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
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action
for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement
against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction,
modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have
been properly granted prior to termination shall survive any termination of this License. Provisions which, by their
nature, should remain in effect beyond the termination of this License shall survive, including but not limited to
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of
any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will
be without prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software
and technical data rights in the Covered Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software is provided in accordance with FAR
12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR
252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or
Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only
those rights set forth herein.
SC-F6000 Series User’s Guide
Software License Terms
79
