SOFTWARE LICENSE AGREEMENT FOR macOS Monterey (2023)

1. General.
A. The Apple software (including boot ROM code), third party software, documentation, interfaces, content, fonts and all data accompanying this License, preinstalled on Apple branded hardware, in storage, removable media, disk hard drive, read-only memory, other media or otherwise (collectively, the “Apple Software”) are provided to you by Apple Inc. (“Apple”) solely for use under Terms licensed, not sold, under this License. Apple and/or Apple's licensors retain title to the Apple Software and reserve all rights not expressly granted to you. You agree that the terms of this License apply to any Apple-branded application software product that may be pre-installed on your Apple-branded hardware, unless such product is accompanied by a separate license. If you do so, you agree to the terms of this license which will govern your use of this product.

B. Apple, in its sole discretion, may make future upgrades or updates to the Apple Software available for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or different models of Apple-branded computers. The terms of this license apply to any software upgrade or update provided by Apple that replaces and/or supplements the original Apple software product, unless such upgrade or update is accompanied by a separate license. In this case, the terms of this license apply.

C. Intellectual property rights and ownership in all Content displayed 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 the terms of use of the third party provider providing the content. Except as expressly provided herein, this license does not grant you any rights to use such content, nor does it guarantee that such content will continue to be available to you. You are prohibited from republishing, rebroadcasting or reproducing as a stand-alone file any Image accessed through News or Maps.

2. Permitted License Uses and Restrictions.
A. Preinstalled, Single Copy Apple Software License. Subject to the terms of this license, you are granted a limited, non-exclusive license unless you obtained the Apple software from the Mac App Store, via an automatic download, or under a volume license, maintenance plan, or other written agreement from Apple licensed to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer. For example, if you purchased Apple software pre-installed on Apple-branded hardware, these Single Copy License Terms apply to you.

B. Mac App Store License. If you obtained a license for the Apple software from the Mac App Store or via automatic download, the terms of that license and the Service and Content Terms of Service apply, as set forth in Apple's Media Services Terms of Service (https://www.apple.com/legal/internet-services/itunes/) (“Usage Rules”) grants you a limited, non-transferable, non-exclusive license:

(i) download, install, use and personally, directly on any Apple-branded computer running macOS Big Sur, macOS Catalina, macOS Mojave, macOS High Sierra, one (1) copy of the Apple Software make commercial use of macOS Sierra, OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computers”) that you own or control;

(ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use by: (a) one person on each of the Mac computers you own or control, or (b) by multiple people on a single shared Mac computer that you own or control. For example, a single employee can use Apple software on both the employee's desktop Mac computer and the employee's Mac laptop, or multiple students can use Apple software serially on a single Mac computer located in a resource center or library; and (iii) install, use and run up to two (2) additional copies or instances of the Apple Software or any earlier macOS or OS X operating system software or any later version of the Apple Software in virtual operating system environments on each computer from as Apple brands that you own or control that already run the Apple Software for the following purposes: (a) software development; (b) testing during software development; (c) use of macOS Server; or (d) personal, non-commercial use.

Except as expressly permitted in Section 3, the grant set forth in Section 2B(iii) above does not permit you to use virtualized copies or instances of the Apple Software in connection with service bureau, timesharing, terminal sharing or any other similar form of Services. Except as expressly permitted in this Section 2B, you may not use the Apple Software to run Apple operating system software, including iOS, iPadOS, watchOS or tvOS, in virtual operating system environments on Mac computers.

C. Volume or Maintenance License. If you acquired the Apple software under an Apple volume or maintenance license program, the terms of your volume or maintenance license determine the number of copies of the Apple software that you may download, install, use and run on Apple-branded computers that you own or control. Unless agreed to in writing by Apple, all other terms of this license apply to your use of Apple software obtained under a volume or maintenance license.

D. System requirements; Apple identification. Please note that the Apple software is only compatible with Apple-branded hardware that meets the system requirements specified by Apple. In addition, in order to use and access certain features of the Apple Software and certain Services (as defined in Section 6), you may be required to request a unique username and password combination known as an Apple ID.

E. Sources. Subject to the terms of this license, you may use the fonts included with the Apple software to display and print content while running the Apple software; However, you can only embed fonts in content if allowed by the embedding restrictions for the font.To ask. These embedding restrictions can be found in the Font Book/View/Show Font Info section.

F. Voices. Subject to the terms of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and designs for your own non-Apple projects. commercial use Use. No other use of the System Voices is permitted under this License, including, without limitation, the use, reproduction, display, performance, recording, publication or redistribution of any of the System Voices in any commercial, non-profit, public or commercial.

G. Photos app features and support. The Apple software's Photos application ("Photos Application") may not support some video and photo formats. Use of some features in the Photos app depends on your camera capabilities. Syncing photos with Apple or third-party apps and services may result in data loss. Graphics, music, and slideshow themes included with Photos are for personal, non-commercial use only in slideshows created with Photos. You may not independently use, extract or distribute, commercially or otherwise, any photographs, images, graphics, artwork, audio, video or similar assets ("Digital Materials") contained in or provided as part of the Photos Application, or otherwise use the Digital Materials outside the context of their intended use as part of the Photos Application.

H. Content Caching Features.
1. To the extent that Apple and/or its affiliates may make certain software and/or content available for caching (eg, "content caching features"), such Apple Eligible Content may be automatically downloaded and stored locally on your Apple-branded computer on which the Apple software is running and cache it locally (for purposes of this section, this Apple-branded computer is referred to as a "cache-enabled Mac"). . By using the content caching features of the Apple Software, you agree that Apple may download and cache such Apple Approved Content on your cache-enabled Mac. You can disable Apple software's content caching features at any time by going to Sharing in System Preferences on your cache-enabled Mac.

2. The content caching features of the Apple Software are for use only on a caching-enabled Mac that you own or control and solely for the purpose of expediting delivery of such qualifying Apple content to authorized end users in your home,Chaseor organization. You understand that these users may be required to authenticate separately with Apple before receiving Eligible Content from Apple and that Apple's accelerated delivery of Eligible Content through the use of your cache-enabled Mac may affect the terms on which you or its end users preserve does not alter the Apple Approved Content.

3. You acknowledge and agree that any use of the Apple Eligible Content is subject to the applicable license terms governing the cached nature of the Apple Eligible Content. These Terms may include, but are not limited to, the Apple Media Services Terms of Service, the iCloud Terms of Service, the iTunes U Trainer Agreement, the iTunes U Software License Agreement and/or the applicable software accompanying the downloaded software, unless: the download was accompanied by its own separate license agreement, in which case the latter would apply. A list of Apple Software License Agreements (SLAs) can be found here:https://www.apple.com/legal/sla/. You acknowledge and agree that using the content caching features and storing Eligible Apple Content on your cache-enabled Mac does not give you any rights other than those granted to you under the applicable license terms for Eligible Apple Content rights and that this does not constitute a grant, waiver or other limitation of any rights by Apple or other copyright owners in Apple's Eligible Content.

4. You may not deploy your caching-enabled Mac with content caching features enabled on a network that you do not own or control (or have the legal right to use for such purposes) or access to allow end-users such Apple Authorized Content outside your home,Chaseor organization. You agree to use the content caching features only for your personal, non-commercial use or for internal use within your organizationChaseor organization, and only as expressly permitted herein. You may not provide any services to third parties that integrate with or utilize services or information provided by the Content Caching Features or use the Content Caching Features in any way.

5. By enabling the Apple Software's content caching features, you allow Apple to store, monitor and secure Apple Content on your cache-enabled Mac and to collect technical information about your cache-enabled Mac and related networks it may use. including but not limited to hardware identifiers and IP addresses for such purposes. You agree not to disable, interfere with, hack Apple's verification, storage or authentication mechanisms, digital signatures, digital rights management or other security mechanisms implemented in or through the Apple Software, Services or Apple Eligible Content. interfere. or other Apple software or technology, or to allow others to do so.

6. Apple reserves the right to stop providing Apple-eligible content for caching on your cache-enabled Mac (for example, some content you may have previously cached may not be available for caching later) and remove any cached Apple permitted content from your cache-enabled Macs at any time, in Apple's sole discretion, and Apple shall have no liability to you in such event. You understand that Apple's cache of Eligible Content may not be available in all countries or regions. You may remove Apple-approved cached content and disable content caching features at any time.

I. Remote Desktop Connections. Subject to the terms of this License, if a remote connection is made from another computer or electronic device (each, a "Device") to an Apple-branded computer running the Apple Software (for purposes of this section, such Apple-branded computer). referred to as "Home Mac"), whether through the screen sharing feature or otherwise:

(i) only one (1) device may remotely connect directly or indirectly at a time to control the graphical desktop session of the Apple Software running and displayed on the Home Mac; AND

(ii) a reasonable number of Devices may connect remotely at the same time solely for the purpose of simultaneously observing the same graphical desktop session of the Apple Software running and displayed on the Home Mac, provided they do not control the Apple software in any path; But

(iii) only one (1) Apple-branded device may remotely connect directly or indirectly at any time to control a separate graphical desktop session of the Apple Software other than that running on the Home Mac and appear, and that connection it can only be done through the Apple software's screen sharing feature.

Except as expressly permitted in this Section 2I or Section 3 or otherwise licensed by Apple, you agree not to use the Apple Software or any of its features in connection with any bureau service, timesharing, terminal sharing or similar types of Services, whether these services are provided within your own organization or for third parties.

J. Other Use Restrictions. The grants set forth in this license do not permit, and you agree not to, install, use or run the Apple Software on any non-Apple computer, or permit others to do so. You agree not to remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained in the Apple Software. Except as permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it may run or used by several computers at the same time. Except as expressly permitted in Section 3, you may not rent, lease, lend, sell, redistribute or sublicense the Apple Software.

K Backup. You may make one copy of the Apple Software (excluding the boot ROM code and other Apple firmware incorporated or otherwise contained in Apple-branded hardware) in machine-readable form for back-up purposes only; provided the backup copy contains all copyright or other proprietary notices contained in the original. The Apple Boot ROM code and firmware are provided for use only on Apple branded hardware, and you may not copy, modify, or redistribute the Apple Boot ROM code or firmware, or any portion thereof.

L. Migration of Existing Software. If you are using the Setup/Migration Wizard to move the software from one Apple-branded computer to another Apple-branded computer, please be aware that continued use of the original copy of the Software may be prohibited after copying to another computer, unless you already have a licensed copy of that software on both computers. You should review applicable software license agreements for applicable terms. Third-party software and services may not be compatible with this Apple software, and installing this Apple software may affect the availability and usability of such third-party software or services.

M. Open source. Certain components of the Apple Software and third-party open source programs included in the Apple Software have been or may be published by Apple on its open source website (https://www.opensource.apple.com/) (collectively, the “Open Source Components”). You may only modify or replace these open source components; provided that: (i) the resulting modified Apple Software is used in place of the unmodified Apple Software on Apple-branded computers that you own or control, provided that each Apple computer contains a properly licensed copy of the Apple Software; and (ii) otherwise comply with the terms of this License and any applicable license terms governing your use of the Open Source Components. Apple is under no obligation to provide updates, maintenance, warranty, technical or other support or services for the resulting Modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the open source components of the Apple Software, such failure or damage is excluded from the terms of the Apple Hardware Warranty.

N. No reverse engineering. You may not, and you agree not to, or allow others to copy (except as expressly permitted by this License or the Acceptable Use Policy, if applicable to you), decompile, reverse engineer, disassemble, attempt, derive the source code , decrypt, modify or create derivative works of the Apple Software or any service provided by the Apple Software or any part thereof (except and only to the extent that the foregoing restrictions are imposed by applicable law or the license terms governing the use of referenced components of Open that may be included with Apple software).

O. Compliance with Laws. You agree to use the Apple Software and Services (as defined in Section 6 below) in accordance with all applicable laws, including the local laws of the country or region where you reside or where you use the Apple Download or software and services. Apple software and service features may not be available in all languages ​​or regions, and some features may vary by region. Some Apple software features and services require an Internet connection.

Q. Third Party Software. Apple has provided access to certain third-party software or services as a convenience as part of the Apple software package and may be an upgrade, update or supplement to the Apple software. To the extent the Apple Software includes or provides access to any third party software or service, Apple has no express or implied obligation to provide technical or other support for such software or service. Please contact the applicable software vendor, manufacturer or service provider directly for technical support and customer service related to their software, service and/or products.

F. Automatic Updates. The Apple Software periodically checks with Apple for updates to the Apple Software. If an update is available, it can be automatically downloaded and installed on your computer and peripherals, if any. By using the Apple software, you agree that Apple may automatically download and install updates for your computer and peripherals. You can disable automatic updates entirely at any time by changing your automatic update settings in System Preferences.

R. System character. Subject to the terms of this License, you may use the Memoji characters included in or created with the Apple Software (“System Characters”): (i) while running the Apple Software; and (ii) to create your own original content and designs for your personal, non-commercial use. No other use of the System Characters is permitted under this License, including but not limited to the use, reproduction, display, performance, recording, publication or redistribution of any of the System Characters in any commercial, non-profit, public or commercial .

3. Lease for Permitted Developer Services.
The Leases. You may lease or fully sublease a validly licensed version of the Apple Software to an individual or entity (each, a “Lessee”), provided that all of the following conditions are met:

(i) Software leased by Apple may be used solely for the purpose of providing Permitted Developer Services, and each renter must read and agree to be bound by the terms of this License;

(ii) each rental period must be at least twenty-four (24) consecutive hours;

(iii) during the lease period, end user renter shall have sole and exclusive use and control of the Apple software and the Apple branded hardware on which it is installed, except that you, as the party that owns the Apple - Software leases (“Lessor ”), may provide administrative support for the Apple Software; AND

(iv) before using the Apple Software, end user renter must read and accept the terms applicable to any software preinstalled on the Apple Software, including but not limited to Apple's Xcode development software and any other software from Apple or Third Party Programs.

For purposes of this Section 3: (A) End User Tenant means a tenant who is the end user who ultimately uses the Leased Apple Software solely for Permitted Developer Services; and (B) Permitted Developer Services means continuous integration services, including but not limited to software development, building software from source, automated testing during software development, and running developer tools necessary to support such activities . Each Lessor must notify Apple in advance before renting or subleasing the Apple Software under this Section 3 by contacting Apple's Developer Relations Department (https://developer.apple.com/contact/macos-license/).

B. Sublease. A lessee may sublease the Apple Software under this Section 3, provided it meets all of the terms of this Section 3. A lessee who subleases the Apple Software (who is also considered a lessor under this Section 3) must relinquish exclusive use and control of the lessee about the Apple Software and the Apple-branded hardware on which it is installed during the rental period.

C. Execution. As a Landlord, you are responsible for: (i) ensuring that each Tenant meets the requirements of this Section 3; (ii) ensure that each tenant agrees to all applicable license terms; and (iii) help Apple enforce these Terms. If a tenant violates this License or any applicable Apple license terms, your rights to use the Apple Software will automatically terminate, and you agree to terminate such tenant's use of the Apple Software immediately upon learning or for any breach, Apple will be notified in writing of any breach.

D. Virtualization. For each copy of the Apple Software subject to a lease under this Section 3, a lessor or a lessee (but not both) may install, use, and install additional copies or instances of the Apple Software in virtual operating system environments in accordance with Section 3 perform 2B(iii), provided that a Lessor may only virtualize a single instance or copy of the Apple Software as a delivery tool to enable a Lessee to access and use the Apple Software in accordance with this Section 3.

E. System Configuration. If you are a renter, you acknowledge that the Apple Software may have been preconfigured by the lessor who rents the Apple Software to you, including your choice of analytics, location services and other security, privacy and data collection preferences. You acknowledge and agree that Apple is not responsible for Apple Software Owner's configuration.

4. Transmission.
A. If you purchased Apple software preinstalled on Apple-branded hardware, or if you acquired your license to Apple software from the Mac App Store or through a software upgrade, you are entitled to a single perpetual license for all your license rights transfer the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred along with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all of its components and this License; (iii) you retain no copies of the Apple Software, in whole or in part, including copies stored on any computer or other storage device; and (iv) the party receiving the Apple Software has read and agrees to accept the terms of this license. For purposes of this License, if Apple provides an update (eg, version 10.14 to 10.14.1) to the Apple Software, the update is considered part of the Apple Software and cannot be separated from Apple's pre-update version to be downloaded Programs.

B. You may not transfer any Apple Software that has been modified or replaced pursuant to Section 2M above. All Apple software components are provided as part of a package and may not be separated from the package and distributed as standalone applications. Please note that Apple software provided with a particular Apple-branded hardware product may not work on other Apple-branded hardware models.

C. Any copy of the Apple Software that Apple may make available for promotional, evaluation, diagnostic or recovery purposes may only be used for that purpose and may not be resold or transferred.

5. Consent to Data Use. When you use Apple software's various communication features, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain of your computer's unique identifiers and your iPhone phone number Sent to Apple so others can contact you. If you use iMessage, Apple may store your messages in encrypted form for a limited period of time to ensure delivery. You can turn off FaceTime or iMessage by going to FaceTime or Messages preferences on your Mac. Location, Siri, Dictation, and Spotlight services may require information from your computer to provide their respective functions. If you enable or use these features, details are provided about what information is sent to Apple and how the information may be used. You can find out more by visitinghttps://www.apple.com/privacy/. Your data will always be treated in accordance with Apple's privacy policy, which you can consult here:https://www.apple.com/legal/privacy/.

6. Third Party Services and Materials.
A general. The Apple Software may enable access to Apple's iTunes Store, Mac App Store, Apple Books, Game Center, iCloud, Maps, News and other Apple and third-party services and websites (collectively and individually, "Services"). Internet access is required to use these services, Apple ID may be required to use certain services, you may be required to accept additional terms, and you may be subject to additional fees. By using this software in conjunction with an Apple ID or other Apple services, you agree to the terms of use applicable to that service, such as: that you can access and viewhttps://www.apple.com/legal/internet-services/itunes/.

B. If you sign in to iCloud, you can access certain iCloud features such as iCloud Drive, My Photo Stream, Shared Albums and Find My directly from Apple software. You acknowledge and agree that your use of iCloud and these features is subject to the most recent Terms of Service for the iCloud Service, which you can access and view at:https://www.apple.com/legal/internet-services/icloud/.

C. News Application Content. Your use of any Content accessed through the News Application is limited to your personal, non-commercial use only, does not transfer to you any ownership rights in the Content, and expressly and without limitation disclaims any commercial or promotional use rights of such Content.

Cards D. Map service and Apple software features ("Maps"), including map data coverage, may vary by region. If you enable or use Maps, details are provided about what information is sent to Apple and how the information may be used. You acknowledge and agree that your use of Maps is subject to the most recent Maps Service Terms of Service, which you can access and view in the sidebar of the Maps Application.

E. You understand that when using any of the Services, you may encounter content that may be considered offensive, indecent or otherwise objectionable, which content may or may not be flagged as indecent language, and that the results of a search or entry from a particular URL may automatically and unintentionally generate links or references to objectionable material. However, you agree that you use the Services at your own risk and that Apple, its affiliates, agents, directors or licensors shall have no liability to you for any Content that you may find offensive, indecent or otherwise objectionable.

F. Certain Services may display, contain or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials or websites. third party is responsible. Apple, its directors, affiliates and subsidiaries make no warranty, endorsement, obligation or liability to you or anyone else for any third party service, material or website, or for any other third party material, product or service. Third party materials and links to other websites are provided for your convenience only.

G. Neither Apple nor any of its content providers guarantee the availability, accuracy, completeness, reliability or timeliness of inventory information, location data, health information or other data displayed by the Services. Financial information displayed by the Services is for general informational purposes only and should not be construed as investment advice. Before executing any securities transaction based on information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to provide financial or securities advice in your country or region. Location Data provided by the Services, including the Apple Maps Service, is provided for basic navigation and/or planning purposes only and is not intended to be used in any situation where precise location information is required or where inaccurate information Inaccurate, late, or incomplete location data may result in death, personal injury, property damage, or environmental damage. You agree that results received from the Map Service may vary due to factors that may affect the accuracy of map data, such as: B. Weather, road and traffic conditions, and geopolitical events may differ from actual road or terrain conditions. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic laws, and be aware that bicycle and pedestrian directions may not include designated routes.

H. To the extent that you upload content through use of the Services, you represent that you own all rights to such content or are authorized or permitted by law to upload such content and that such content does not violate the Terms of Service applicable to the Services. You agree that the Services contain copyrighted content, information and materials owned by Apple, Site Owner or their licensors and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use any copyrighted content, information or material except for authorized use of the Services or in a manner inconsistent with the terms of this License or in violation of the intellectual property rights of others or Apple. No part of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services in any way, and you may not use the Services in any unauthorized manner, including, but not limited to, using the Services to transmit computer viruses, worms, Trojan horses or other malware, or by unauthorized intrusion or overloading of network capacity. You further agree that you will not use the Services in any way to harass, abuse, stalk, threaten, defame or otherwise violate or violate the rights of any other party, and that Apple will not be liable in any way for such use by you. is responsible for any offensive, threatening, defamatory, abusive, infringing or unlawful messages or transmissions that you may receive as a result of using any of the Services.

I. In addition, such Services and Third Party Materials may not be available in all languages ​​or in all countries or regions. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent that you decide to use or access such Third Party Services or Materials, you do so on your own initiative and are responsible for compliance with all applicable laws, including but not limited to applicable local laws and data protection and collection data laws. Apple and its licensors reserve the right to change, suspend, remove or disable access to any Services at any time without notice. In no event will Apple be responsible for removing or disabling access to such services. Apple may also restrict use of or access to certain Services in any event and without notice or liability.

7. Termination. This license is valid until terminated. Your rights under this License will automatically terminate or become ineffective without notice from Apple if you fail to comply with any term or condition of this License. Upon termination of this License, you will cease all use of the Apple Software and destroy all copies, in whole or in part, of the Apple Software. Sections 5, 6, 7, 8, 9, 10, 12, 13 and 14 of this License will survive such termination.

8. Disclaimer of Warranties.
A. If 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 that would prohibit the following restrictions from applying to you, and where prohibited, they do not apply to you. To find out more about entitlements, you should contact a local consumer advice centre.

B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT REMAINS WITH YOU.

C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLE'S SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY , "APPLE " FOR THE PURPOSE OF SECTIONS 8 AND 9), YOU DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR SATISFACTORY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET USE AND NON-INFRINGEMENT.

D. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE OR THE SERVICES PERFORMED OR AVAILABLE THROUGH THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE AND APPLE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL SERVICES WILL CONTINUE TO BE PROVIDED THAT DEFECTS IN APPLE'S SOFTWARE OR SERVICES WILL BE CORRECTED OR THAT APPLE'S SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH OR WITH THIRD-PARTY SOFTWARE, APPLICATIONS OR SERVICE PROVIDERS. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES, OR APPLE PRODUCTS AND SERVICES.

E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN ANY SITUATION OR ENVIRONMENT IN WHICH THE FAILURE OR DELAY OR ERROR OR INACCURACY IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE OR DEATH, PERSONAL SERIOUS INJURY OR DAMAGE TO THE BODY OR THE ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS MAY RESULT IN THE SERVICES PROVIDED.

F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD APPLE'S SOFTWARE OR SERVICES 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.

9. Limitation of Liability. TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS OR CUSTOMERS BE LIABLE FOR ANY PERSONAL OR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES FOR LOST PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSFER OR LOSS OF DATA OR INFORMATION (INCLUDING, BUT NOT LIMITED TO, CORRECTION INSTRUCTIONS, TASKS AND MATERIALS), BUSINESS INTERRUPTION OR OTHER DAMAGE OR LOSS OF BUSINESS ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, ANY APPLE SOFTWARE OR SERVICES, OR SOFTWARE, APPLICATIONS OR SERVICES PROVIDED BY APPLE SOFTWARE OR SERVICES IN CONNECTION WITH APPLE SOFTWARE OR SERVICES WHICH ARE CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INFRINGEMENT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's aggregate liability to you for all damages (except as required by applicable law in personal injury cases) exceed two hundred and fifty dollars ($250.00 USD). The foregoing limitations apply even if the above remedy fails of its essential purpose.

10. Digital Certificates. Apple software includes features that allow you to accept digital certificates issued by Apple or third parties. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER TO RELY ON A CERTIFICATE ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY OR NON-INFRINGEMENT WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any Certificate; (b) You will use digital certificates only for lawful purposes and in accordance with all applicable certification policies, certification practicesopinionor other disclosures of the certification body's business practices; (c) you are solely responsible for preventing unauthorized users from using your digital certificates; (d) you are solely responsible for preventing unauthorized users from using the private key associated with your digital certificate; and (e) you will revoke any of your Certificates that you have reason to believe have been compromised. For Apple's Certificate Policy and Certificate Practice Statements, see:https://www.apple.com/certificateauthority.

11. Export control. You may not use or otherwise export or re-export the Apple Software, except as permitted by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. Specifically, but not limited to, the Apple Software may not be exported or re-exported (a) to US embargoed countries or (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or Commerce Department Denied Persons US List or Entity List or other restricted party lists. 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 the Apple Software for any purpose prohibited by US law, including but not limited to the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

12. Government End Users. The Apple Software and related documentation are “Commercial Items” as that term is used at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. According to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government End Users (a) as commercial items only and (b) with the rights granted to everyone else. Users are subject to the terms and conditions contained herein. Unpublished rights reserved under United States copyright laws.

13. Governing Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, USA, except for its conflict of laws principles. This license is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a UK resident consumer, the laws of your jurisdiction of residence will govern this License. If, for any reason, a court of competent jurisdiction finds any provision or part thereof to be unenforceable, the remainder of this License will remain in full force and effect.

14. Entire Agreement; dominant language. This License constitutes the entire agreement between you and Apple regarding the Apple Software and supersedes any prior or contemporaneous agreements relating thereto. No changes or modifications to this License are binding unless in writing signed by Apple. Any translation of this License is prepared for local needs and, in the event of a dispute between the English version and any other language version, the English version of this License will control, except where prohibited by local law in your jurisdiction.

15. Third Party Confirmations.
A. Portions of the Apple Software may use or contain third party software and other copyrighted material. Acknowledgments, license terms and disclaimers for such material are contained in the Apple software electronic documentation, and your use of such material is governed by those terms. Use of the Google Safe Browsing service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and Google's privacy policy (https://www.google.com/intl/en/policies/privacy/).

B. Certain software libraries and other third party software included in 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 licensed . You may obtain a complete machine-readable copy of the source code of such free software under the terms of the GPL or LGPL, as applicable, free of charge, excluding media, shipping and handling charges, upon written request to Apfel atopensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY OF ANY KIND, including, without limitation, the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple software.

C. Using MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License to encode in accordance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties for encoding in connection with (i) data physically stored or replicated are paid-tracking media and/or (ii) data that is paid-for tracking and transmitted to an end user for permanent storage and/or use. This additional license may be obtained from MPEG LA, LLC. To seehttps://www.mpegla.comfor more details.

This product is licensed under the MPEG-4 Visual Patent Portfolio License for personal, non-commercial use by a consumer to (i) encode video in compliance with the MPEG-4 Visual Standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video encoded by a consumer pursuing a personal, non-commercial activity and/or obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or implied for any other use. Additional information, including information on promotional, internal and commercial licenses and uses, is available from MPEG LA, LLC. To seehttps://www.mpegla.com.

Warning D. H.264/AVC. To the extent that the Apple Software includes AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following conditions apply: THE AVC FUNCTIONALITY IN THIS PRODUCT IS PROVIDED HEREIN FOR PERSONAL AND NON-COMMERCIAL PURPOSES LICENSED USE BY A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO ENCODED BY A CONSUMER WHICH WAS A PERSONAL AND NON-COMMERCIAL BUSINESS AND/OR AVC MAKES VIDEO OBTAINED FROM A VIDEO PROVIDER LICENSED TO MAKE AVC VIDEOS AVAILABLE. FOR INFORMATION ON OTHER USES AND LICENSES, PLEASE CONTACT MPEG LA L.L.C. TO SEEHTTPS://WWW.MPEGLA.COM.

E. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding feature in this product is not licensed to conduct cellular voice calls or for use in telephony products based on the QuickTime architecture for the Windows platform. Furthermore, the AMR encoding and decoding functionality in this product is not licensed for use in any cellular infrastructure, including: base stations, base station controllers/radio network controllers, central offices, and gateways to and from the public switched network.

F. FAA Notice. Aircraft attitude display data and national airspace system status information displayed through the Apple software (collectively, "Flight Data") is generated by the Federal Aviation Administration. You agree not to release flight data without prior written consent from the FAA. The FAA and Apple disclaim all warranties, express or implied (including the implied warranties of merchantability and fitness for a particular purpose) regarding the use and accuracy of the flight data. You agree that the FAA and Apple shall not be liable, collectively or individually, for any loss, damage, claim, liability, cost or penalty, or for any indirect, special, secondary, incidental or consequential damages arising out of any use of the User Data. Flight. Apple software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or operational traffic flow problems.

G. Use of Adobe Color Profiles. You are permitted to use the Adobe Color Profile software included with the Apple Software pursuant to this license, but Adobe is under no obligation to provide support for the color profiles below, including any updates or future versions of the profiles or otherwise. In addition to the provisions of Sections 8 and 9 above, IN NO EVENT SHALL ADO BE LIABLE FOR ANY DAMAGES, CLAIMS OR EXPENSES. The Adobe Color Profile software distributed with the Apple software can also be downloaded from Adobe athttps://www.adobe.com.

H. Gracenote® End User License Agreement. This application or device contains software from Gracenote, Inc. of Emeryville, California ("Gracenote"). Gracenote software (the "Gracenote Software") enables this Application to identify discs and/or files and retrieve music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers or data incorporated to maintain databases (collectively “Gracenote Servers”) and to perform other functions. You may only use Gracenote Data using the intended end-user functionality of that application or device.

You agree that you will use Gracenote Data, the Gracenote Software and the Gracenote Servers for your personal, non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or Gracenote Data to any third party. YOU AGREE NOT TO USE OR USE THE GRACENOTE DATA, THE GRACENOTE SOFTWARE OR THE GRACENOTE SERVERS EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use Gracenote Data, Gracenote Software and Gracenote Servers will terminate if you violate any of these restrictions. If your license ends, you agree to cease all use of the Gracenote Data, the Gracenote Software, and the Gracenote Servers. Gracenote retains all rights in Gracenote Data, Gracenote Software and Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote be liable for payment for any information you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly on its own behalf.

The Gracenote service uses a unique identifier to track requests for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about you. For more information, see the Gracenote Privacy Policy page for the Gracenote Service.

The Gracenote Software and all Gracenote Data are licensed to you on an "AS IS" basis. Gracenote makes no representations or warranties, express or implied, as to the accuracy of Gracenote Data on Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote servers or change categories of data for reasons Gracenote deems sufficient. There is no guarantee that the Gracenote Software or the Gracenote Server will be error-free or that the Gracenote Software or the Gracenote Server will function without interruption. Gracenote is under no obligation to provide you with new types or categories of enhanced or additional data that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GRACENOTE DOES NOT GUARANTEE THE RESULTS TO BE OBTAINED FROM YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO EVENT SHALL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOST PROFITS OR REVENUES.

16. Yahoo Search Service Restrictions. The Yahoo search service available through Safari is only licensed for use in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, Mainland China, Hong Kong Kong, Taiwan, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia , Lithuania , Luxembourg , Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Saint Lucia, St. Vincent, Sweden, Switzerland, Thailand, Bahamas, Trinidad and Tobago, Turkey, Great Britain, Uruguay, USA and Venezuela.

EA1775
16.08.2021

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Apple Pay Supplemental Terms and Conditions

These Apple Pay Supplemental Terms and Conditions (the "Supplemental Terms") supplement the macOS Software License Agreement (the "License"); Both the License terms and these Supplemental Terms govern your use of the Apple Pay feature, which is considered a "Service" for purposes of the License. Capitalized terms used in these Additional Terms have the meaning set forth in the License.

1. Overview and Usage Restrictions

Apple Pay allows you to store virtual representations of credit, debit and prepaid cards, including Apple Card, that support the Apple Pay feature ("Supported Cards") and use supported Macs to make payments on websites you start or run. The Apple Pay features of the Apple Software may only be available in select regions, card issuers, payment networks and retailers. Features may vary by region, exhibitor and retailer. Supported maps may change from time to time.

Apple Pay is for your personal use and you can only provide your own supported cards. If you provide a supported corporate card, you represent that you are doing so with your employer's permission and that you have the right to bind your employer to these Terms of Service and any transactions carried out through your use of this feature.

You agree not to use Apple Pay for any illegal or fraudulent purpose or any other purpose prohibited by the License and these Supplemental Terms. You also agree to use Apple Pay in accordance with applicable laws and regulations. You agree not to use the Apple Pay Service (including accessing the Service through automated means) or servers or networks connected to the Service or any policies, requirements or regulations of any network connected to the Service (including unauthorized access, use or monitoring of data or traffic ).

2. Use em Macs

You can use Apple Pay on supported Macs to initiate payments on websites accessed through Safari. This feature requires a compatible card provided for a compatible iOS device or Apple Watch ("Compatible Devices"). When checking out on a website using Apple Pay, you must authorize the transaction using a supported device.

In addition to the terms set forth in these Additional Terms, your use of Apple Pay to initiate payments on websites accessed through Safari is subject to the Apple Pay Additional Terms applicable to your Supported Devices, which terms are hereby incorporated by reference and defined ahead, which you can access by going to Settings > General > About > Legal > License on your iOS device or About > Legal > License via the Watch app on a paired iOS device. Supported devices may change from time to time.

On a MacBook Pro with built-in Touch ID, you can set up Apple Pay by providing compatible cards and use Apple Pay to make payments on websites accessed through Safari. To use Apple Pay on these Macs, you must have compatible cards linked to an active iCloudAccount. Apple Pay is only available to individuals 13 years of age or older and may be subject to additional age-based restrictions imposed by iCloud or the applicable card issuer of your Supporting Cards.

3. Apple's relationship with you

Apple does not process payments and has no other control over any payment, return, refund, bonus, value, rebate or other commercial activity that may result from the use of this feature.

The terms of any cardholder agreements you may have with your card issuer will continue to govern your use of your Supported Cards and their use in connection with Apple Pay. Likewise, the purchase of goods or services through the Apple Pay feature is subject to the merchant's terms and conditions.

The Apple Card is only available in the United States and is issued by Goldman Sachs Bank USA, Salt Lake City Branch (“Apple Card Issuer”). If you're applying for an Apple Card, you're applying for aAccountat your Apple Card issuer. Apple Card is only available to those over 18 (depending on the state). The financial institution responsible for offering the Apple Card may change, and your use of the Apple Card is subject to its terms and conditions.

Nothing in the License or these Supplemental Terms alters the terms of any cardholder or merchant agreement or other terms applicable to your use of Apple Pay features, and those terms govern your use of the applicable Apple Pay feature and its virtual representation in your Mac Compatible.

You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for (a) the content, accuracy or unavailability of any payment card, business activity, transaction or purchase made while using the Apple Pay feature; (b) loan or credit assessment; (c) provisioning decisions by an issuer, merchant or other third party relating to a Supporting Card; (d) earn or redeem rewards or stored value in any Merchant Program; or (e) financing or recharging prepaid cards. For any dispute orQuestionsabout payment cards or related business activities, please contact your issuer or the relevant merchant.

4. Privacy

When you use Apple Pay to initiate a payment transaction to be completed on a compatible device, Apple Pay transfers payment information in an encrypted format between your Mac and the compatible device to complete your transaction. When you use Apple Pay for a payment transaction on a MacBook Pro with built-in Touch ID, your payment information is sent to the site in an encrypted format as part of that transaction. Adding a card to Apple Pay on a MacBook Pro with Touch ID built-in displays information about your device, such as: B. whether certain device settings are enabled and device usage patterns (for example, ) are sent to Apple to determine your eligibility and avoid fraud. For detailed information about the Personal Information collected, used or shared as part of your use of Apple Pay, please see the relevant service-specific privacy notice, including About Apple Pay and Privacy, which you can access on your iOS device or Mac , or in the Watch app on a paired iOS device or by visitinghttps://www.apple.com/legal/privacy. By using Apple Pay, you consent to the transfer, collection, maintenance, processing and use of all foregoing information by Apple and its affiliates and agents to provide Apple Pay functionality.