SOFTWARE LICENSE AGREEMENT FOR SAFARI FOR WINDOWS
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".
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 any third party software, 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. Apple and/or its
licensors retain ownership of the Apple Software itself and reserves all rights not expressly granted to you. 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
grant you any rights to use such content.
2. Permitted License Uses and Restrictions.
A. Subject to the terms and conditions of this License you are granted a limited non-exclusive license to install and use one copy of the Apple Software on each computer
owned or controlled by you. 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.
In addition to the restrictions stated above, the Apple proprietary libraries ("Apple DLLs") included with the Apple Software are only licensed: (i) for use with the Apple
Software; and (ii) for your personal use or internal business use in connection with your development of WebKit <http://webkit.org/>. You may not use the Apple DLLs for
any other purpose, nor may you link, compile or otherwise combine the Apple DLLs with your own programs, modify, rent, release, lend, sublicense or otherwise redistribute
the Apple DLLs, in whole or in part.
B. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its
Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced
Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single computer; and (ii) you otherwise comply
with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates,
maintenance, warranty, technical or other support, or services for the resultant modified Apple Software.
You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or
damage is excluded from the terms of the Apple hardware warranty.
C. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to
derive the source code of, decrypt, modify, create derivative works of the Apple Software, or any part thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Apple Software). Any
attempt to do so is a violation of the rights of Apple and its licensors of the Apple Software.
3. Transfer. You may not rent, lease, lend, sell, redistribute 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 an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple
Software at the same time nor may you transfer them separately.
NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional or not-
for-resale basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, 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) Diagnostic and Usage Data. You agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related
information, including but not limited to 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, and to verify compliance with the terms of this License. Apple
may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services or technologies
(b) Location Data. Apple and its partners, licensees, third party developers and websites may provide certain services through the Apple Software that rely upon location
information. To provide and improve these services, where available, Apple and its partners, licensees, third party developers and websites may transmit, collect, maintain,
process and use your location data, including the real-time geographic location of the device or computer on which the Apple Software is used. The location data collected
by Apple is collected in a form that does not personally identify you and may be used by Apple and its partners, licensees, third party developers and websites to provide
and improve location-based products and services. By using the geolocation feature of the Apple Software, you agree and consent to Apple’s and its partners’,
licensees’, third party developers’ and websites’ transmission, collection, maintenance, processing and use of your location data to provide and improve such
products and services. You may withdraw this consent at any time by disabling the Location Services setting in the Apple Software. The Location Services setting is found
in the Security pane within the Apple Software’s Preferences menu. Not using these features will not impact the non location-based functionality of the Apple Software. If a
website is not an Apple website, Apple has no control over that website, its privacy practices or its use of your location data. When accessing third party websites that use or
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective 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. Sections 6, 7, 8, 11 and 12 of this License survive any such termination.
6. Services and Third Party Materials.
(a) The Apple Software automatically references, displays, and links to, third party web sites and information located worldwide throughout the Internet, and the Apple
Software also performs or provides access to Apple and third party web services as well as third party extensions (collectively and individually, “Services”). Use of the
Services requires Internet access and use of certain Services may require you to accept additional terms.
(b) You understand that by using the Apple Software or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which
content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally
generate links or references to objectionable material. Nevertheless, you agree to use the Apple Software and Services at your sole risk and that Apple shall have no liability
to you for content that may be found to be offensive, indecent, or objectionable.
(c) By using the Apple Software and Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third party materials, extensions or web sites. Apple, its officers, affiliates and
subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, third party
materials, extensions or web sites, or for any other materials, products, or services of third parties. Third party materials and extensions and links to third party web sites are
provided solely as a convenience to you.
(d) Financial information displayed by the Apple Software or any Services is for general informational purposes only and should not be relied upon as investment advice.
Before executing any securities transaction based upon information obtained through the Apple Software or Services, you should consult with a financial professional.
Location data provided by the Apple Software or any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise
location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental
damage. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any
other data displayed by the Apple Software or any Services.
(e) You agree that the Services contain proprietary content, information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for
permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by
trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate
the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or
illegal messages or transmissions that you may receive as a result of using any of the Services.
(f) Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the
removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your
country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you
should contact a local consumer advice organization
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND ANY APPLE OR THIRD PARTY SERVICES PERFORMED OR
PROVIDED BY THE APPLE SOFTWARE (COLLECTIVELY "SERVICES") ARE PROVIDED “AS IS” AND “AS 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, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF 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 OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE
SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR OTHER THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE
SOFTWARE OR SERVICES WILL BE CORRECTED.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS 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 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, 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, 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, chemical or biological weapons.
10. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 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 conflict 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 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 you and Apple relating to the Apple Software 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, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Acknowledgements and Terms.
A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for
such material are contained in the “online” electronic documentation for the Apple Software or may otherwise accompany such material, and your use of such material is
governed by their respective terms.
B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU Library/Lesser
General Public License (LGPL) Version 2 or 2.1. You may obtain a complete machine-readable copy of the source code for such LGPL software under the terms of the
LGPL, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The LGPL software is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the LGPL is included
with the Apple Software.
14. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries: Argentina, Aruba, Australia/
New Zealand, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican
Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan,
Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico,
Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey,
UK, Uruguay, US and Venezuela.