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,
CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT
OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT
OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE
APPLE SOFTWARE AND SERVICES, OR ANY THIRD PARTY
SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH 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 fty 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 re-export the Apple
Software except as authorized by United States law and the
laws of the jurisdiction(s) 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 the
Apple Software for any purposes prohibited by United States
law, including, without limitation, the development, design,
manufacture or production of missiles, nuclear, chemical or
biological weapons.
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
