YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD DISCONTINUE THIS TRANSMISSION. SINGLE-COMPUTER END USER SOFTWARE LICENSE AGREEMENT APPLE COMPUTER, INC. ("Apple") provides this software and licenses its use. You assume responsibility for the selection of the software to achieve your intended results, and for the installation and use of, and results obtained from, the software. LICENSE Pursuant to this license you may: 1. Use the software only on a single Apple computer. You must obtain a supplementary license from Apple before using the software in connection with systems and multiple central processing units, computer networks or emulations on mainframe or minicomputers. 2. Download the software only on media that is compatible with Apple manufactured computers. 3. Copy the software into any machine readable form for backup purposes in support of your use of the software on the single Apple computer. 4. Transfer the software and license to another party with a copy of this Agreement provided the other party reads and agrees to accept the terms and conditions of this Agreement. If you transfer the software, you must at the same time either transfer all copies, whether in printed or machine-readable form, to the same party or destroy any copies not transferred. Apple grants a license to such other party under this Agreement and the other party will accept such license by its initial use of the software. If you transfer possession of any copy of the software, in whole or in part, to another party, your license is automatically terminated. This software is protected by United States copyright law. You must reproduce the Apple copyright notice on any copy of the software. THIS SOFTWARE MAY BE ELECTRONICALLY DISTRIBUTED ONLY BY AUTHORIZED ELECTRONIC DISTRIBUTORS. IT MAY BE DOWNLOADED ONLY FOR PERSONAL OR NON-COMMERCIAL USES ON APPLE COMPUTERS AND MAY NOT BE REDISTRIBUTED OR USED FOR COMMERCIAL PURPOSES WITHOUT AN EXPRESS SOFTWARE DISTRIBUTION LICENSE FROM APPLE. These licenses are available from Apple's Software Licensing Department. YOU MAY NOT MODIFY, REVERSE COMPILE, DISASSEMBLE, NETWORK, RENT, LEASE, LOAN OR DISTRIBUTE THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART. YOU UNDERSTAND THAT UNAUTHORIZED REPRODUCTION OF COPIES OF THE SOFTWARE OR UNAUTHORIZED TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO A LAWSUIT FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES. Apple reserves all rights not expressly granted to you. Export law assurances You agree and certify that neither the software and documentation nor any direct product thereof (1) is intended to be used for nuclear proliferation or any other purpose prohibited by the United States Export Administration Act of 1979, as amended (the "Act") and the regulations promulgated thereunder, and (2) is being or will be downloaded, shipped, transferred or reexported, directly or indirectly, into any country prohibited by the Act and the regulations promulgated thereunder. Government End Users If you are acquiring the software on behalf of any unit or agency of the United States government, you agree that: (a) the software is "Commercial Computer Software" as that term is defined in Paragraph 27.401 of the DoD Supplement to the Federal Acquisition Regulations (the "Supplement") or is within the equivalent classification of any other federal agencies' regulations; (b) the software was developed at private expense, and no part of it was developed with goverment funds; (c) the government's use of the software is subject to "Restricted Rights" as that term is defined in clause 52.227-7013 (b)(3)(ii) of the Supplement or in the equivalent clause of any other federal agencies' regulations; (d) the software is a "trade secret" of Apple for all purposes of the Freedom of Information Act; and (e) each copy of the software will contain the following Restricted Rights Legend: "Restricted Rights Legend" Use, duplication or disclosure is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at FAR 52.227-7013. Manufacturer: Apple Computer, Inc. 20525 Mariani Avenue, Cupertino, Calfornia 95014. You agree to indemnify Apple for any liability, loss, costs and expense (including court costs and reasonable attorneys' fees) arising out of any breach of the provisions of this Agreement relating to use by the government. Term The license is effective until terminated. You may terminate it at any time by destroying the software together with all copies. The license will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any of the terms or conditions of this Agreement. You agree upon such termination to destroy all copies of the software. Disclaimer of Warranty The software is provided "as is" without warranty of any kind, either express or implied, with respect to its merchantability or its fitness for any particular purpose. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you (and not Apple or an Apple authorized representative) assume the entire cost of all necessary servicing, repair or correction. Apple does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free or that defects in the software will be corrected. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Limitation of Remedies In no event will Apple be liable to you for any lost profits, lost savings or other incidental, special or consequential damages arising out of the use of or inability to use any software even if Apple or an authorized Apple representative has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. Apple's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the software that caused the damages or that is the subject matter of, or is directly related to, the cause of action. General This Agreement, if any attempt to network, rent, lease, or sublicense the software, or, except as expressly provided in this Agreement, to transfer any of the rights, duties or obligations under this Agreement, becomes void. The Agreement will be construed under the laws of the state of California, except for that body of laws dealing with conflict of laws. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.