The image is a word cloud (created using wordle.net) of the iOS terms and conditions for iOS 6.
I think it's at least as useful, and certainly easier to read, than the original 5,955-word version (below).
ENGLISH
IMPORTANT: BY USING YOUR iPHONE, iPAD or iPOD TOUCH (“iOS
DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
A. APPLE iOS SOFTWARE LICENSE AGREEMENT
B. NOTICES FROM APPLE
APPLE INC.
iOS SOFTWARE LICENSE AGREEMENT
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("LICENSE") CAREFULLY BEFORE USING YOUR iOS DEVICE OR DOWNLOADING THE
SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR iOS DEVICE OR
DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, 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 iOS DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.
IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT
AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE
RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED
IT FOR A REFUND, SUBJECT TO APPLE'S RETURN POLICY FOUND AT http://www.apple.com/legal/ sales_policies/.
1. General.
(a) The software (including Boot ROM code and other embedded
software), documentation, interfaces, content, fonts and any data that came
with your iOS Device ("Original iOS Software"), as may be updated or
replaced by feature enhancements, software updates or system restore software
provided by Apple ("iOS Software Updates"), whether in read only
memory, on any other media or in any other form (the Original iOS Software and
iOS Software Updates are collectively referred to as the “iOS Software")
are licensed, not sold, to you by Apple Inc. ("Apple") for use only
under the terms of this License. Apple and its licensors retain ownership of
the iOS Software itself and reserve all rights not expressly granted to you.
(b) Apple, at its discretion, may make available future iOS
Software Updates for your iOS Device. The iOS Software Updates, if any,
may not necessarily include all existing software features or new features
that Apple releases for newer or other models of iOS Devices. The terms
of this License will govern any iOS Software Updates provided by Apple
that replace and/or supplement the Original iOS Software product,
unless such iOS Software Update is accompanied by a separate license in
which case the terms of that license will govern.
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 use the iOS Software on a single
Apple-branded iOS Device. Except as permitted in Section 2(b) below, and unless
as provided in a separate agreement between you and Apple, this License does
not allow the iOS Software to exist on more than one Apple-branded iOS Device
at a time, and you may not distribute or make the iOS Software available over a
network where it could be used by multiple devices at the same time. This
License does not grant you any rights to use Apple proprietary interfaces and
other intellectual property in the design, development, manufacture, licensing
or distribution of third party devices and accessories, or third party software
applications, for use with iOS Devices. Some of those rights are available
under separate licenses from Apple. For more information on developing third
party devices and accessories for iOS Devices, please email madeforipod@apple.com.
For more information on developing software applications for iOS Devices,
please email devprograms@apple.com.
(b) Subject to the terms and conditions of this License, you are
granted a limited non-exclusive license to download iOS Software Updates that
may be made available by Apple for your model of the iOS Device to update or
restore the software on any such iOS Device that you own or control. This
License does not allow you to update or restore any iOS Device that you do not
control or own, and you may not distribute or make the iOS Software Updates
available over a network where they could be used by multiple devices or
multiple computers at the same time. If you download an iOS Software Update to
your computer, you may make one copy of the iOS Software Updates stored on your
computer 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.
(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,
or create derivative works of the iOS Software or any services provided by the
iOS Software, or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law or by licensing terms
governing use of open-source components that may be included with the iOS
Software).
(d) By storing content on your iOS Device you are making a
digital copy. In some jurisdictions, it is unlawful to make digital copies
without prior permission from the rights holder. The iOS 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.
(e) You agree to use the iOS Software and the Services (as
defined in Section 5 below) in compliance with all applicable laws, including
local laws of the country or region in which you reside or in which you
download or use the iOS Software and Services.
(f) Use of and access to certain features of the iOS Software
and certain Services (as defined in Section 5) may require you to apply for a
unique user name and password combination, known as an Apple ID. In addition,
you acknowledge that many features and Services of the iOS Software transmit
data and could impact charges to your data plan, and that you are responsible
for any such charges. For more information, please consult the User Guide for
your iOS Device.
3. Transfer. You may not rent, lease, lend, sell,
redistribute, or sublicense the iOS Software. You may, however, make a one-time
permanent transfer of all of your license rights to the iOS Software to another
party in connection with the transfer of ownership of your iOS Device, provided
that: (a) the transfer must include your iOS Device and all of the iOS
Software, including all its component parts, original media, printed materials
and this License; (b) you do not retain any copies of the iOS Software, full or
partial, including copies stored on a computer or other storage device; and (c)
the party receiving the iOS Software reads and agrees to accept the terms and
conditions of this License.
4. Consent to Use of Data.
(a) Diagnostic and Usage Data. If you
opt in to diagnostic and usage collection, 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 iOS Device, 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 iOS Software, and to verify compliance with the terms of this License.
Apple may use this information, as long as it is collected in a form that does
not personally identify you, to provide and improve Apple’s products and
services. If you have opted in and have Location Services turned on, the
location of your device may also be sent to help Apple analyze wireless or
cellular performance issues (e.g. the strength or weakness of a cellular signal
in a particular location). To enable Apple’s partners and third party
developers to improve their software, hardware and services designed for use with
Apple products, Apple may also provide any such partner or third party
developer with a subset of diagnostic information that is relevant to that
partner’s or developer’s software, hardware and/or services, as long as the
diagnostic information is in a form that does not personally identify
you.
(b) Location Data. Apple and its partners, licensees
and third party developers may provide certain services through your iOS Device
that rely upon location information. To provide and improve these services, where
available, Apple and its partners, licensees and third party developers may
transmit, collect, maintain, process and use your location data, including the
real-time geographic location of your iOS Device, road travel speed
information, and location search queries. The location data and queries
collected by Apple are collected in a form that does not personally identify
you and may be used by Apple and its partners, licensees and third party
developers to provide and improve location-based products and services. By
using any location-based services on your iOS Device, you agree and consent to
Apple's and its partners', licensees' and third party developers’ transmission,
collection, maintenance, processing and use of your location data and queries
to provide and improve such products and services. You may withdraw
this consent at any time by going to the Location Services setting on your iOS
Device and either turning off the global Location Services setting or turning
off the individual location settings of each location-aware item on your iOS
Device. Disabling these location features will only impact the location-based
functionality of your iOS Device. It will not affect iOS Device features
unrelated to location services. When using third party applications or services
on the iOS Device that use or provide location data, you are subject to and
should review such third party's terms and privacy policy on use of location
data by such third party applications or services.
(c) Siri and Dictation. The Siri and Dictation
features of the iOS Software may not be available in all languages or regions
and features may vary by region. If your iOS Device supports Siri and
Dictation, these features may allow you to make requests, give commands and
dictate text to your device using your voice. When you use Siri or Dictation,
the things you say will be recorded and sent to Apple in order to convert what
you say into text and to process your requests. Your device will also send
Apple other information, such as your first name and nickname; the names,
nicknames, and relationship with you (e.g., “my dad”) of your address book
contacts; and song names in your collection (collectively, your “User Data”).
All of this data is used to help Siri and Dictation understand you better and
recognize what you say. It is not linked to other data that Apple may have from
your use of other Apple services. By using Siri or Dictation, you agree
and consent to Apple’s and its subsidiaries’ and agents’ transmission,
collection, maintenance, processing, and use of this information, including
your voice input and User Data, to provide and improve Siri, Dictation, and
dictation functionality in other Apple products and services.
If you have Location Services turned on, the location of your
iOS Device at the time you make a request to Siri may also be sent to Apple to
help Siri improve the accuracy of its response to your location-based
requests. You may disable the location-based functionality of Siri
by going to the Location Services setting on your iOS Device and turning off
the individual location setting for Siri.
Siri can allow you to interact with your iOS Device without
needing to unlock it. If you have enabled a passcode on your iOS Device and
would like to prevent Siri from being used from the lock screen, you can tap
Settings, tap General, tap Passcode Lock and turn the Siri option to “off”.
You can also turn off Siri and Dictation altogether at any time.
To do so, open Settings, tap General, tap Siri, and slide the Siri switch to “off”.
(d) FaceTime. The FaceTime video calling feature of
the iOS Software (“FaceTime”) requires a Wi-Fi or cellular data connection and
may not be available in all regions and may be restricted or unavailable from
your service provider. Your use of FaceTime is subject to your
compliance with Section 2(e) above. In order to set up FaceTime, and to
initiate and receive FaceTime calls between you and other FaceTime users,
certain unique identifiers for your iOS Device and account are needed. These
unique identifiers may include your email address(es), the Apple ID information
you provide, a hardware identifier for your iOS Device, and your iPhone’s
telephone number. By using the iOS Software, you agree that Apple
may transmit, collect, maintain, process and use these identifiers for the
purpose of providing and improving the FaceTime feature. You
understand that your iPhone’s telephone number will be displayed to the other
party on the video call (even if you have a blocked number) or your email
address will be shown, depending on what setting you choose. You may turn off
the FaceTime feature by going to the FaceTime setting on your iOS Device or by
going to the Restrictions setting and enabling the FaceTime
restriction. You may also restrict FaceTime to Wi-Fi only, by going
to the FaceTime setting on your iOS Device and sliding the “Use Cellular Data”
switch to “Off”.
(e) iMessage. The messaging feature of the iOS
Software (“iMessage”) may not be available in all countries or
regions. Your use of iMessage is subject to your compliance with
Section 2(e) above. In order to set up iMessage, and to initiate and receive
iMessages between you and other iOS Device users, certain unique identifiers
for your iOS Device and account are needed. These unique identifiers may
include your email address(es), the Apple ID information you provide, a
hardware identifier for your iOS Device, and your iPhone’s telephone
number. By using the iOS Software, you agree that Apple may
transmit, collect, maintain, process and use these identifiers for the purpose
of providing and improving the iMessage service. The iMessage service
requires a Wi-Fi or cellular data connection. To facilitate delivery of your
iMessages and to enable you to maintain conversations across your devices,
Apple may hold your iMessages in encrypted form for a limited period of time.
If your message cannot be sent as an iMessage, your message may be sent as an
SMS or MMS message, for which carrier messaging rates may apply. You understand
that your iPhone’s telephone number will be displayed to the other party (even
if you have a blocked number) or your email address will be shown, depending on
what setting you choose. You may turn off the iMessage service by going to the
Messages setting on your iOS Device.
(f) Photo Stream. By using the Photo Stream
feature of iCloud, you agree that Apple may store photos taken on your iOS
Device or uploaded from your computer for a limited period of time and
automatically send the photos to your other Apple iOS Devices or computers that
have Photo Stream enabled. Please note that a limited number of photos
may be stored in the cloud or on your devices at any one time, and older photos
will be automatically deleted from Photo Stream over time. Any photos you want
to keep on a particular device permanently must be saved to the camera roll or
the photo library on your computer. Photo resolution may vary depending on the
device to which the photos are downloaded. If you do not wish to use
Photo Stream, you can turn Photo Stream off on all of your iOS Devices or
computers that have Photo Stream enabled. All use of the Photo Stream feature
is subject to the terms and conditions of this agreement and the iCloud Terms
and Conditions located at: http://www.apple.com/ legal/icloud/ww/.
(g) Shared Photo Streams. By using the
Shared Photo Streams feature of iCloud, you agree that Apple may store the
photos you share continuously until you delete them, send those photos to
your other Apple iOS devices and computers that have Shared Photo Streams
enabled, and send them to the iOS devices and computers of the people you
choose to share them with. When you use Shared Photo Streams, you are
allowing your recipients to view, save, copy, and share your photos, as well as
leave comments. You can delete individual photos, comments, or entire
shared photo streams at any time to stop sharing them immediately, however,
photos that the viewer has previously saved to their device or computer will not
be deleted. All use of the Shared Photo Streams feature is subject to the
terms and conditions of this agreement and the iCloud Terms and Conditions
located at: http://www.apple.com/ legal/icloud/ww/.
(h) Maps. The maps service and features of the
iOS Software (“Maps”) may not be available in all languages or regions, and
features and map data coverage may vary by region. Use of the Maps
service requires a Wi-Fi or cellular data connection. When you use any location-based
features within Maps, such as turn-by-turn navigation, traffic and local
search, various location-related and usage information may be sent to Apple,
including the real-time geographic location of your iOS Device, in order to
process your request and help improve Maps. Such location and usage data is
collected by Apple in a form that does not personally identify you. By
using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’
transmission, collection, maintenance, processing, and use of this information,
to provide and improve the Maps features and service, and other Apple products
and services.
If you have Location Services turned on, the location of your
iOS Device at the time you make a request to Maps may also be sent to Apple if
required to process the request, such as turn-by-turn navigation. You may
disable the location-based functionality of Maps by going to the Location
Services setting on your iOS Device and turning off the individual location
setting for Maps. Certain Maps features will however be unavailable if you
disable the Location Services setting, such as turn-by-turn navigation.
(i) Interest-Based Advertising. Apple may provide
mobile, interest-based advertising to you. If you do not want to receive relevant
ads on your iOS Device, you can opt out by going to this link on your iOS
Device: http://oo.apple.com.
If you opt out, you will continue to receive the same number of mobile ads, but
they may be less relevant because they will not be based on your interests. You
may still see ads related to the content on a web page or in an application or
based on other non-personal information. This opt-out applies only to Apple
advertising services and does not affect interest-based advertising from other
advertising networks.
(j) Privacy Policy. At all times your information
will be treated in accordance with Apple’s Privacy Policy, which is
incorporated by reference into this License and can be viewed at: http://www.apple.com/ privacy/.
5. Services and Third Party Materials.
(a) The iOS Software may enable access to Apple's iTunes Store,
App Store, Game Center, iCloud, Maps and other Apple and third party services
and web sites (collectively and individually, "Services"). Such
Services may not be available in all languages or in all countries. Use of
these Services requires Internet access and use of certain Services may require
an Apple ID, may require you to accept additional terms and may be subject to
additional fees. By using this software in connection with an Apple ID, or
other Apple Service, you agree to the applicable terms of service for that
Service, such as the latest iTunes Store Terms and Conditions or Game Center
Terms and Conditions, which you may access and review at http://www.apple.com/ legal/itunes/ww/,
or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/ icloud/ww/,
respectively.
(b) If you sign up for iCloud, certain iCloud features like
“Back Up” and “Find My iPhone” may be accessed directly from the iOS
Software. You acknowledge and agree that your use of iCloud and
these features is subject to the latest terms and conditions of the iCloud
service, which you may access and review at: http://www.apple.com/ legal/icloud/ww/.
(c) You understand that by using 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 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.
(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 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 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) 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 any
Services. Financial information displayed by 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 Services, you should consult with a financial or
securities professional who is legally qualified to give financial or
securities advice in your country or region. Location data provided by any
Services, including the Apple Maps service, is provided for basic navigational
and/or planning 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. You agree that, the results
you receive from the Maps service may vary from actual road or terrain conditions
due to factors that can affect the accuracy of the Maps data, such as, but not
limited to, weather, road and traffic conditions, and geopolitical events. For
your safety when using the turn-by-turn navigation feature, always pay
attention to posted road signs and current road conditions, and follow
safe driving practices and traffic regulations.
(f) To the extent that you upload any content through the use of
the Services, you represent that you own all rights in, or have authorization
or are otherwise legally permitted to upload, such content and that such
content does not violate any terms of service applicable to the Services. You
agree that the Services contain proprietary content, information and material
that is owned by Apple, the site owner and/or their licensors, and is protected
by applicable intellectual property and other laws, including but not limited
to copyright. You agree that you will not use such proprietary content,
information or materials other than 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, offensive, infringing or illegal messages or transmissions that you
may receive as a result of using any of the Services.
(g) In addition, Services and Third Party Materials that may be
accessed, linked to or displayed on the iOS Device are not available in all
languages or in all countries or regions. 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 use or access such Services
and 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 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 iOS Software. Sections 4, 5, 6, 7, 8,
9, 12 and 13 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 iOS 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, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iOS SOFTWARE AND
ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE iOS 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 iOS SOFTWARE AND 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 iOS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS.
7.4 APPLE DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE iOS SOFTWARE AND SERVICES, THAT THE
FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE iOS SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iOS SOFTWARE AND
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO
BE MADE AVAILABLE, THAT DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE
CORRECTED, OR THAT THE iOS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD
PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS
SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR
THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE iOS
SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR
ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN,
THE CONTENT, DATA OR INFORMATION PROVIDED BY THE iOS SOFTWARE OR SERVICES 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 iOS 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 OR INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY
THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iOS SOFTWARE OR
SERVICES, 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 two hundred and fifty dollars (U.S.$250.00).
The foregoing limitations will apply even if the above stated remedy fails of
its essential purpose.
9. Digital Certificates. The iOS Software contains
functionality that allows it to accept digital certificates either issued from
Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR
NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE
OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY,
SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL
CERTIFICATES.
10. Export Control. You may not use or otherwise export
or re-export the iOS Software except as authorized by United States law and the
laws of the jurisdiction(s) in which the iOS Software was obtained. In
particular, but without limitation, the iOS 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 iOS
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 iOS
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.
11. Government End Users. The iOS
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.
12. 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.
13. Complete Agreement; Governing Language. This
License constitutes the entire agreement between you and Apple relating to the
iOS 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.
14. Third Party Acknowledgements. Portions of
the iOS Software may utilize or include third party software and other
copyrighted material. Acknowledgements, licensing terms and disclaimers for
such material are contained in the electronic documentation for the iOS
Software, and your use of such material is governed by their respective terms.
Use of the Google Safe Browsing Service is subject to the Google Terms of
Service (http://www.google.com/terms_ of_service.html)
and to Google's Privacy Policy (http://www.google.com/ privacypolicy.html).
15. Use of MPEG-4; H.264/AVC Notice.
(a) The iOS Software contains MPEG-4 video encoding and/or
decoding functionality. The iOS Software is licensed under the MPEG-4 Visual
Patent Portfolio License for the personal and non-commercial use of a consumer
for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4
Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer
engaged in a personal and non-commercial activity and/or was obtained from a
video provider licensed by MPEG LA to provide MPEG-4 video. No license is
granted or shall be implied for any other use. Additional information including
that relating to promotional, internal and commercial uses and licensing may be
obtained from MPEG LA, LLC. See http://www.mpegla. com.
(b) The iOS Software contains AVC encoding and/or decoding
functionality, commercial use of H.264/AVC requires additional licensing and the
following provision applies: THE AVC FUNCTIONALITY IN THE iOS SOFTWARE IS
LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A
CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC
VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER
ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS
OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION
REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
16. Yahoo Search Service Restrictions. The
Yahoo Search Service available through Safari is licensed for use only in the
following countries and regions: Argentina, Aruba, Australia, 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.
17. Microsoft Exchange Notice. The
Microsoft Exchange mail setting in the iOS Software is licensed only for
over-the-air synchronization of information, such as email, contacts, calendar
and tasks, between your iOS and Microsoft Exchange Server or other server
software licensed by Microsoft to implement the Microsoft Exchange ActiveSync
protocol.
EA0930
Rev. 8/10/2012
------------------------------ ------------------------------ --
NOTICES FROM APPLE
If Apple needs to contact you about your product or account, you
consent to receive the notices by email. You agree that any such notices that
we send you electronically will satisfy any legal communication requirements.
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