Software License Terms
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8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code 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 Covered Code, or any portion thereof, is
at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
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
NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED
CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY
CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
Code is not intended for use in the operation of nuclear facilities, aircraft navigation,
communication systems, or air traffic control machines in which case the failure of the
Covered Code could lead to death, personal injury, or severe physical or environmental
damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR
OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY 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) under this
License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade
names "Apple", "Apple Computer", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
Server" or any other trademarks, service marks, logos or trade names belonging to Apple
(collectively "Apple Marks") or to any trademark, service mark, logo or trade name
belonging to any Contributor. You agree not to use any Apple Marks in or as part of the
name of products derived from the Original Code or to endorse or promote products
derived from the Original Code other than as expressly permitted by and in strict
compliance at all times with Apple's third party trademark usage guidelines which are
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
