SOFTWARE DISTRIBUTION AGREEMENT

APPLE COMPUTER, INC.

Software Licensing Department
12545 Riata Vista Circle
MS 198 3-SWL
Austin, TX 78727
E-Mail Address: [email protected]

Licensee

Individual to Contact

Street Address

City State Zip Code Country

Telephone Number: Fax Number: ___________________

E-Mail Address: _

Apple Computer, Inc. ("Apple") and Licensee agree that the terms and conditions of (i) this
Agreement and (ii) any applicable Addenda shall govern Licensee's use and distribution of the
Apple Software. Apple software programs and applicable Addenda are available at the
following Website: http://developer.apple.com/mkt/swl/llsw.html, which may be updated by
Apple subsequent to the Effective Date of this Agreement.

1. Definitions.

1.1 "Apple Intellectual Property" means Apple's copyrights, trade secrets, and patents in the
Apple Software, and does not include any of Apple's other patents or intellectual property
rights.

1.2 "Apple Software" means the object code form of (i) the Apple Software programs
identified in Exhibit A as the "Apple Software", and (ii) any other Apple Software
programs or subsequent version(s) of the Apple Software that Apple makes available for
licensing under this Agreement through written Addenda or otherwise.

1.3 "End-User" means an individual or entity that licenses Licensee Programs for his or its own
personal or business purposes, and not for license to others.

1.4 "Licensee" means the licensee identified above.

1.5 "Licensee Programs" means computer programs developed or reproduced by or for

Licensee, which operate on the same operating system for which the Apple Software is

SWL253-022106 1
 designed and which are listed and described in Exhibit A. Licensee may supplement
Exhibit A by providing written notice to Apple, provided such supplement does not
become effective until the date of Apple’s execution thereof.

1.6 "Licensee’s Site" means any of the following:

a. Licensee’s page/URL on the World Wide Web
b. Licensee’s FTP site
c. Licensee’s online service

_____________________________________________________________________
(Indicate in this space the name and address/access phone number of Licensee’s Site
and name and phone number of the Site’s administrator)

2. License.
2.1 Apple hereby grants to Licensee a nonexclusive, nontransferable, worldwide license under
Apple Intellectual Property (as defined in Paragraph 1.1 above) to (i) copy and/or have
copied for it the Apple Software for the sole purpose of incorporating the Apple Software
into Licensee Programs and (ii) distribute to End-Users, directly or through distributors, the
Apple Software in object code form solely in conjunction with the distribution of Licensee
Programs. This license grant is expressly conditioned upon Licensee’s compliance with the
following requirements:

(a) All distributions to End-Users must be subject to an End-User Software License

Agreement no less restrictive or materially less protective of Apple's rights in the Apple
Software than the Software License attached hereto as Exhibit B. For each jurisdiction
in which Licensee Programs are distributed with the Apple Software, it is Licensee's
responsibility to use an End-User Software License Agreement which complies with
the laws of the jurisdiction.

(b) For distribution via the Internet or an online service, the following requirements must
be met:

(i) Whenever technically feasible, an End-User Software License Agreement must be

presented on the screen and the End-User must verify that it has read and agreed to
the terms of said End-User Software License Agreement before the End-User can
view or download the Apple Software; if not technically feasible, then an End-User
Software License Agreement must be displayed as the first file of the directory, at
the same level as the Apple Software. The End-User Software License Agreement
must be accessible to End-Users at all other times, whenever technically feasible.

(ii) Licensee will provide Apple with access to Licensee's Site and any software
necessary to access Licensee's Site for the term of this Agreement at no charge to
Apple for the purpose of verifying Licensee’s compliance with the terms of this
Agreement.

SWL253-022106 2
2.2 Licensee acknowledges that the Apple Software is proprietary to Apple and that Apple
retains all right, title, and interest in and to the Apple Software, including without limitation
all copyrights and other proprietary rights.

2.3 Licensee agrees not to reverse engineer, reverse compile, or otherwise disassemble the
Apple Software, except as permitted by applicable legislation. Licensee may not use,
reproduce, sublicense, distribute or dispose of the Apple Software, in whole or in part,
other than as permitted under this Agreement.

2.4 If Apple requests in writing, Licensee shall provide Apple with an archive copy of Licensee
Programs in object code form for the sole purpose of monitoring Licensee's compliance
with the terms of this Agreement.

2.5 Apple may from time to time update or extend the Apple Software and authorize Licensee,
by notice, to distribute the updated or extended versions of the Apple Software with
Licensee Programs according to the terms of this Agreement. If required by Apple,
Licensee agrees it will, no later than six (6) months from the date of Apple’s notice,
distribute the particular updated or extended version with Licensee Programs and cease
distribution of prior versions. Apple reserves the right in its sole discretion to license any
new Apple Software version separately, at an additional license fee.

3. Effective Date; Term.

3.1 The Effective Date of this Agreement shall be the date of Apple’s execution. The initial
term will be one (1) year, and the Agreement will automatically renew for additional one
year periods, unless one of the following events occurs: (i) Apple terminates this
Agreement earlier pursuant to Paragraph 4, (ii) Apple provides written notice to Licensee
of its intent to terminate the Agreement, with or without cause, no less than sixty (60) days
prior to the expiration of the initial term or any renewal term, or (iii) Licensee fails to pay
the renewal fee or any new fees required under Paragraph 5. Licensee may terminate this
Agreement at any time by providing written notice to Apple.

3.2 In the event of termination, for any reason other than breach by Licensee, Licensee may
distribute Apple Software according to the terms of this Agreement for a period not to
exceed six (6) months from the date of termination. If termination is due to breach of the
Agreement by Licensee, then Licensee must immediately discontinue all use, reproduction
and distribution of the Apple Software. In no event will termination, for any reason, affect
any End-User licenses in effect at the time of termination, until or unless such End-User
License Agreement is terminated, for any reason.

4. Termination for Cause.

If any breach of this Agreement by Licensee continues for more than thirty (30) days after
Licensee’s receipt of Apple’s written notice, Apple may terminate this Agreement by written
notice to Licensee, whereupon this license and all rights granted to Licensee herein shall
immediately cease. Waiver by either party of any breach by the other party shall not be deemed
to be a waiver of any other or subsequent breach. The rights of the parties under this clause are
in addition to any other rights and remedies provided by law or under this Agreement.

SWL253-022106 3
5. Consideration.
Licensee agrees to pay Apple an annual license fee (if applicable) for each Apple Software
identified in Exhibit A. License fees for each Apple Software are listed at the Website identified
in the first paragraph on the first page of this Agreement, as may be updated from time to time,
and are required on a per Licensee Program basis. Such fees are subject to change, and if the
Licensee does not agree to pay a new fee at the time of renewal, Licensee can elect not to renew
distribution license rights for that particular Apple Software. If Licensee chooses not to renew
its license for any Apple Software licensed under this Agreement, Licensee shall terminate the
Agreement by providing written notice to Apple. If Licensee does not pay the new fee and does
not terminate the Agreement, the Agreement will automatically terminate according to Paragraph
3. License fees are due and payable in United States currency upon execution of this Agreement
by Licensee. Licensee must pay an annual renewal fee prior to each anniversary of the Effective
Date.

6. Disclaimer of Warranty.
Apple licenses the Apple Software to Licensee on an "AS IS" basis. APPLE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION
ALONE OR IN COMBINATION WITH LICENSEE PROGRAM. Neither Licensee, its
employees, agents, or distributors have any right to make any other representation, warranty or
promise with respect to the Apple Software.

7. Limitation of Liability.
In no event shall Apple be liable for special, incidental or consequential damages arising from
the use, sale or distribution of Apple Software by Licensee or any third party, whether under
theory of contract, tort (including negligence), product liability or otherwise. In no event shall
Apple's liability under this Agreement exceed the amount of $500.

8. Labeling.
8.1 As a condition of Apple's license grant in Paragraph 2, Licensee shall not remove any
copyright notices or proprietary legends contained within the Apple Software. Further,
Licensee shall include a copyright notice in Licensee Programs reflecting the copyright
ownership of Licensee and Apple as follows:

Copyright © 20__ [Licensee Name] and its licensors

All rights reserved.

8.2 During the term of this Agreement, Apple may revise the notice language required by
Paragraph 8.1 above, and the notice and disclaimer language in the End-User Software
License Agreement. For distribution via the Internet or online service, Licensee shall
incorporate such revisions promptly upon receipt of Apple’s notice; for any other form of
distribution (i.e.: diskette, CD ROM, hard drive), Licensee shall incorporate such revisions
within ninety (90) days of written notice from Apple.

SWL253-022106 4
8.3 This Agreement grants no license under any trademarks, service marks, or tradenames of
Apple. Licensee may use trademarks and service marks of Apple (but excluding logos) in
advertising, brochures, packaging on promotional material to denote compatibility with
Apple products in compliance with Apple's Trademark Guidelines as set forth at the
following Website: http://apple.com/legal/guidelinesfor3rdparties.html, (which Apple may
amend from time to time) or as authorized in any separate trademark license agreement
with Apple. Any violation of these Guidelines shall be cause for termination in accordance
with the provisions of Paragraph 4.

9. No Indemnification by Apple.
Apple shall have no obligation to indemnify, defend or hold harmless Licensee from and against
any claim that the Apple Software infringes any third party patent, copyright, or other intellectual
property right. Licensee shall promptly notify Apple of any such claim.

10. Indemnification by Licensee.

Licensee shall indemnify, defend and hold Apple harmless from any and all claims, damages,
losses, liabilities, costs and expenses (including reasonable fees of attorneys and other
professionals) arising out of or in connection with Licensee's and its distributors’ use,
reproduction and/or distribution of the Apple Software, or the use of the Apple Software
incorporated in Licensee Programs. Apple shall promptly notify Licensee of any such claim and
shall provide reasonable cooperation and assistance in connection with such claims.

11. Export.
Licensee may not use or otherwise export or reexport the Apple 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 reexported (i)
into (or to a national or resident of) any U. S. embargoed countries or (ii) 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. Licensee shall not knowingly provide the Apple
Software to a member located in, under control of, or a national or resident of any such country
or on any such list.

12. Relationship of the Parties.

Nothing stated in this Agreement will be construed as creating the relationships of joint
venturers, partners, employer and employee, franchisor and franchisee, master and servant, or
principal and agent.

13. Assignment.
This Agreement shall be binding on the assigns, heirs and successors (whether through merger or
otherwise) of the parties, except that it may not be assigned by any means, including without
limitation, operation of law or merger, by Licensee without the prior written consent of Apple,
which will not be withheld unreasonably.

14. Notices.
Any notice required under this Agreement shall be deemed given: (i) when delivered
personally; (ii) by facsimile; (iii) five (5) days after having been sent by registered or

SWL253-022106 5
certified mail, return receipt requested, postage prepaid; or (iv) via electronic mail. All
communications will be sent to the parties’ physical or electronic addresses noted on the first
page of this Agreement. Licensee shall inform Apple in writing of any change in Licensee's
physical or electronic address.

15. Governing Law.

This Agreement shall 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. Any litigation or other dispute resolution between the parties
relating to this Agreement shall take place in the Northern District of California. The parties
consent to the personal jurisdiction of, and venue in, the state and federal courts within that
District.

16. Severability.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or
portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the
maximum extent permissible so as to effect the intent of the parties, and the remainder of this
Agreement will continue in full force and effect.

17. Complete Understanding.

This Agreement, including all Exhibits attached and any Addenda made effective pursuant to this
Paragraph 17, constitutes the entire Agreement between the parties concerning the use and
distribution of Apple Software licensed hereunder. Any waiver or amendment of any provision
of this Agreement shall be effective only if in writing and signed by authorized representatives of
both parties.

Understood and Agreed to by the duly authorized representatives of the parties:

LICENSEE: APPLE COMPUTER, INC.

Signature: _____________________ Signature: _____________________

Printed Name __________________ Printed Name: __________________

Title: ________________________ Title: Administrator______________

Date Signed: ___________________ Date Signed: ___________________

(the "Effective Date")

SWL253-022106 6
 EXHIBIT A
THIS EXHIBIT MUST BE COMPLETED BY LICENSEE

1. Licensee Program (Title): ______________________________________

2. Apple Software: _____________________________________________

(Licensee must provide Version number(s)

3. Description of Licensee's Program:

1. Licensee Program (Title): ______________________________________

2. Apple Software: _____________________________________________

(Licensee must provide Version number(s)
3. Description of Licensee's Program:

1. Licensee Program (Title): ______________________________________

2. Apple Software: _____________________________________________

(Licensee must provide Version number(s)

3. Description of Licensee's Program:

Additional Licensee Programs may be listed on a separate page and attached to this Agreement.

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 EXHIBIT B
SAMPLE END-USER LICENSE AGREEMENT

* Please Note

Licensees are required to distribute their Licensee Programs with their own End-User
License that is no less restrictive or materially less protective of Apple's rights in the Apple
Software than the End-User Software License Agreement attached hereto as Exhibit B. Apple
cannot assist you in drafting your license agreement, and these sample documents below are
not meant to be distributed with Licensee's Program(s).

Sample End User License Agreement

Apple Computer, Inc.
Software License Agreement
Single Use License

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, 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 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 Apple Software and do not include any other patents or intellectual property
rights. You 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.

Title and intellectual property rights in and to any content displayed by or accessed through
the Apple 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. This License allows you to install and use

SDA Master 022006 8

one copy of the Apple Software on a single Apple-labeled computer at a time. The Apple
Software 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 authorized or legally permitted to reproduce. This License does not allow the Apple
Software to exist on more than one computer at a time, and you may not make the Apple
Software available over a network where it could be used by multiple computers at the
same time. You 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. Except as and only to the extent expressly
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. 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.

3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may,
however, make a one-time permanent transfer of all of your license rights to the Apple
Software to another party, provided that: (a) the transfer must include all of the Apple
Software, including all its component parts, original media, 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. All
components of the Apple Software are provided as part of a bundle and may not be
separated from the bundle and distributed as standalone applications.

Updates: If an Apple Software update completely replaces (full install) a previously

licensed version of the Apple Software, you may not use both versions of the Apple Software
at the same time nor may you transfer them separately.

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

Academic Copies: If the Apple Software package has an academic label or if you acquired
the Apple Software at an academic discount, you must be an Eligible Educational End User to
use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and
administration attending and/or working at an educational institutional facility (i.e., college
campus, public or private K-12 schools).

4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use
technical and related information, including but not limited to technical information about
your computer, system and application 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 Apple Software. Apple may use this information, as
long as it is in a form that does not personally identify you, to improve our products or to
provide services or technologies to you.

5. 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. Upon the termination of this License, you shall cease all use of the Apple
Software and destroy all copies, full or partial, of the Apple Software.

SDA Master 022006 9

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

7. Disclaimer of Warranties. 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 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE APPLE 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 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.

8. 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 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.

9. Export Control. You may not use or otherwise export or reexport the Apple Software

SDA Master 022006 10

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.

10. Government End Users. The Apple 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. §227.7202-1 through 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.

11. 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.

12. Complete Agreement; Governing 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
subject matter. No amendment to or modification of this License will be binding unless in
writing and signed by Apple. Any translation of this License is done for local requirements
and in the event of a dispute between the English and any non-English versions, the English
version of this License shall govern.

EA0325

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