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.
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest
in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original
Code and any Modifications made by or on behalf of Apple (“Apple Modifications”), and such Apple Modifications
will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple
Modifications under this License, or on different terms from those contained in this License or may choose not to
license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such
breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
SC-F7000 Series User’s Guide
Software License Terms
98
