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`APPLE INC.
`APERTURE SOFTWARE LICENSE AGREEMENT
`Single Use License
`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 USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE
`LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE
`APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED
`WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER
`TO OBTAIN A REFUND.
`IMPORTANT NOTE: 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. The Apple and third party software (including any content), documentation and any fonts accompanying this
`License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software")
`are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all
`rights not expressly granted to you. You own the media on which the Apple Software is recorded but Apple and/or Apple's
`licensor(s) retain ownership of the Apple Software itself. 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.
`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. This License does not grant you any rights to
`use such content.
`2. Permitted License Uses and Restrictions. 
`A. Trial License. If you are using the trial version of the Apple Software, this License allows you to install and use the Apple
`Software on a single Apple-branded computer for the sole purpose of evaluating the Apple Software. The trial version of
`the Apple Software expires thirty (30) days after the date you first launch the Apple Software.
`B. Single User License. This License allows you to install and use one copy of the Apple Software on one Apple-branded
`desktop computer and one Apple-branded laptop computer so long as both computers are owned and used by you. Except
`as explicitly permitted below, the images, video clips and audio clips in the sample library are solely for viewing by you
`within the Apple Software to illustrate features of the Apple Software and may not be used by you in your own materials or
`otherwise copied. You may use the default music provided with the “Photo Edges” and “Watercolor Panels” themes in your
`own slideshows and may post such slideshows on websites that are accessible to the general public. The music tracks
`provided with any of the other slideshow themes may be used in your slideshows only for personal, non-commercial and
`non-broadcast use and may not be posted on websites that are accessible to the general public.
`C. The Apple Software may be used to reproduce materials so long as such use is limited to reproduction of non-
`copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to
`reproduce. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not
`make the Apple Software available over a network where it could be used by multiple computers at the same time. You may
`make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy
`must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly
`permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or
`create derivative works of the Apple Software or any part thereof.
`D. You understand and agree that results from the use of the Faces feature may vary. Use of some Apple Software features
`will depend on the features of your camera. You understand and agree that uploading your photos to a third party service
`requires compliance with the terms and conditions of that service. At the time that you upload to or download photos from
`any such service, the Apple Software may also synchronize the photo tags stored in Aperture with the photo tags that you
`have on that service, which may result in a loss of photo tag information in the Aperture Library. Please check your
`Aperture preferences and consult the user documentation for more information. Location data may not be available for all
`areas and is provided solely as a convenience to you. Neither Apple nor any of its content providers guarantees the
`availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.
`E. Apple has provided, as part of the Apple Software, access to certain third party software or services as a convenience.
`To the extent that the Apple Software contains, or provides access to, any third party software or services, Apple has no
`express or implied obligation to provide any technical or other support for such software or services. Please contact the
`appropriate software vendor, manufacturer or service provider directly for technical support and customer service related
`to its software, service and/or products.
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`3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time
`permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must
`include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b)
`you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage
`device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.
`All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and
`distributed as standalone applications.
`Updates: If Apple makes a Platform Update available prior to releasing a future, paid-for version of the Apple Software, you
`may obtain the platform Update free of charge until such paid for version is available. "Platform Update" means a software
`update that enables you to transfer this version of the Apple Software to an Apple-branded computer that runs on a
`different processor. Please note that if you obtain the Platform Update, or any other update to the Apple Software that
`completely replaces the previous version, you are still limited to having the software on no more than one Apple-branded
`desktop computer and one Apple-labeled laptop computer at a time.
`NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided
`to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold
`or transferred.
`Academic Copies: If the Apple Software retail package is labeled "Academic Single User", you must be an Eligible
`Educational End User to use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and
`administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12
`schools).
`4. Consent to Use of Data.
`a. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited
`to technical 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. 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.
`b. Apple may provide certain services through the Apple Software that rely upon location information. To provide these
`services, Apple and its partners may transmit, collect, maintain, process and use your location data. By using any
`location-based services in the Apple Software, you agree and consent to Apple's and its partners' transmission,
`collection, maintenance, processing and use of your location data to provide you with such services. The location
`data is collected in a form that does not personally identify you. You may withdraw this consent at any time by not using
`the location-based features.
`5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically
`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.
`6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple
`to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of
`original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase
`price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an
`Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON
`THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY
`QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
`OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
`LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY
`WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY
`DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
`OTHER RIGHTS WHICH VARY BY JURISDICTION.
`7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE AND ANY
`RELATED SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
`ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE
`MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND RELATED SERVICES ARE PROVIDED "AS IS",
`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, OF SATISFACTORY QUALITY, OF FITNESS FOR A
`PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE
`DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE OR SERVICES, THAT THE
`FUNCTIONS CONTAINED IN THE APPLE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF
`THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE
`COMPATIBLE WITH THIRD PARTY SOFTWARE OR SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE
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`CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR
`SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE
`AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE 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 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, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
`DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR
`SERVICES, 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 fifty 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 reexport the Apple Software except as authorized by United
`States law and the laws of the jurisdiction 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 these products for any purposes prohibited by United States law, including,
`without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological
`weapons.
`10. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is
`defined 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, as applied to agreements entered into and to be performed entirely within California between California
`residents. 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 for any reason a court of competent jurisdiction finds any
`provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
`12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with
`respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings
`regarding such subject matter. No amendment to or modification 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.
`13. Use of Google Maps Service. Use of the Google Maps service is subject to the following additional terms: Google Maps
`Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at http://
`maps.google.com/help/legalnotices_maps.html.
`EA0508
`Revised 9/2/09
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