7#$s7z8&t&t&t&t& ''' '' ''(fx&( (/*/M&t/)//7C7//////Apple Computer, Inc. Software License Newton Internet Enabler PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD THE SOFTWARE. 1. License. The software and any fonts accompanying this License whether on disk, in read only memory, or on any other media (the Newton Software) are licensed, not sold, to you by Apple Computer, Inc. (Apple). You own the media on which the Newton Software is recorded but Apple and/or Apple's licensor(s) retain title to the Newton Software. The Newton Software in this package and any copies which this License authorizes you to make are subject to this License. 2. Permitted Uses and Restrictions. This License allows you to install and use the Newton Software on a single computer at a time. You may make one copy of the Newton Software in machine-readable form for backup purposes provided the backup copy contains all copyright information contained on the original. You may also copy and distribute (in object code form only) the Newton Software solely with your own programs, provided you reproduce on each copy the Apple copyright notice and any other proprietary legends that were on the original copy of the Newton Software, and distribute such Newton Software pursuant to a valid agreement that is at least as protective of Apple's rights in the Newton Software as this License. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, or create derivative works based upon the Newton Software in whole or part or transmit the Newton Software over a network or from one computer to another. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of the Newton Operating System is released which is incompatible with the Newton Software. 3. Disclaimer of Warranty on Newton Software. You expressly acknowledge and agree that use of the Newton Software is at your sole risk. The Newton Software is provided AS IS and without warranty of any kind and Apple and Apple's licensor(s) (for the purposes of provisions 3 and 4, Apple and Apple's licensor(s) shall be collectively referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING APPLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY APPLES NEGLIGENCE. 4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 exceed the amount of fifty dollars ($50.00). 5. Export Law Assurances. You may not use or otherwise export or reexport the Newton Software except as authorized by United States law and the laws of the jurisdiction in which the Newton Software was obtained. In particular, but without limitation, the Newton Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Newton Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 6. Government End Users. If the Newton Software is supplied to the United States Government, the Newton Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Newton Software are as provided in clause 52.227-19 of the FAR. 7. Controlling Law and Severability. If there is a local subsidiary of Apple in the country in which the Newton Software License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California. 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. 8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Newton 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. uApple SoftwareApple SoftwareApple SoftwareApple SoftwareThis License allows you to install and use the Apple Software^4 b8?\]h8:;[ w m*C#G&<sv8"$2@N\jx   . N c g n q !!!!!)!@!!!!!!!!!!!!!!!!!"""""$"%  @  Y&>?\]78 v wlm)*"#%&rs#$!!!!"##(#/#0#1! ! ! ! ! ! ! ! ! ! !! !# Title $$  on a single "Newton Product" (which, for purposes of this License, shall mean a product bearing Apples Newton logo). This License does not allow the Apple Software to exist on more than one Newton Product at a time. Apple Software Apple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple SoftwareApple Softwareor its local subsidiary, if any and/or distributionsmustNewton ing. In addition, you must include the accompanying documentation (modification of the documentation permitted upon Apple written approval), together with the documentation 3. Support. You agree to provide support to the end user to the same degree that you provide support for your own Newton programs.44556789ENGLISH , any fonts, and documentation distributeApple Software and the only device that runs the Newton Operating System ("Device")Device may alsowithis to internet software providers and s provided you ethe andend user license (including internet software providerconnectivity support) related and any fontsaccompanying this License withobtainedservice version 1.0 Apple/Allpen 061496    ) P |7V&p&r((()*X*************2c2d2e2f2g2h2u29::;;;;;"B"E"H"c"h"i"k"x"y"}""""""""""""######.#/#0#1 @ & Title $$! )@s )m@ /Tqr c d " #)! !!!! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! "%#1 #1   ) P |7V&p&r((()*X*************2c2d2e2f2g2h2u29::;;;;;KS?M%&'()!!#=!"!"!"v .*d N8݀8!#! '""""""$"%"&"'"(o"6{|$ƀ gԀ"k"x2 q!р !ۀ"!  "B Ԁ! ހ!"N\׀jx t"!!!!!@""#""c"""!H!O"h!W!"i u! x   ! ! !n!+:X!X !$ "!' ###.#/#0r7Newton Internet Enabler Lic. Yarbrough Yarbrough