer, Inc. WebObjects Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (”LICENSE”) 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, 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: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material you should contact your legal advisor.

1. General.
The software, documentation and any fonts accompanying this License and contained in the WebObjects software package 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 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 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. Definitions
2.1 “Authorized Development System” means any computer on which you are licensed to install the Apple Software for development purposes, and that runs any version of the following operating systems:

(a) Apple’s Mac OS
(b) Microsoft’s Window

2.2 “Authorized Deployment System” means a computer that runs an operating system that supports Java 2 technology and which is either owned and/or operated (i) by you for your internal use, or (ii) by a third party as a web application server, provided that you have a written agreement with such third party that protects Apple’s interest in the Apple Software at least to the same extent as this License.

3. Permitted License Uses And Restrictions
3.1 License to Develop Application Programs. If the software package provides a developer serial number enabling you to install the Apple Software for development purposes, then subject to the terms and conditions of this License, Apple grants to you a personal, non-exclusive license to:

(a) Install and use a single copy of the Apple Software on one (1) Authorized Development System, solely for the purpose of developing application programs.

(b) Use the Yellow Box for Windows files and run-time libraries contained in the Apple Software (collectively the “Yellow Box for Windows Runtimes”) only on your Authorized Development System for the sole purpose of operating, and only to the extent necessary to operate, the development tools that are included as part of the Apple Software or used for developing Apple Software application programs. Except as expressly stated above, no other license, express or implied, is granted with respect to the Yellow Box for Windows Runtimes.

(c) Access and use the restricted deployment functionality of the Apple Software made available from the developer serial number for the sole purpose of evaluating the performance of an application program which uses or is designed to use the Apple Software in a test system environment.

3.2 License to Deploy Server-Based Application Programs. If the software package provides a deployment serial number enabling you to install the Apple Software to deploy application programs developed using the Apple Software, then subject to the terms and conditions of this License, Apple grants to you a personal, non-exclusive license to:

(a) Install a single copy of the Apple Software (excluding the Yellow Box for Windows Runtimes) on one Authorized Deployment System.

(b) Access and use the Apple Software (excluding the Yellow Box for Windows Runtimes) and any related application installed on the Authorized Deployment System and permit others to access and use the same in connection with your use from any remote computer.

(c) Reproduce and distribute over a network, components of the Apple Software (excluding the Yellow Box for Windows Runtimes) for installation and use by others (“Java Client End Users”) on any remote computer’s volatile memory (e.g. RAM) to enable Java Client functionality solely for communicating with the Apple Software installed and executed on the Authorized Deployment System.

(d) Reproduce and distribute, both manually and automatically over a network, components of the Apple Software (excluding the Yellow Box for Windows Runtimes) for installation and use by Java Client End Users on any remote computer’s non-volatile memory (e.g. ROM) to enable Java Client functionality solely for communicating with the Apple Software installed and executed on the Authorized Deployment System, provided that all Java Client End Users who are not employees or contractors of your organization, are shown and accept, by means that are legally enforceable in the jurisdiction to which the Apple Software components are distributed, the following terms prior to their use of the Apple Software components:

Certain components (“Apple Software”) included in the software are licensed, not sold, to you by Apple Computer, Inc. (“Apple”), and Apple reserves all rights not expressly granted to you by these terms. Apple grants to you a personal, nonexclusive to install and use the Apple Software to enable Java Client functionality solely for communicating with Apple’s proprietary WebObjects software installed and executed on a remote server computer. You may make one copy of the Apple Software for backup or archival purposes. Except as and only to the extent expressly permitted herein 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.

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. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE 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 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 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.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE 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 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 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 five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You may implement acceptance of such terms by Java Client End Users via the Internet, online service or other reasonable manner of your choosing; however, it is your responsibility to ensure that such acceptance is legally enforceable under and otherwise complies with the relevant laws of the jurisdiction in which the Apple Software components are distributed.

3.3 Restrictions on Evaluation Release.
Should Apple provide you an evaluation serial number enabling you to install the Apple Software, then Apple grants to you a time restricted license to use the Apple Software to develop application programs under the terms of Section 3.1 and to deploy application programs developed using the Apple Software under the terms of Section 3.2 on your Authorized Deployment System for trial use and evaluation purposes only. All rights to the Evaluation Release will terminate on the date specified when using the evaluation serial number. You may not transfer the Evaluation Release. All other terms of this License shall apply and Apple will not be liable as a result of termination.

3.4 Source Code Components.
Apple may, either as part of the software package or on its Open Source web site (http://www.opensource.apple.com/), make available source code to certain portions of the Apple Software that are subject to third party open-source licensing terms (the “Open-Source Components”). You may modify or replace the Open-Source Components provided that you agree: (a) that Apple is not liable for and has no responsibility to provide any maintenance, technical or other support for any resultant Apple Software that replaces unmodified Open-Source Components, (b) to otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Source Components, and (c) to include all copyright or other proprietary notices contained on the original.

Apple may also make available source code to certain portions of the Apple Software that consist of sample or example code (the “Sample Code Components”). You may use, reproduce, modify and redistribute the Sample Code Components in accordance with the licensing terms accompanying such code or related project(s).

3.5 Duplication.
You may (a) make one copy of the Apple Software for backup or archival purposes, or (b) transfer the Apple Software to a single hard disk of each Authorized Deployment System, provided you keep the original solely for backup or archival purposes. Copies of the Apple Software must include all copyright or other proprietary notices contained on the original. You may print one copy of all documentation provided in electronic or online format. 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.

3.6 Restrictions on Academic Release.
If you licensed the academic release of the Apple Software, you represent to Apple that you are an accredited educational institution or a current member of the faculty, student body or staff of such an institution (”Educational User”). Educational Users are licensed to use the Apple Software to develop application programs under the terms of Section 3.1 and to deploy application programs developed using the Apple Software under the terms of Section 3.2, solely for academic purposes and such purposes must be directly related to (a) teaching in, or completing the requirements of, a degree-granting program(s) or (b) non-commercial research by students and faculty members, or (c) performing an administrative service, solely for the benefit of an accredited educational institution (”Educational Purposes”). Any use of the academic release of the Apple Software by other than Educational Users for other than Educational Purposes is expressly prohibited.

3.7 High Risk Activities.
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.

4. Transfer.
You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software (in its original form as provided by Apple), 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.

5. Printing.
You are licensed to use the Apple Software to output bitmaps generated by the PostScript interpreter included with the Apple Software (a) to create images for display on any computer screen, (b) to output to Group III or Group IV facsimile devices, (c) to output to any output device containing its own PostScript language interpreter, and (d) to output to either (i) NeXT Laser Printers or (ii) NeXT Color Printers manufactured prior to April 1993 (i.e., black NeXT-labeled printers). You are not otherwise licensed to print PostScript language files created with the Apple Software.

6. Coded Font Programs.
You agree not to sell or otherwise distribute any bitmaps generated by the coded font programs contained in the Apple Software. The trademarks used to identify the coded font programs are the property of the trademark owners identified on or in the Apple Software or accompanying documentation and may not be used except to identify printed output produced by the respective coded font programs. You shall use such trademarks only in accordance with accepted trademark practice, including identification of the trademark owner’s name.

7. 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.

8. Limited Warranty on Media (if applicable).
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 OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

9. 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, INCLUDING BUT NOT LIMITED TO IBM, (COLLECTIVELY REFERRED TO AS “APPLE” for the purposes of SECTIONS 9 and 10) 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 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 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.

10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE, (AS DEFINED IN SECTION ABOVE) 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 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 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.

11. 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.

12. 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.

13. 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.

14. Third Party Acknowledgements.
Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the accompanying documentation for the Apple Software, and your use of such material is governed by their respective terms. Additionally, the Apple Software includes certain software known as “WSDL4J” developed by IBM Corporation (“IBM”) and licensed by Apple under the Common Public License Version 0.5. A copy of the source code for the IBM software may be found in Apple’s Open Source CVS repository. See Apple’s Open Source web site (http://www.opensource.apple.com/) for information on how to obtain the source code. THE IBM SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IBM SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IBM SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Complete Agreement; Governing Language.
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. 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.

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