decrypt, modify, or create derivative works of the iPod touch Software or any services provided bythe iPod touch Software, or any part thereof (except as and only to the extent any foregoingrestriction is prohibited by applicable law or to the extent as may be permitted by licensing termsgoverning use of open-sourced components included with the iPod touch Software). Any attempt todo so is a violation of the rights of Apple and its licensors of the iPod touch Software. If you breachthis restriction, you may be subject to prosecution and damages.(d) By storing content on your iPod touch you are making a digital copy. In some jurisdictions, it isunlawful to make digital copies without prior permission from the rightsholder. The iPod touchSoftware 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 authorizedor legally permitted to reproduce.
You may not rent, lease, lend, sell, redistribute or sublicense the iPod touchSoftware. You may, however, make a one-time permanent transfer of all of your license rights tothe iPod touch Software to another party in connection with the transfer of ownership of your iPodtouch, provided that: (a) the transfer must include your iPod touch and all of the iPod touchSoftware, including all its component parts, original media, printed materials and this License; (b)you do not retain any copies of the iPod touch Software, full or partial, including copies stored on acomputer or other storage device; and (c) the party receiving the iPod touch Software reads andagrees to accept the terms and conditions of this License.
4. Consent to Use of Non-Personal Data.
You agree that Apple and its subsidiaries may collect and use technical and relatedinformation, including but not limited to information about your iPod touch, computer, system andapplication 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 iPod touchSoftware, and to verify compliance with the terms of this License. Apple may use this information,as long as it is in a form that does not personally identify you, to improve our products or toprovide services or technologies to you.(b) Apple may provide certain services through your iPod touch that rely upon location information. To provide these services, Apple and its partners may transmit, collect, maintain, process and useyour location data, including the real-time geographic location of your iPod touch.
By using anylocation-based services on your iPod touch, you agree and consent to Apple's and itspartners' transmission, collection, maintenance, processing and use of your locationdata to provide you with such services.
The location data is collected in a form that does notpersonally identify you. You may withdraw this consent at any time by not using the location-basedfeatures. Not using these features will not impact the functionality of your iPod touch.
5. iTunes Store and other Services; Third Party Materials.
The iPod touch Software enablesaccess to Apple's iTunes Store and other Apple and third party services and web sites (collectivelyand individually, "Services"). Use of the Services requires Internet access and use of certainServices requires you to accept additional terms of service. By using this software in connectionwith an iTunes Store account, you agree to the latest iTunes Store Terms of Service, which you mayaccess and review athttp://www.apple.com/legal/itunes/ww/. You understand that by using any of the Services, you may encounter content that may bedeemed offensive, indecent, or objectionable, which content may or may not be identified ashaving explicit language, and that the results of any search or entering of a particular URL mayautomatically 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 liabilityto you for content that may be found to be offensive, indecent, or objectionable.Certain Services may display, include or make available content, data, information, applications ormaterials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Apple is not responsible forexamining or evaluating the content, accuracy, completeness, timeliness, validity, copyright