ENGLISH

APPLE COMPUTER, INC.
SOFTWARE LICENSE AGREEMENT FOR XCODE TOOLS SEED

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE.  BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND CLICK "DISAGREE/DECLINE".

IMPORTANT NOTE: THIS IS “BETA”, PRE-RELEASE, TIME-LIMITED SOFTWARE MEANT FOR EVALUATION AND DEVELOPMENT PURPOSES ONLY. THIS SOFTWARE SHOULD NOT BE USED IN A COMMERCIAL OPERATING ENVIRONMENT OR WITH IMPORTANT DATA.  BEFORE INSTALLING THIS APPLE SOFTWARE, YOU SHOULD BACK UP ALL OF YOUR DATA AND REGULARLY BACK UP DATA WHILE USING THIS APPLE SOFTWARE.

1. General. The software, tools, utilities, sample or example code, documentation, fonts and other materials accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Developer Software”) are licensed, not sold, to you by Apple Computer, 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 Developer Software and do not include any other patents or intellectual property rights. Apple and/or Apple's licensor(s) retain ownership 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.

Title and intellectual property rights in and to any content displayed by or accessed through the Developer 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; Confidentiality.
A. This License allows you to install and use the Developer Software on Apple-labeled computers during the term of this License to: (i) test the Developer Software; and (ii) develop application and other software; provided that, with the sole exception of the tools described in Section 2D below, the Developer Software is not licensed for use in a commercial operating environment where it may be relied upon to perform in the same manner as a final-release commercial-grade product and should not be used with data that is not sufficiently and regularly backed up.  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. 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. 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. iSync Plug-in Maker and Dashcode Tools.  Subject to the terms of this License, you may use the iSync Plug-in Maker tool included with the Developer Software on Apple-labeled computers to test and develop application and other software, and you may use the Dashcode tool included with the Developer Software on Apple-labeled computers to test and develop Dashboard widgets. It is not recommended that any widgets or software developed using the Dashcode tools be deployed in a commercial or in-house operating environment or used with important data as the tools are pre-release, "beta" software. In addition, certain redistributable files are included with the Dashcode tool (the "AppleClasses") and you may use, reproduce, modify and redistribute such AppleClasses in accordance with the licensing terms accompanying those AppleClasses files.

E. QuickTime Development Software. Subject to the restrictions set forth in this License, 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 the QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime.

F. Except as and only to the extent expressly permitted by this License, by applicable licensing terms governing use of the Open-Sourced Components, 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, rent, lease, lend, sublicense, sell, transfer or otherwise redistribute the Developer Software. THE 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.  

G. You agree that the pre-release Developer Software licensed hereunder and all information disclosed by Apple to you that relates to Apple's products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information disclosed to you by Apple, will be considered and referred to collectively as "Confidential Information". Confidential Information, however, does not include: (a) information that is now or subsequently becomes generally available to the public through no fault or breach on your part; (b) information that you can demonstrate to have had rightfully in your possession prior to disclosure to you by Apple; (c) information that is independently developed by you without the use of any Confidential Information; (d) information that you rightfully obtain from a third party who has been given the right to transfer or disclose it by Apple; or (e) any third party software and/or documentation provided by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation, for example, software governed by the GNU General Public License ("GPL"). You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those of your employees and contractors with a demonstrable need to know who have binding, written, confidentiality obligations to you that protect such Confidential Information against unauthorized disclosure. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for your own or any third party's benefit without the prior written approval of an authorized representative of Apple in each instance.

3. Term of License. The term of this License shall commence upon your installation or use of the Developer Software and will terminate automatically without notice from Apple upon the next commercial release of the Developer Software, or October 31, 2007, whichever occurs first. Your rights under this License will also 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.  

4. Support and Maintenance. Apple is not obligated to provide any maintenance, technical or other support for the Developer Software, or any updates to you for the Developer Software. You acknowledge that Apple has no express or implied obligation to announce or make available a commercial version of the Developer Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Developer Software licensed hereunder. 

5. Limited Warranty on Media. Apple warrants the media on which the Developer Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of receipt of the Developer Software. Your exclusive remedy under this Section shall be replacement of the Developer Software which is returned to Apple. 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 RECEIPT OF THE APPLE SOFTWARE. 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 LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranties. The Developer Software is pre-release “beta” software that may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. 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 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, 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 OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL WITH REGARD TO THE APPLE SOFTWARE. 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. 

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 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 EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS 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 Developer Software was obtained. In particular, but without limitation, the Developer 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 Developer 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 missiles, nuclear or chemical or biological weapons.

9. Government End Users. If the Developer Software is supplied to the United States Government, the Developer Software 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 additional 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.

EA0364, Rev B
04/27/07