ENGLISH

Apple Inc.
Software License Agreement For iTunes
Please read this software license agreement !License!"
carefull# $efore using the Apple software. %# using the Apple
software& #ou are agreeing to $e $ound $# the terms of this
License. If #ou do not agree to the terms of this License& do not
use the software. If #ou do not agree to the terms of the
License& #ou ma# return the Apple software to the place where
#ou o$tained it for a refund. If the Apple software was
accessed electronicall#& clic' !disagree(decline!. For Apple
software included with #our purchase of hardware& #ou must
return the entire hardware(software pac'age in order to o$tain
a refund.
Important Note) To the e*tent that this software ma# $e used
to reproduce materials& it is licensed to #ou onl# for
reproduction of non+cop#righted materials& materials in which
#ou own the cop#right& or materials #ou are authori,ed or
legall# permitted to reproduce. To the e*tent that this
software ma# $e used for remote access to music -les for
listening $etween computers& remote access of cop#righted
music is onl# pro.ided for lawful personal use or as otherwise
legall# permitted. If #ou are uncertain a$out #our right to cop#
or permit access to an# material #ou should contact #our legal
ad.isor.
/. General. The software, documentation and any fonts
accompanying this License whether on disk, in read only memory, on
any other media or in any other form (collectively the "Apple
Software") are licensed, not sold, to you by Apple nc! ("Apple") for use
only under the terms of this License, and Apple reserves all rights not
e"pressly granted to you! The rights granted herein are limited to
Apple#s and its licensors# intellectual property rights in the Apple
Software and do not include any other patents or intellectual property
rights! $ou own the media on which the Apple Software is recorded but
Apple and%or Apple#s licensor(s) retain ownership of the Apple Software
itself! The terms of this License will govern any software upgrades
provided by Apple that replace and%or supplement the original Apple
Software product, unless such upgrade is accompanied by a separate
license in which case the terms of that license will govern!
0. Permitted License 1ses and 2estrictions.
A! Sub&ect to the terms and conditions of this License, you are granted
a limited non'e"clusive license to install and use the Apple Software! To
the e"tent that the Apple Software may be used to reproduce
materials, such use is limited to reproduction of non'copyrighted
materials, materials in which you own the copyright, or materials you
are authori(ed or legally permitted to reproduce! $ou may not make
the Apple Software available over a network where it could be used by
multiple computers at the same time! $ou may make one copy of the
Apple Software 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! *"cept as and only to the
e"tent e"pressly permitted in this License or by applicable law, you
may not copy, decompile, reverse engineer, disassemble, modify, or
create derivative works of the Apple Software or any part thereof!
+! ,oice-ver .it ' Automatic /pdates! 0hen you are using ,oice-ver
.it version 1!2, the Apple Software will periodically check with Apple for
updates to the pronunciation rules used by ,oice-ver to generate the
spoken items that you hear when you have ,oice-ver selected! f a
pronunciation update is available, the update will automatically
download onto your computer, and when you have ,oice-ver selected,
the new version of the spoken items will be generated and synced to
your i3od! The older version of the spoken items will no longer be
available! These automatic updates will not change the actual media
content (e!g!, music, video, podcasts) on your i3od or in your iTunes
library!
4! 4ertain components of the Apple Software, and third party open
source programs included with the Apple Software, have been or may
be made available by Apple on its -pen Source web site
(http5%%www!opensource!apple!com%) (collectively the "-pen'Sourced
4omponents")! $ou may modify or replace only these -pen'Sourced
4omponents) provided that5 (i) the resultant modi6ed Apple Software is
used, in place of the unmodi6ed Apple Software, on a single Apple'
labeled computer) and (ii) you otherwise comply with the terms of this
License and any applicable licensing terms governing use of the -pen'
Sourced 4omponents! Apple is not obligated to provide any
maintenance, technical or other support for the resultant modi6ed
Apple Software!
3. Transfer. $ou may not rent, lease, lend, redistribute or sublicense
the Apple Software! $ou may, however, make a one'time permanent
transfer of all of your license rights to the Apple Software to another
party, provided that5 (a) the transfer must include all of the Apple
Software, including all its component parts, original media (if any),
printed materials and this License) (b) you do not retain any copies of
the Apple Software, full or partial, including copies stored on a
computer or other storage device) and (c) the party receiving the Apple
Software reads and agrees to accept the terms and conditions of this
License!
4. 5onsent to 1se of 6ata.
A! 7iagnostic and /sage 7ata! f you choose to allow 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 uni8ue system or
hardware identi6ers, information about your computer, system and
application software, and peripherals, that is gathered periodically to
provide and improve Apple9s products and services, facilitate the
provision of software updates, product support and other services to
you (if any) related to the Apple Software, and to verify compliance
with the terms of this License! $ou may change your preferences for
7iagnostics : /sage collection at any time by going to the 7iagnostics
: /sage setting on your computer and deselecting the checkbo"! The
7iagnostics : /sage setting is found in the Security : 3rivacy pane
within System 3references! Apple may use this information, as long as
it is collected in a form that does not personally identify you, for the
purposes described above!
+! Library 7ata! The Apple Software contains features that rely upon
information about your iTunes library! f you choose to share
information about your iTunes library with Apple, you agree to Apple9s
and its subsidiaries9 and agents9 transmission, collection, maintenance,
processing, and use of this information, including but not limited to
artist, album and song names in your library, to provide and improve
such features! $ou can opt out at any time by going to 3references for
the Apple Software and deselecting the corresponding checkbo" under
Store 3references!
4! nterest'+ased Advertising from iAd! Apple may provide interest'
based advertising to you! f you do not want to receive relevant ads in
the Apple Software, you can opt out by going to the Limit Ad Tracking
setting in the Apple Software! f you opt out, you will continue to
receive the same number of ads, but they may be less relevant
because they will not be based on your interests! $ou may still see ads
related to the content in an application or based on other non'personal
information!
7! 3rivacy 3olicy! At all times your information will be treated in
accordance with Apple9s 3rivacy 3olicy, which is incorporated by
reference into this License and can be viewed at5
http5%%www!apple!com%privacy%!
7. iTunes Store and other Ser.ices.
A! This software enables access to Apple#s iTunes Store, if available,
which o;ers downloads of music for sale and other services, App Store
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! /se of the Services re8uires nternet
access and use of certain Services may re8uire an Apple 7, may
re8uire you to accept additional terms of service and may be sub&ect to
additional fees!
+! +y using this software in connection with an Apple 7, iTunes Store
account or i4loud account, you agree to the applicable terms and
conditions for that account, such as the latest iTunes Store Terms and
4onditions, which you may access and review at
http5%%www!apple!com%legal%itunes%ww%, or the i4loud Terms and
4onditions which can be found at
http5%%www!apple!com%legal%icloud%ww%, respectively! f you do not
agree to the applicable terms and conditions for such an account, do
not use the Apple Software in connection with that account!
4! $ou understand that by using any of the Services, you may
encounter content that may be deemed o;ensive, indecent, or
ob&ectionable, which content may or may not be identi6ed as having
e"plicit language! <evertheless, 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 o;ensive, indecent, or ob&ectionable! 4ontent
types (including genres, sub'genres and 3odcast categories and sub'
categories and the like) and descriptions are provided for convenience,
and you acknowledge and agree that Apple does not guarantee their
accuracy!
7! 4ertain Services may display, include or make available content,
data, information, applications or materials from third parties (=Third
3arty >aterials?) or provide links to certain third party web sites! +y
using the Services, you acknowledge and agree that Apple is not
responsible for e"amining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality,
decency, 8uality or any other aspect of such Third 3arty >aterials or
web sites! Apple, its o@cers, a@liates 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 3arty >aterials or web sites, or for any other materials, products,
or services of third parties! Third 3arty >aterials and links to other web
sites are provided solely as a convenience to you! $ou agree that you
will not use any Third 3arty >aterials in a manner that would infringe
or violate the rights of any other party, and that Apple is not in any
way responsible for any such use by you!
*! To the e"tent that you upload any content through the use of the
Services, you represent that you own all rights in, or have authori(ation
or are otherwise legally permitted to upload, such content and that
such content does not violate any terms of service applicable to the
Services! $ou agree that the Services, including but not limited to
graphics, audio clips, and editorial content, contain proprietary
content, information and material that is owned by Apple and%or its
licensors, and is protected by applicable intellectual property and other
laws, including but not limited to copyright! $ou 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! <o portion of the Services may be
reproduced in any form or by any means! $ou agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works based on
the Services, in any manner, and you shall not e"ploit the Services in
any unauthori(ed way whatsoever, including but not limited to, using
the Services to transmit any computer viruses, worms, tro&an horses or
other malware, or by trespass or burdening network capacity! $ou
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,
o;ensive, infringing or illegal messages or transmissions that you may
receive as a result of using any of the Services!
A! n addition, Services and Third 3arty >aterials that may be accessed
from, displayed on or linked to from the Apple Software are not
available in all languages or in all countries or regions! Apple makes no
representation that such Services and Third 3arty >aterials are
appropriate or available for use in any particular location! To the e"tent
you choose to use or access such Services and Third 3arty >aterials,
you do so at your own initiative and are responsible for compliance
with any applicable laws, including but not limited to applicable local
laws and privacy and data collection laws! Apple and its licensors
reserve the right to change, suspend, remove, or disable access to any
Services at any time without notice! n 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!
8. Termination. This License is e;ective until terminated! $our rights
under this License will terminate automatically without notice from
Apple if you fail to comply with any term(s) of this License! /pon the
termination of this License, you must cease all use of the Apple
Software and destroy all copies, full or partial, of the Apple Software!
Sections B, C, D, E, F, 11 and 1G of this License shall survive any such
termination!
9. 6isclaimer of :arranties.
A! f you are a customer who is a consumer (someone who uses the
Apple Software outside of your trade, business or profession), you may
have legal rights in your country of residence which would prohibit the
following limitations from applying to you, and where prohibited they
will not apply to you! To 6nd out more about rights, you should contact
a local consumer advice organi(ation!
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$-/! n no event shall Apple#s total liability to you for all damages
(other than as may be re8uired by applicable law in cases involving
personal in&ury) e"ceed the amount of 6fty dollars (OCP!PP)! The
foregoing limitations will apply even if the above stated remedy fails of
its essential purpose!
<. E*port 5ontrol. $ou may not use or otherwise e"port or ree"port
the Apple Software e"cept as authori(ed by /nited States law and the
laws of the &urisdiction(s) in which the Apple Software was obtained! n
particular, but without limitation, the Apple Software may not be
e"ported or re'e"ported (a) into any /!S! embargoed countries or (b) to
anyone on the /!S! Treasury 7epartment#s list of Specially 7esignated
<ationals or the /!S! 7epartment of 4ommerce 7enied 3erson9s List or
*ntity List! +y using the Apple Software, you represent and warrant
that you are not located in any such country or on any such list! $ou
also agree that you will not use the Apple Software for any purposes
prohibited by /nited States law, including, without limitation, the
development, design, manufacture or production of missiles, or
nuclear, chemical or biological weapons!
/=. Go.ernment End 1sers. The Apple Software and related
documentation are "4ommercial tems", as that term is de6ned at BF
4!A!I! QG!1P1, consisting of "4ommercial 4omputer Software" and
"4ommercial 4omputer Software 7ocumentation", as such terms are
used in BF 4!A!I! Q1G!G1G or BF 4!A!I! QGGE!EGPG, as applicable!
4onsistent with BF 4!A!I! Q1G!G1G or BF 4!A!I! QGGE!EGPG'1 through
GGE!EGPG'B, as applicable, the 4ommercial 4omputer Software and
4ommercial 4omputer Software 7ocumentation are being licensed to
/!S! Jovernment end users (a) only as 4ommercial tems and (b) with
only those rights as are granted to all other end users pursuant to the
terms and conditions herein! /npublished'rights reserved under the
copyright laws of the /nited States!
//. 5ontrolling Law and Se.era$ilit#. This License will be governed
by and construed in accordance with the laws of the State of 4alifornia,
e"cluding its conRict of law principles! This License shall not be
governed by the /nited <ations 4onvention on 4ontracts for the
nternational Sale of Joods, the application of which is e"pressly
e"cluded! f you are a consumer based in the /nited .ingdom, this
License will be governed by the laws of the &urisdiction of your
residence! f for any reason a court of competent &urisdiction 6nds any
provision, or portion thereof, to be unenforceable, the remainder of this
License shall continue in full force and e;ect!
/0. 5omplete Agreement> Go.erning Language. This License
constitutes the entire agreement between the parties with respect to
the use of the Apple Software licensed hereunder and supersedes all
prior or contemporaneous understandings regarding such sub&ect
matter, with the e"ception of any additional terms and conditions you
are re8uired to accept if you choose to use Apple#s online store which
will govern your use of such store and any Services you purchase
through that store! <o amendment to or modi6cation of this License
will be binding unless in writing and signed by Apple! Any translation of
this License is done for local re8uirements and in the event of a dispute
between the *nglish and any non'*nglish versions, the *nglish version
of this License shall govern, to the e"tent not prohibited by local law in
your &urisdiction!
/3. Third Part# Notices.
A! 3ortions of the Apple Software utili(e 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 Apple Software, and your use of such material is
governed by their respective terms!
+! /se of >3*J'B! This product is licensed under the >3*J'B Systems
3atent 3ortfolio License for encoding in compliance with the >3*J'B
Systems Standard, e"cept that an additional license and payment of
royalties are necessary for encoding in connection with (i) data stored
or replicated in physical media which is paid for on a title by title basis
and%or (ii) data which is paid for on a title by title basis and is
transmitted to an end user for permanent storage and%or use! Such
additional license may be obtained from >3*J LA, LL4! See
http5%%www!mpegla!com for additional details!
This product is licensed under the >3*J'B ,isual 3atent 3ortfolio
License for the personal and non'commercial use of a consumer for (i)
encoding video in compliance with the >3*J'B ,isual Standard
(">3*J'B ,ideo") and%or (ii) decoding >3*J'B 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 >3*J LA to
provide >3*J'B video! <o 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
>3*J LA, LL4! See http5%%www!mpegla!com!
4! K!GDB%A,4 <otice! To the e"tent that the Apple Software contains
A,4 encoding and%or decoding functionality, commercial use of
K!GDB%A,4 re8uires additional licensing and the following provision
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/4. Third Part# Software and Ser.ice Terms and 5onditions.
Gracenote? End 1ser License Agreement
This application or device contains software from Jracenote, nc! of
*meryville, 4alifornia (=Jracenote?)! The software from Jracenote (the
=Jracenote Software?) enables this application to perform disc and%or
6le identi6cation and obtain music'related information, including name,
artist, track, and title information (=Jracenote 7ata?) from online
servers or embedded databases (collectively, =Jracenote Servers?)
and to perform other functions! $ou may use Jracenote 7ata only by
means of the intended *nd'/ser functions of this application or device!
$ou agree that you will use Jracenote 7ata, the Jracenote Software,
and Jracenote Servers for your own personal non'commercial use only!
$ou agree not to assign, copy, transfer or transmit the Jracenote
Software or any Jracenote 7ata to any third party! $-/ AJI** <-T T-
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$ou agree that your non'e"clusive license to use the Jracenote 7ata,
the Jracenote Software, and Jracenote Servers will terminate if you
violate these restrictions! f your license terminates, you agree to
cease any and all use of the Jracenote 7ata, the Jracenote Software,
and Jracenote Servers! Jracenote reserves all rights in Jracenote
7ata, the Jracenote Software, and the Jracenote Servers, including all
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liable for any payment to you for any information that you provide! $ou
agree that Jracenote, nc! may enforce its rights under this Agreement
against you directly in its own name!
The Jracenote service uses a uni8ue identi6er to track 8ueries for
statistical purposes! The purpose of a randomly assigned numeric
identi6er is to allow the Jracenote service to count 8ueries without
knowing anything about who you are! Aor more information, see the
web page for the Jracenote 3rivacy 3olicy for the Jracenote service!
The Jracenote Software and each item of Jracenote 7ata are licensed
to you =AS S!? Jracenote makes no representations or warranties,
e"press or implied, regarding the accuracy of any Jracenote 7ata from
in the Jracenote Servers! Jracenote reserves the right to delete data
from the Jracenote Servers or to change data categories for any cause
that Jracenote deems su@cient! <o warranty is made that the
Jracenote Software or Jracenote Servers are error'free or that
functioning of Jracenote Software or Jracenote Servers will be
uninterrupted! Jracenote is not obligated to provide you with new
enhanced or additional data types or categories that Jracenote may
provide in the future and is free to discontinue its services at any time!
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