IMPORTANT NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and Apple Inc. ("Apple"), governing your use of the Apple software, services, and associated media (collectively referred to as "Software"). By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
1. License Grant
Subject to the terms and conditions of this Agreement, Apple grants you a limited, non-exclusive, non-transferable, revocable license to use the Software on any Apple-branded product that you own or control. This license does not allow you to use the Software on any device that is not owned by you, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
2. Restrictions
You may not, and you agree not to, or enable others to:
Reverse engineer, decompile, or disassemble the Software.
Rent, lease, lend, sell, redistribute, or sublicense the Software.
Copy (except as expressly permitted by this Agreement), modify, or create derivative works of the Software.
Use the Software in any manner that could damage, disable, overburden, or impair Apple’s servers or networks.
3. Updates and Upgrades
Apple may provide updates or upgrades to the Software. These updates may include bug fixes, feature enhancements, or improvements to existing functionalities. Any updates provided by Apple shall be governed by this Agreement unless separate terms accompany the update, in which case those terms shall apply.
4. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Apple if you fail to comply with any term(s) of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.
5. Ownership
The Software is licensed, not sold. Apple retains ownership of the Software, including all intellectual property rights therein. All rights not expressly granted to you are reserved by Apple.
6. Consent to Use of Data
You agree that Apple and its affiliates may collect and use technical data and related information—including but not limited to technical information about your device, system, and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Software. Apple may use this information to improve its products or to provide services or technologies to you.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
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 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.
9. Indemnification
You agree to indemnify and hold Apple, its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of the Software or violation of this Agreement.
10. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Any litigation arising out of or related to this Agreement shall be brought in the courts located in Santa Clara County, California, and you consent to the jurisdiction of such courts.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and Apple with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Apple.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
BY CLICKING "AGREE" OR BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.