
Apple Computer, Inc.
Object Oriented SDK Software License 	

IMPORTANT:  PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY, THEN CLICK EITHER "YES" OR "NO".  BY CLICKING "YES," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "NO" AND (IF APPLICABLE) RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.

1.   APPLE SOFTWARE.  This License governs the use of the release of Apple software and related documentation provided with this License ("Apple Software").  The Apple Software also includes, and this License also governs, any later release or update of the Apple Software which Apple Computer, Inc. ("Apple") makes generally available without additional charge to licensees of your release of the Apple Software, and any copy of the Apple Software made in accordance with 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.

2.2  "Authorized Server" means (i) a computer that is owned and/or operated by you for your internal use as a web application server, or (ii) a computer that is owned or operated 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, and that:

(a)  if you purchased a Limited Deployment Server License, is capable of handling only up to twenty-five (25) Transactions Per Minute, has no Request Distribution capability, and operates on one of the following operating systems:
	(1)  Apple's Mac OS X Server
	(2)  Microsoft's Windows NT (on a single-processor machine); or

(b)  if you purchased a Workgroup Deployment Server License, is capable of handling only up to one hundred (100) Transactions Per Minute, has no Request Distribution capability, and operates on one of the following operating systems:
	(1)  Apple's Mac OS X Server
	(2)  Microsoft's Windows NT (on a single-processor machine)
	(3)  Sun Microsystem's Solaris (on a single-processor machine)
	(4)  HP-UX (on a single-processor machine); or

(c)  if you purchased a Desktop Unlimited Server License, is capable of handling an unlimited number of Transactions Per Minute, has Request Distribution capability, and operates on one of the following operating systems:
	(1)  Apple's Mac OS X Server 
	(2)  Microsoft's Windows NT (on a single-processor machine)
	(3)  Sun Microsystem's Solaris (on a single-processor machine)
	(4)  HP-UX (on a single-processor machine); or
	
(d)  if you purchased a High-End Unlimited Server License, is capable of handling an unlimited number of Transactions Per Minute, has Request Distribution capability, and operates on one of the following operating systems:
	(1)  Apple's Mac OS X Server 
	(2)  Microsoft's Windows NT (on a multi-processor machine)
	(3)  Sun Microsystem's Solaris (on a multi-processor machine)
	(4)  HP-UX (on a multi-processor machine).

2.3  "Number of Authorized Servers" means the number of Authorized Servers specified in the purchase order under which you ordered the Apple Software.  If your purchase order does not state a number of Authorized Servers to be licensed, or there is no such purchase order, then the Number of Authorized Servers authorized by this License shall be one (1).  

2.4  "Request Distribution" means the ability to have an application installed on many servers in a network such that requests can be distributed across those servers in order to balance the load of requests being handled by the network.

2.5  "Transactions Per Minute" means the number of network calls per minute that can be initiated as a request to an Authorized Server from any machine that has access to the Authorized Server, where the request can originate from an HTML browser, Java applet or any other application that has the capacity to communicate over a network to the Authorized Server.  If your purchase order does not state the type(s) or level(s) of Authorized Server License you wish to purchase, or there is no such purchase order, then the type of Authorized Server authorized under this License shall be a Limited Deployment Server License for a single (1) Authorized Server. 

3.   LICENSE GRANT AND LIMITATIONS
3.1  License to Develop Application Programs.  If you licensed a copy (or copies) of the Apple Software for development purposes and you paid the applicable developer license fee(s), then subject to the terms and conditions of this License, Apple grants to you a personal, non-exclusive license to use each such copy of the Apple Software on one (1) Authorized Development System of the processor family identified by you at the time of purchase, solely for the purpose of developing application programs.  

3.2  License to Deploy Server-Based Application Programs.  If you licensed a copy (or copies) of the Apple Software in order to deploy application programs developed using the Apple Software, and you paid the applicable deployment license fee(s), then subject to the terms and conditions of this License, Apple grants to you a personal, non-exclusive license to:

(i)  Install a single copy of the Apple Software on each Authorized Server, provided that the maximum number of installed copies does not at any time exceed the Number of Authorized Servers for the license you purchased and/or the type of Authorized Server License you purchased.  (If you wish to increase the number of Authorized Servers and/or change the type of Authorized Server License, you must acquire an additional license for each such Authorized Server and/or type of Authorized Server License from Apple.)

(ii)  Reproduce the Apple Software to the extent required to install and execute the Apple Software as permitted hereunder. 

(iii)  Access and use the Apple Software installed on the Authorized Server(s) and application programs which use or are designed to use the Apple Software, or any portion thereof, from any machine that has access to the Authorized Server(s).

3.3  Duplication.  You may (i) make one copy of the Apple Software for backup or archival purposes, or (ii) transfer the Apple Software to a single hard disk of each Authorized Server, provided you keep the original solely for backup or archival purposes.  If you have a developer license, as referenced in Paragraph 3.1 above, you may print one copy of all documentation provided in electronic or online format.  If you have a deployment license, as referenced in Paragraph 3.2 above, you may print one copy of all documentation provided in electronic or online format for each Authorized Server.

3.4  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 or student body of such an institution ("Educational User").  Educational Users are licensed to use the Apple Software to develop application programs under the terms of Paragraph 3.1 and to deploy application programs developed using the Apple Software under the terms of Paragraph 3.2, solely for academic purposes and such purposes must be directly related to (i) teaching in, or completing the requirements of, a degree-granting program(s) or (ii) non-commercial research by students and faculty members ("Educational Purposes").  All Authorized Servers of Educational Users will be deemed to fall within the High-End Unlimited Server license category of Paragraph 2.2(d).  Any use of the academic release of the Apple Software by other than Educational Users for other than Educational Purposes is expressly prohibited.

3.5  Limitations.  Except as expressly set forth in this License, you agree not to use, copy, disseminate or permit access to the Apple Software, or any portion thereof, in any form or medium.  Without limiting the generality of the foregoing, you agree not to alter, decompile, disassemble, or reverse engineer the Apple Software.  You agree to permit Apple, upon request, to examine all Authorized Servers in order to ensure your compliance with this License.  

4.   TRANSFER
You agree not to sell, transfer or sublicense the Apple Software, or any copy or portion thereof, to any other person, except that you may assign your rights under this License so long as (a) the assignee agrees in writing to be bound by the terms and conditions of this License, and (b) you transfer all copies of the Apple Software to the assignee and cease all use of the Apple Software. 

5.   OWNERSHIP
The Apple Software (including any images, "applets," photographs, animations, video, audio, music, and text incorporated into the Apple Software) is owned by Apple or its suppliers ("Third-Party Suppliers") and is protected by United States copyright laws and international treaty provisions.  Third-Party Suppliers are identified in the copyright notice on or in the Apple Software.  As a licensee, you own the media on which the Apple Software is recorded, but Apple and the Third-Party Suppliers retain title and ownership to the Apple Software recorded on the media and all copyright and other intellectual property rights therein.  This license is not a sale of the Apple Software or any copy.  

6.   GNU SOFTWARE AND BOURNE SHELL
The Apple Software includes certain software owned by Free Software Foundation, Inc. ("FSF") and licensed by Apple.  You may obtain a complete machine-readable copy of the source code for the FSF software under the terms of FSF's general public licenses, without charge except for the cost of media, shipping, and handling, upon written request to Apple.  A copy of FSF's general public license is included in the Apple Software on-line technical documentation.  

The Apple Software also includes software developed by the University of California, Berkeley and its contributors, including the Bourne Shell.  Complete source code for the Bourne Shell is provided on the Apple distribution media.  Use and redistribution are subject to restrictions on further distribution and warranty limitations of the University of California, Berkeley which are stated in the Bourne Shell source code.

7.   PROPRIETARY NOTICES
You agree not to alter, remove, or obscure any copyright notices or other proprietary notices on and in the Apple Software. You agree to include on and in any copies of the Apple Software the same proprietary notices and other legends contained on and in the Apple Software as furnished to you by Apple. 

8.   REDISTRIBUTABLE FILES AND RUN-TIME LIBRARIES
Important Note:  The Apple Software contains certain redistributable files and run-time libraries owned Apple and its licensors (collectively the "Yellow Box for Windows Runtimes"). This License, however, does not grant you any rights to deploy or otherwise redistribute any of the Yellow Box for Windows Runtimes contained in the Apple Software, and you may not deploy or otherwise redistribute any of the Yellow Box for Windows Runtimes without first entering into a separate written agreement with Apple.  If you wish to deploy or redistribute the Yellow Box for Windows Runtimes, please contact Apple's Software Licensing Department  at 2420 Ridgepoint Drive, MS: 198-SWL, Austin, Texas 78754, USA; telephone:  (512)919-2645; email: sw.license@apple.com, for the applicable license agreement.

9.   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 without an additional license available from Apple.

10.  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.

11.  PUBLICATION OF BENCHMARK RESULTS
You agree not to publish or release the results of any benchmark tests run on the Apple Software without Apple's prior written permission in each instance. 

12.  LIMITED WARRANTY ON MEDIA (if applicable)
Apple warrants the media on which the Apple Software is recorded 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 paragraph 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 THE IMPLIED WARRANTIES OF MERCHANTABILITY AND 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 THIS LIMITATION MAY NOT APPLY TO YOU.  THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.  APPLE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

13.  DISCLAIMER OF WARRANTY ON APPLE SOFTWARE
YOU AGREE THAT THE APPLE SOFTWARE IS FURNISHED ON AN "AS-IS" BASIS.  NEITHER APPLE NOR ANY THIRD-PARTY SUPPLIER MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE APPLE SOFTWARE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  NEITHER APPLE NOR ANY THIRD-PARTY SUPPLIER WARRANTS THAT THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.  NEITHER APPLE NOR ANY THIRD-PARTY SUPPLIER ASSUMES ANY LIABILITY REGARDING USE OF, OR ANY DEFECT IN, THE APPLE SOFTWARE.  THIS PRODUCT INCLUDES SOFTWARE DEVELOPED BY THE UNIVERSITY OF CALIFORNIA, BERKELEY AND ITS CONTRIBUTORS, WHICH IS SOFTWARE WHICH IS SUBJECT TO A SEPARATE WARRANTY DISCLAIMER REPRODUCED IN THE BOURNE SHELL SOURCE CODE.

14.  LIMITATION OF LIABILITY
IN NO EVENT SHALL APPLE OR THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In no event shall Apple's liability under this License exceed the amount of $500. 
 
15.  EXPORT
You agree not to export or re-export the Apple Software, or any portion thereof, (i) without the appropriate United States or foreign government licenses and (ii) to any foreign country unless Apple already directly sells or licenses the Apple Software to customers in that foreign country. 

16.  GOVERNMENT END USERS
If the Apple Software is supplied to the United States Government, the Apple Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR.  The United States Government's rights to the Apple Software are as provided in clause 52.227-19 of the FAR.

17.  CONTROLLING LAW AND SEVERABILITY
If there is a local subsidiary of Apple in the country in which the Apple Software License was obtained, then the local law in which the subsidiary sits shall govern this License.  Otherwise, this License shall be governed by the laws of the United States and the State of California.  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.  

18.  TERMINATION
This License shall be effective beginning on the date you acquire the Apple Software from Apple and shall continue until terminated.  Any failure by you to comply with any of the provisions of this License will be a material breach of this License and shall entitle Apple to terminate this License immediately. Upon termination, you are to immediately stop all use of the Apple Software and to return to Apple or erase all copies of the Apple Software in any form.

19.  COMPLETE AGREEMENT
This License constitutes the entire agreement between the parties with respect to the use of the Apple Software 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. 


APPLE COMPUTER, INC. 
INTERNATIONAL SALES SUBSIDIARY LIST

COUNTRY		SUBSIDIARY

Austria			Apple Computer Gesellschaft m.b.H.
Brazil			Apple Computer Brasil Ltda.
Canada			Apple Canada Inc.
France			Apple Computer France S.A.R.L.
Germany			Apple Computer GmbH
Hong Kong		Apple Computer International Ltd
India			Apple Computer International Pte. Ltd.
Ireland			Apple Computer (UK) Limited
Italy			Apple Computer S.p.A.
Japan			Apple Japan, Inc.
Mexico			Apple Computer Mexico, S.A. de C.V.
Netherlands, Belgium	Apple Computer Benelux B.V.
Singapore		Apple Computer South Asia Pte Ltd
South Africa		Apple Computer (Proprietary) Limited
Spain			Apple Computer Espana, S.A.
Sweden, Norway, Denmark	Apple Computer AB
Switzerland		Apple Computer AG (SA) (Ltd.)
Taiwan			Apple Computer Asia, Inc.
United Kingdom		Apple Computer (UK) Limited
	
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