Apple TV (1st generation) User Manual

Page 19

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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 Unpublished-rights reserved under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.

12. 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.

13. 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.

14. Third Party Acknowledgements.

A. Portions of the Apple Software utilize or include third
party software and other copyrighted material.
Acknowledgements, licensing terms and disclaimers for
such material are contained in the “online” electronic
documentation for the Apple Software, and your use of
such material is governed by their respective terms.

B. Certain software libraries and other third party
software included with the Apple 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 Apple Software.

C. The Apple Software includes certain software
licensed under the IBM Public License Version 1.0
(IPL) or the Common Public License Version 1.0 (CPL).
A copy of the source code for the IPL and CPL licensed
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 IPL AND CPL
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 IPL AND CPL 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

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