BONJOUR FOR WINDOWS BUNDLING AGREEMENT (Bundling with Software and/or Hardware Products)

APPLE INC. Software Licensing Department 12545 Riata Vista Circle MS 198-3SWL Austin, TX 78727 E-Mail Address: [email protected]

Licensee (Company Name): ______(Must be the copyright owner of the Licensee Products listed in Exhibit B)

Individual to Contact: ______

Street Address: ______

City: ______State: ______

Zip/Postal Code: ______Country: ______

Telephone Number: ______

Fax Number: ______

E-Mail Address: (Required) ______

Licensee’s Site: ______(provide name and address of Licensee's page/URL on the World Wide Web, if applicable)

Agreement

Apple Inc. ("Apple") and Licensee agree that the terms and conditions of this Agreement shall govern Licensee's use and distribution of the Apple Software, as defined below.

1. Definitions

1.1 "Apple Software" means Apple's for Windows software identified in Exhibit A, and any updates thereto that may be provided by Apple to Licensee pursuant to this Agreement.

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1.2 "Effective Date" means the date on which Apple executes this Agreement as set forth on the signature page.

1.3 "End-User" means an individual or entity that licenses or acquires Licensee Products for his or its own personal or business purposes, and not for license or resale to others.

1.4 "Licensee Product(s)" means: (a) the computer hardware systems, hardware products or devices that are identified in Exhibit B to this Agreement and are sold under Licensee’s trademark; and/or (b) the version(s) of software or multimedia products developed by or for Licensee that are identified in Exhibit B to this Agreement and are sold under Licensee's trademark. Licensee Product(s) in this context shall include any minor updates or minor upgrades to such of Licensee's software or multimedia products that are denoted by a change in version number to the right of the decimal point, but will not include any major update or major upgrade or any upgrade or update that is denoted by a change in version number to the left of the decimal point.

2. License

2.1 Subject to Licensee's compliance with all of the terms and conditions of this Agreement, Apple hereby grants Licensee a non-exclusive, non-transferable, worldwide license: (i) to reproduce, and/or have reproduced for Licensee, the Apple Software for the sole purpose of including the Apple Software with Licensee Product(s), and (ii) to distribute the Apple Software to End-Users, directly or through distributors, in object code form only and only as integrated into or included with Licensee Product(s). This license grant is expressly conditioned upon Licensee's compliance with all of the following requirements:

(a) Licensee may not distribute the Apple Software on a standalone basis (i.e., separate from Licensee Product).

(b) Licensee may not modify or alter the Apple Software, or the Apple End- User Agreement that accompanies the Apple Software. The Apple Software must be installed as part of the default installation of the Licensee Product without any additional action or selection required by the End-User. For 64-bit implementations, this must include all files included in the Apple Software. For 32-bit implementations, this must include all files included in the Apple Software except for the dnssd64.dll file.

(c) All distributions of the Apple Software must be accompanied by and subject to the terms of the Apple End-User Software License Agreement that accompanies the Apple Software ("Apple EULA"), a current copy of

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which is attached hereto as Exhibit D for reference purposes, in such a manner that End-Users must be required to click on an acceptance button or otherwise manifest their assent to the terms of such Apple EULA before they may access or use the Apple Software. If the Apple Software is embedded in and distributed as part of Licensee Product, Licensee may comply with this Section 2.1(c) by displaying the Apple EULA alongside or at the same time as Licensee presents its own Licensee Product end- user agreement for acceptance by End-Users, as long as such End-Users are required to click on an acceptance button or otherwise manifest their acceptance of such license terms (including the terms of the Apple EULA) before accessing or using the Apple Software.

(d) If Licensee Product is distributed by electronic means, the Apple Software must be integrated into or otherwise bundled with the Licensee Product such that the Apple Software cannot be downloaded separately from the Licensee Product (for example, the Licensee Product and the Apple Software should be combined into a single .exe file).

(e) Licensee may not make or permit any third party to make any representation or warranty relating to the Apple Software that is not expressly made by Apple in writing.

(f) Licensee agrees not to modify, reverse engineer, reverse compile, or otherwise disassemble the Apple Software. Licensee may not use, reproduce, sublicense, display, distribute or dispose of the Apple Software, in whole or in part, other than as expressly permitted under this Agreement.

(g) At its option, Apple may authorize Licensee by notice to distribute a newer version of the Apple Software pursuant to the terms of this Agreement. Apple reserves the right to license any new version of the Apple Software separately and subject to different terms and conditions. In the event that Apple makes a newer version available pursuant to the terms of this Agreement, upon written request from Apple, Licensee agrees that as soon as commercially practicable, but in no event more than one hundred and eighty (180) days after receipt of such request, Licensee will stop distributing the older version.

(h) License will ensure that all products with which the Apple Software is distributed are compatible with the Apple Software.

3. Ownership of Apple Software; No Implied Licenses.

Licensee acknowledges that the Apple Software is proprietary to Apple and that Apple retains all right, title, and interest in the Apple Software, including without limitation all copyrights, patents, trademarks and other proprietary rights.

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Licensee agrees not to remove any copyright notices or proprietary legends within the Apple Software and to reproduce all such notices and legends on all copies of the Apple Software made pursuant to this Agreement. Except as expressly stated in this Agreement, no other rights or licenses, express or implied, are granted by Apple to Licensee by way of this Agreement.

4. Trademarks.

4.1 During the term of this Agreement, Apple grants Licensee a limited, non- exclusive, non-transferable, royalty-free, worldwide license to use Apple’s “Bonjour” graphic design ("Logo") on and in connection with the sale, promotion and advertising of Licensee Product (s) containing the Apple Software, subject to the Logo License Terms & Conditions attached hereto as Exhibit C. All such Logo License Terms are hereby incorporated by reference and expressly made a part of this Agreement.

4.2 Licensee agrees it will use the Bonjour Logo: (i) on Licensee Product(s) manuals, (ii) on physical software media (e.g., printed on the CD or DVD face), and in a visible position on both (iii) the outside of the media packaging (e.g., outside of jewel case or sleeve) and (iv) the outside of the overall packaging (e.g., hardware package exterior or software shelf box) of Licensee Product(s), using the Logo artwork provided by Apple and in accordance with the Logo usage guidelines provided by Apple.

5. Provision of Samples and Distribution Reports.

5.1 Samples. Licensee agrees to provide Apple with two (2) samples of each Licensee Product with which the Apple Software is distributed within four (4) weeks of initial distribution in the full packaging as received by the End-User, for the purpose of monitoring Licensee's compliance with the terms of this Agreement, Logo usage and regression testing for compatibility. Licensee will send the samples to: Apple Inc., Software Licensing Department, 12545 Riata Vista Circle, MS 198-3SWL, Austin, TX 78727, U.S.A. Licensee authorizes Apple to use the samples provided to Apple to publicly demonstrate and promote the capabilities of the Apple Software and Licensee Product(s). This authorization does not include the right to make additional copies of Licensee Product(s). Apple may list Licensee’s company name, Licensee Product(s), end user technical support telephone number and web address, as provided by Licensee above, in an index of licensed products, on Apple's website and in marketing materials.

5.2 Distribution Reports. During the term of this Agreement, Licensee agrees to provide to Apple a quarterly report (the “Distribution Report”) stating the number of copies of each Licensee Product in which the Apple Software was included that were distributed during the previous quarter. Licensee shall submit the Distribution Report electronically to [email protected] within thirty (30) days of the close of each calendar quarter, and Licensee shall maintain such

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records for one (1) year after the last copy of the Apple Software has been distributed.

6. Customer Support.

Licensee shall not be responsible for end user support for the Apple Software. Apple shall provide support solely to the extent provided by Apple’s then-current support policies.

7. Term and Termination.

7.1 This Agreement begins on the Effective Date and will continue until terminated pursuant to this Section 7.

7.2 Except for situations covered by Section 7.4, Apple may immediately terminate this Agreement if Licensee fails to cure its breach of this Agreement within thirty (30) days of notice by Apple. This Agreement will automatically terminate if Licensee becomes insolvent, has a receiver appointed, or if Licensee makes an assignment for the benefit of creditors, or becomes the subject of any proceeding under any bankruptcy, insolvency, or debtor’s relief law.

7.3 Either party may terminate this Agreement upon thirty (30) days' notice, with or without cause.

7.4 Apple may terminate this Agreement immediately upon notice in the event that a third party files a lawsuit or other legal proceeding arising in whole or in part out of Licensee's distribution of the Apple Software or in the event that Licensee breaches Sections 2.1(a), (b), (c), (d) or (h).

7.5 In addition, the Logo license granted to Licensee in Section 4 of this Agreement shall automatically terminate upon: (a) Licensee’s breach of any of the terms of Section 4 or Exhibit C; or (b) any action taken by Licensee that is inconsistent with Apple’s sole legal and beneficial ownership of any of Apple’s trademarks. Upon termination of the Logo license due to such breach or action by Licensee, Licensee must immediately cease use of the Logo. Apple may, in its sole discretion, terminate the Logo license in the event of threat or lawsuit in connection with the Logo, in which case Licensee must use commercially reasonable efforts to cease use of the Logo as soon as possible but no later than three (3) months after notification by Apple. Apple also may in its sole discretion terminate the Logo license or replace the Logo at will upon six (6) month’s notice.

7.6 Upon expiration or termination, Licensee may continue to distribute its then- current inventory of Apple Software provided such distribution is in compliance with the terms of this Agreement; except that: (a) if Apple terminates this Agreement for breach or terminates pursuant to Section 7.4, Licensee shall

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immediately cease distributing the Apple Software; and/or (b) if the Logo license is terminated, the effects of termination shall be as set forth in Section 7.5 above. Sections 1, 2.1(e), 2.1(f), 3, 7.5, 7.6, 7.7, 7.8, 8, 9, 10, 11, and 12 of this Agreement and Paragraph 3 through 5 (inclusive) of Exhibit C hereto will survive any expiration or termination of this Agreement.

7.7 The rights of the parties under this clause are in addition to any other rights and remedies provided by law or under this Agreement.

7.8 APPLE SHALL NOT BE LIABLE FOR DAMAGES OR COSTS OF ANY NATURE ARISING FROM THE EXPIRATION OR TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.

8. Disclaimer of Warranties and Limitation of Liabilities.

8.1 THE APPLE SOFTWARE AND THE LOGO ARE PROVIDED AND LICENSED TO LICENSEE ON AN "AS IS" BASIS. APPLE HEREBY DISCLAIMS AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE APPLE SOFTWARE OR THE LOGO LICENSED HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

8.2 IN NO EVENT SHALL APPLE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THIS AGREEMENT, THE APPLE SOFTWARE OR ANY APPLE LOGOS LICENSED HEREUNDER, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF APPLE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE ACKNOWLEDGES THAT THIS ALLOCATION OF RISKS IS A PART OF THE BARGAIN OF THIS AGREEMENT. Apple's total liability under this Agreement, however arising, shall not exceed five hundred dollars.

9. Indemnification

9.1 Apple has no obligation to indemnify, defend or hold Licensee harmless from and against any claim that the Apple Software and/or logos licensed hereunder infringe any third party patent, copyright, trademark or other intellectual property right. Licensee will promptly notify Apple of any such claim.

9.2 Licensee will indemnify, defend and hold Apple harmless from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable fees of attorneys and other professionals) arising out of or in connection with: (a) Licensee’s use of the Logo except as permitted by this Agreement; (b) any personal injury, product liability or other claim arising from the manufacture,

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promotion, distribution, sale and/or offer for sale, and/or the performance of Licensee’s Product; and/or (c) Licensee's and its distributors' distribution of the Apple Software, unless the claim arises solely out of the Apple Software as originally provided by Apple to Licensee. The foregoing exception will not apply to a claim arising out of the combination of the Apple Software with any other software or hardware. Apple will promptly notify Licensee of any such claim and will provide reasonable cooperation and assistance in connection with such claims.

10. Export

Licensee may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the 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 Software, Licensee represents and warrants that Licensee is not located in any such country or on any such list. Licensee also agrees that Licensee will not use the Software 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.

11. Notices

Any notice required under this Agreement will be deemed given: (a) when delivered personally; (b) by facsimile; (c) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; (d) via electronic mail; or (e) as otherwise expressly provided in this Agreement. All communications will be sent to the parties’ physical or electronic addresses noted on the first page of this Agreement. Licensee shall inform Apple in writing of any change in Licensee's physical or electronic address.

12. General.

12.1 Publicity. Licensee agrees that it will not make any press releases or public announcements referring to this Agreement without Apple's prior consent.

12.2 No Waiver. Neither party’s failure or delay in exercising any of its rights will constitute a waiver of such rights unless expressly waived in writing.

12.3 Relationship of the Parties. Neither party may represent or bind the other party in any way and nothing stated in this Agreement will be construed as creating the relationships of joint venturers, partners, employer and employee, franchisor and franchisee, master and servant, or principal and agent.

12.4 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, and controlling U.S. federal SWL270-040309 7

law, (with respect to the Bonjour logo license) as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation or other dispute resolution between the parties relating to this Agreement will take place in the Northern District of California. The parties consent to the personal jurisdiction of, and venue in, the state and federal courts within that District.

12.5 Assignment. This Agreement will be binding on the assigns, heirs and successors (whether through merger or otherwise) of the parties, except that it may not be assigned by Licensee by any means, including without limitation, by operation of law or merger. Any attempted assignment of this Agreement in violation of this section will be void.

12.6 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this Agreement will continue in full force and effect.

12.7 Complete Understanding. This Agreement, including all Exhibits attached, constitutes the entire Agreement between the parties concerning the use of the Logo and use and distribution of the Apple Software. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.

LICENSEE: APPLE:

By: ______By: ______(signature) (signature)

Printed Name: ______Printed Name: ______

Title: ______Title: __Administrator______

Date: ______Date: ______(“Effective Date”)

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EXHIBIT A Apple Software

Files: About Bonjour.rtf dns-sd.exe dnssd.dll dnssd64.dll mdnsNSP.dll mDNSResponder.exe PrinterWizard.exe ExplorerPlugin.Resources (a folder that contains localized resources) PrinterWizard.Resources (a folder that contains localized resources)

Including localized resource files in the following languages: English French German Japanese Dutch Italian Spanish Brazilian/Portuguese Swedish Simplified Chinese Traditional Chinese Korean Danish Finnish Norwegian

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EXHIBIT B Licensee Product(s)

THIS EXHIBIT MUST BE COMPLETED BY LICENSEE

Please provide the following information separately for each Licensee Product to be covered by this Agreement (attach additional copies of this page if necessary) prior to submission to Apple for signature. In the future, you may request that Licensee Products be added to this license using the "Supplement to Exhibit A" form (in this case to supplement this Exhibit B) available at: http://developer.apple.com/softwarelicensing/agreements/pdf/sdasupplement.pdf

1. Identify all the product(s) with which the Apple Software will be bundled or distributed:

Licensee Product: Description: Title: Version Number

2. Internal Firmware of License Product, if any (e.g. embedded ):

3. Anticipated Release Date of your product (estimate if necessary):

4. Licensee Contact for the Licensee Product (include name, phone, fax, email address and Site URL):

5. Please check the category that best describes Licensee Product (your product):

__ Printer __ Scanner __ Camera __ Other Consumer Electronics Device __ Other Hardware

__Music-Related or Content-Related Software __Networking Software __Game/Entertainment Software __Database Software __Education Software - PreK __Education Software - K12

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__Education Software - Higher Education __Education Software - Adult Education __Education Software - Medical /Veterinarian __Content Creation Tool Software (includes: Digital Imaging; Editing, Authoring, and Desktop Publishing) __Developer Tools Software __Other

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EXHIBIT C Additional Bonjour Logo License Terms and Conditions (incorporated herein by reference)

1. The Bonjour Logo license granted pursuant to Section 4 of this Agreement is subject to Licensee's compliance with all of the following:

a. The terms of this Agreement and Exhibit; b. Guidelines for Using Apple Trademarks and Copyrights, found at: http://www.apple.com/legal/guidelinesfor3rdparties.html; and c. The Bonjour Logo Usage Guidelines, found at http://developer.apple.com/softwarelicensing/agreements/pdf/bonjour_guideline_030905.pdf.

2. The Licensee Product and any new version of the Licensee Product must have Bonjour on by default.

3. Nothing in this Agreement shall give Licensee any right, title or interest in or to the Logo. Licensee agrees and acknowledges that this license does not grant any rights with respect to any other Apple trademarks, including the Bonjour word mark. Licensee acknowledges and agrees that Apple is the exclusive owner of all rights, title, and interest in and to the Logo and the Bonjour word mark, and all associated goodwill therein. Licensee’s use of the Logo shall inure exclusively to the benefit of Apple. Licensee shall not act in any manner that would or might conflict with or compromise Apple's ownership of the Logo, or similarly affect the value or the goodwill pertaining to the Logo, such as applying to register any identical or similar trademark anywhere in the world.

4. If Apple determines in its reasonable discretion that Licensee Product does not meet the requirements of this Logo license, then Licensee immediately shall cease using the Logo in connection with the Licensee Product until the Licensee Product is brought into compliance with the requirements of this Logo license. Upon Apple's request, Licensee also agrees to provide Apple with a photo or screenshot of the Licensee Product showing Licensee’s use of the Logo in connection with the Licensee Product.

5. Apple reserves all rights to control, commence or not commence, prosecute or defend any action or claim concerning the Logo.

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EXHIBIT D

Apple EULA – Sample Version (Licensee shall use the most current version of the Apple EULA included with the Apple Software; this version is included only for reference)

English

APPLE INC. SOFTWARE LICENSE AGREEMENT FOR BONJOUR FOR WINDO WS

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 HARD WARE, YOU MUST RETURN THE ENTIRE HARD WARE/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 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, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. 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. This License allows you to install a reasonable number of copies of the Apple Software on computers that are owned or controlled by you for use internally by your employees whose job duties require the use of the Apple Software or for use on your personal home computer(s). No other use and no external redistribution of the Apple Software is permitted. 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. THE SWL270-040309 13

APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

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 and may not be separated from the bundle and distributed as standalone applications.

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 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. 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.

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 (if applicable). 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

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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 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 IS 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, 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, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. 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, 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.

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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.

EA0345 6/21/07

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