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CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND
EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED
CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED
CODE WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE COVERED CODE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE COVERED CODE WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN
APPLE AUTHORIZED REPRESENTATIVE OR ANY
CONTRIBUTOR SHALL CREATE A WARRANTY. You
acknowledge that the Covered Code is not intended for use in
the operation of nuclear facilities, aircraft navigation,
communication systems, or air traffic control machines in
which case the failure of the Covered Code could lead to
death, personal injury, or severe physical or environmental
damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY
CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY
TO USE THE COVERED CODE, OR ANY PORTION THEREOF,
WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR
OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY 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)
under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use
the trademarks or trade names "Apple", "Apple Computer",
"Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server"
or any other trademarks, service marks, logos or trade names
belonging to Apple (collectively "Apple Marks") or to any
trademark, service mark, logo or trade name belonging to any
Contributor. You agree not to use any Apple Marks in or as part
of the name of products derived from the Original Code or to
endorse or promote products derived from the Original Code
other than as expressly permitted by and in strict compliance at
all times with Apple's third party trademark usage guidelines
which are posted at eudora="autourl"> http://www.apple.com/
legal/guidelinesfor3rdparties.html .
11. Ownership. Subject to the licenses granted under this
License, each Contributor retains all rights, title and interest in
and to any Modifications made by such Contributor. Apple
retains all rights, title and interest in and to the Original Code
and any Modifications made by or on behalf of Apple ("Apple
Modifications"), and such Apple Modifications will not be
Manufacturer's Warranty
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