ENGLISH

APPLE COMPUTER, INC.
SOFTWARE LICENSE AGREEMENT FOR XCODE TOOLS FOR MAC OS X

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 HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/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, tools, utilities, sample or example code, documentation, fonts and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media, (collectively, the “Developer Software”) are licensed, not sold, to you by Apple Computer, Inc. (“Apple”) and/or Apple’s licensors.  The rights granted herein are limited to Apple's and/or Apple’s licensors’ respective intellectual property rights in the Developer Software and do not include any other patents or intellectual property rights. You own the media on which the Developer Software is recorded but Apple and/or Apple's licensor(s) retain ownership of their respective portions of the Developer Software itself.  The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 

2. Permitted License Uses and Restrictions.  
A.  Developer Software.  Subject to the terms below you may use the Developer Software on Apple-labeled computers to: (i) test the Developer Software; and (ii) develop application and other software. The Developer Software contains WebObjects development and deployment components (the "WebObjects Software") which are subject to the additional terms and conditions set forth in Section 2D below and QuickTime development software which is subject to the additional terms and conditions set forth in Section 2E below.  You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. 

B.  Open-Sourced Components.  Certain components of the Developer Software, and third party open source programs included with the Developer Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the “Open-Sourced Components”).  You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Developer Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any maintenance, technical or other support for the resultant modified Developer Software.

C.  Sample Code.  Certain portions of the Developer Software consist of sample or example code provided by Apple (“Sample Code”).  You may use, reproduce, modify and redistribute such Sample Code in accordance with the licensing terms accompanying such Sample Code or related project(s).

D.  WebObjects Software.  Subject to the terms and conditions of this License, you may use, install and permit others to access the WebObjects deployment software included with the Developer Software to deploy application programs developed using Apple’s WebObjects Software.  You may also reproduce and distribute:  (1) over a network, components of the WebObjects deployment software for installation and use by others (“Java Client End Users”) on any remote computer’s volatile memory (e.g. RAM) to enable Java Client functionality for the sole purpose of communicating with Apple’s WebObjects Software that may be installed and executed on the same Apple-labeled computer on which you have installed the Developer Software (the "Licensed System"); and (2) both manually and automatically over a network, components of the WebObjects deployment software for installation and use by Java Client End Users on any remote computer’s non-volatile memory (e.g. ROM) to enable Java Client functionality for the sole purpose of communicating with Apple’s WebObjects Software that may be installed and executed on the Licensed System; provided that all distributions to Java Client End Users are made under terms that are at least as restrictive as those set forth in this License and contain the disclaimers and limitations set forth in Sections 6 and 7 of this License.  Subject to the terms and conditions of this License, you may also deploy server applications built with the WebObjects Software on any platform.

E.  QuickTime Development Software. You may use the QuickTime development software to develop application software that is compatible with, and runs only on Mac OS X and/or Windows platforms with QuickTime installed.  Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime.

F.  Other Restrictions.  Except as and only to the extent expressly permitted by this License, by applicable licensing terms governing use of the Open-Sourced Components or Sample Code, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, create derivative works of, incorporate into or compile in combination with your own programs, sublicense or otherwise redistribute the Developer Software. THE DEVELOPER 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 DEVELOPER SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3.  Transfer.  You may not rent, lease, lend, redistribute or sublicense the Developer Software.  You may, however, make a one-time permanent transfer of all of your license rights to the Developer Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Developer Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Developer Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Developer Software reads and agrees to accept the terms and conditions of this License.  You may not rent, lease, lend, redistribute, sublicense or transfer any Developer Software that has been modified or replaced under Section 2B above. All components of the Developer Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.  

NFR (Not for Resale) Copies:  Notwithstanding other sections of this License, Developer 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. 

4. 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. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Developer Software is released which is incompatible with this version of the Developer Software. Upon the termination of this License, you shall cease all use of the Developer Software and destroy all copies, full or partial, of the Developer Software.

5. Limited Warranty on Media (if any).  Apple warrants the media on which the Developer 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 Developer Software or replacement of the Developer 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, PACKAGING OR OTHERWISE.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVELOPER 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 DEVELOPER 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 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVELOPER 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 DEVELOPER SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVELOPER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEVELOPER 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 DEVELOPER 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.  

7. 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 DEVELOPER 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.

8. Export Control.  You may not use or otherwise export or reexport the Developer 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.

9. Government End Users. The Developer 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. §227.7202-1through 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.

10. 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.  

11. Complete Agreement.  This License constitutes the entire agreement between the parties with respect to the use of the Developer 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. The parties hereto confirm that they have requested that this License and all related documents be drafted in English. 

12. Third Party Acknowledgements. 
A.  Portions of the Developer Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Developer Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.

B.  Certain software libraries and other third party software included with the Developer Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be.  You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple.  The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  A copy of the GPL and LGPL is included with the Developer Software.

C. The Developer Software includes certain software developed by IBM Corporation (“IBM”) and licensed by Apple under the IBM Public License Version 1.0.  A copy of the source code for the IBM software may be found in Apple’s Open Source repository.  See Apple's Open Source web site (http://www.opensource.apple.com/) for information on how to obtain the source code. THE IBM SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IBM SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IBM SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EA0302
Rev B, 5/11/06