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 Services at
your sole risk and that Apple shall have no liability to you
for content that may be found to be oensive, indecent, or
objectionable.
(d) Certain Services may display, include or make available
content, data, information, applications or materials from third
parties (“Third Party Materials”) or provide links to certain
third party web sites. By using the 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 such Third Party Materials or web sites.
Apple, its ocers, aliates 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 or web sites, or for any other
materials, products, or services of third parties. Third Party
Materials and links to other web sites are provided solely as a
convenience to you.
(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 or in any manner that is inconsistent with
the terms of this License or that infringes any intellectual
property rights of a third party or Apple. 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, using the Services to
transmit any computer viruses, worms, trojan horses or other
malware, or 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, oensive, infringing or illegal
messages or transmissions that you may receive as a result of
using any of the Services.
(f) In addition, Services and Third Party Materials that may be
accessed, linked to or displayed through the Apple Software
are not available in all languages or in all countries. Apple
makes no representation that such Services and Materials are
appropriate or available for use in any particular location. To
the extent you choose to access such Services or Materials,
you do so at your own initiative and are responsible for
compliance with any applicable laws, including but not
limited to applicable local laws. 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.
6. Termination
This License is eective until terminated. Your rights under
this License will terminate automatically or otherwise cease
to be eective 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.
Sections 5, 6, 7, 8, 11 and 12 of this License shall survive any
such termination.
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 nd out more about rights, you should contact a local
consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE
APPLE SOFTWARE AND SERVICES 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 SERVICES PERFORMED
BY THE APPLE SOFTWARE ARE PROVIDED “AS IS” AND “AS