AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND APPLE AND APPLE’S LICENSORS
(COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES
OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE
AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS.
7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND
SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES
PERFORMED BY THE APPLE SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE APPLE
SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE
MADE AVAILABLE, THAT DEFECTS IN THE APPLE SOFTWARE
OR SERVICES WILL BE CORRECTED, OR THAT THE APPLE
SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY
THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT
THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS
OR THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE APPLE
SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE
FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE
FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES
IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE
APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE
SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR
SERVICES 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.
8. Limitation of Liability
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, CORRUPTION OR LOSS
OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OF OR INABILITY TO USE THE APPLE SOFTWARE AND
SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS
IN CONJUNCTION WITH 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
fty dollars ($50.00). The foregoing limitations will apply even
if the above stated remedy fails of its essential purpose.
9. Export Control
You may not use or otherwise export or re-export the Apple
Software except as authorized by United States law and the
laws of the jurisdiction(s) in which the Apple Software was
obtained. In particular, but without limitation, the Apple
Software may not be exported or re-exported (a) into any U.S.
embargoed countries 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 any such country or on any such
list. You also agree that you will not use the Apple Software
for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture
or production of missiles, nuclear, chemical or biological
weapons.
