10. Government End Users
The Apple Software and related documentation are
“Commercial Items”, as that term is dened 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. §227.7202-1 through 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 Unpublished-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.
11. Controlling Law and Severability
This License will be governed by and construed in accordance
with the laws of the State of California, excluding its conict
of law principles. 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 you are a consumer based in the United Kingdom, this
License will be governed by the laws of the jurisdiction
of your residence. If for any reason a court of competent
jurisdiction nds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in
full force and eect.
12. Complete Agreement; Governing Language
This License constitutes the entire agreement between you
and Apple relating to the Apple Software and supersedes all
prior or contemporaneous understandings regarding such
subject matter. No amendment to or modication 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, to the extent not prohibited by local law in
your jurisdiction.
13. Third Party Acknowledgements
A. 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 “online” electronic documentation for the
Apple Software, and your use of such material is governed by
their respective terms.
B. Use of MPEG-4. This product is licensed under the
MPEG-4 Visual Patent Portfolio License for the personal and
non-commercial use of a consumer for (i) encoding video
in compliance with the MPEG-4 Visual Standard (“MPEG-4
Video”) and/or (ii) decoding MPEG-4 video that was encoded
by a consumer engaged in a personal and non-commercial
activity and/or was obtained from a video provider licensed
by MPEG LA to provide MPEG-4 video. No license is granted
or shall be implied for any other use. Additional information
including that relating to promotional, internal and
commercial uses and licensing may be obtained from MPEG
LA, LLC. See http://www.mpegla.com.
C. H.264/AVC Notice. To the extent that the Apple Software
contains AVC encoding and/or decoding functionality,
commercial use of H.264/AVC requires additional licensing
and the following provision applies: THE AVC FUNCTIONALITY
IN THE APPLE SOFTWARE IS LICENSED HEREIN ONLY FOR THE
PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO
(i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD
(“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS
ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS
OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE
AVC VIDEO. INFORMATION REGARDING OTHER USES AND
LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE
HTTP://WWW.MPEGLA.COM.
14. Use of YouTube Service
Use of the YouTube service is subject to the following
additional terms: YouTube’s Terms of Use available at
http://www.youtube.com/t/terms and YouTube’s Privacy
Policy available at http://www.youtube.com/t/privacy.
15. Use of Flickr Service
Use of the Flickr service is subject to the following additional
terms: Yahoo’s Terms of Service available at http://ickr.com/
terms.gne, Yahoo’s Flickr Privacy Policy available at http://
ickr.com/privacy_policy.gne and Yahoo’s Copyright and
Intellectual Property Policy available at http://docs.yahoo.
com/info/copyright/copyright.html.
