KAPITULLI III ENGLISH APPLE INC. CARDS SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE. IMPORTANT NOTE: To the extent that 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. (a) The Apple Cards software, content, documentation and any fonts included in the software (collectively the Apple Software) are licensed, not sold, to you by Apple Inc. (Apple) for use only under the terms of this License. Apple and/or Apples licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. (b) Apple, at its discretion, may make available future updates to the Apple Software for your Apple-branded iOS device. The Apple Software updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS devices. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. (c) Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, this License does not grant you any rights to use such content. 2. Permitted License Uses and Restrictions. (a) Subject to the terms and conditions of this License and as permitted in the Usage Rules set forth in the App Store Terms and Conditions, you are granted a limited non-transferable license to install and use the Apple Software on any compatible Apple-branded iOS device that you own or control. You may not distribute or make the Apple Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. (b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Apple Software). Any attempt to do so is a violation of the rights of Apple and its licensors of the Apple Software. (c) Except as may be provided herein, you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Apple Software, or otherwise use the Digital Materials outside the context of its intended use as part of the Apple Software. (d) You agree to use the Apple Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. 3. Consent to Use of Data. (a) Anonymous Diagnostic and Usage Data . You agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner and third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. (b) Location Data. Apple and its partners and licensees may provide certain features or services through the Apple Software that use and/or rely upon location information. To provide such features and services, where available, Apple and its partners and licensees may transmit, collect, maintain, process and use your location data. The location data collected by Apple is collected in a form that does not personally identify you and may be used by Apple and its partners and licensees to provide and improve location-based products and services. By using any location-based features or services provided by or through the Apple Software, you agree and consent to Apples and its partners and licensees’ transmission, collection, maintenance, processing and use of your location data to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting on your iOS device and turning off the individual location setting for the Apple Software. (c) At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: apple/privacy/ . 4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective 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. Sections 3, 4, 5, 6, 7, 8, 10 and 11 of this License shall survive any such termination. 5. Services and Third Party Materials. (a) The Apple Software may enable access to Apple’s iTunes Store and other Apple and third party services and web sites (collectively and individually, Services). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using the Apple Software in connection with an iTunes Store account, Apple ID or other Apple account, you agree to the applicable terms of service for that account, such as the latest iTunes Store Terms and Conditions which you may access and review at apple/legal/itunes/ ww/ . (b) All printing and mailing services related to the Apple Software are provided by Apple Print Services and are subject to the Print Services terms and conditions located at: apple/internetservices/ terms/membership_terms.html . (c) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. (d) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. (e) You agree that the Services contain proprietary content, information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You
Posted on: Sat, 26 Jul 2014 23:57:11 +0000