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Managing Organization

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Apple Inc. iPOD软件许可使用协议 单一使用许可证

请先仔细阅读本软件许可协议("许可证")才使用阁下的iPOD或下载附随本许可证的更新软件。阁下一使用iPOD或下载附随本许可证的更新软件(视适用而定),即表示同意接受本许可证的条款约束。如阁下不同意本许可证的条款,请勿使用iPOD或下载本更新软件。如阁下不同意许可证条款及没有使用iPOD,可将iPOD交还购取iPOD的APPLE专卖店或授权分销商以取得退款,但须符合APPLE的退货政策规定,该政策载于http://www.apple.com/legal/sales_policies/。

1. 一般规定 连同阁下的iPod提供并可以Apple提供的更新软件或系统还原软件予以更新或取代的软件(包括启动只读存储器代码和其它嵌入式软件)、界面、内容、字体、文件及任何数据,不论是储存于只读存储器、任何其它载体或属任何其它形式(统称"iPod软件"),是由Apple Inc.("Apple")许可阁下使用而非售予阁下,而且阁下只可根据本许可证的条款加以使用。 Apple及其许可人保留对iPod软件本身的所有权,并保留一切并未明确授予阁下的权利。

Apple可就阁下iPod的软件酌情提供未来更新,这些更新(如有的话)未必包含Apple就较新型号iPod发行的所有现有软件功能或新的功能。

2. 允许的许可使用方式和限制
(a) 本许可证允许阁下在单一台iPod上使用iPod软件。本许可证并不允许iPod软件在任何一个时候存在于一台以上iPod,而且阁下不得在网络上提供iPod软件,以致iPod软件在同一时间可供多台装置或多台计算机使用。本许可证并不授予阁下使用Apple拥有专有权的界面及其它知识产权以设计、开发、制造、授予许可或分发第三方装置与配件连同iPod使用的任何权利。在获得Apple的另行许可下,可使用其中某些权利。详情请发电子邮件至madeforipod@apple.com".

(b) 对于Apple 可能提供给人下载的iPod更新软件和系统还原软件("iPod更新软件"),阁下承认一些iPod更新软件或其中任何部分可能为特定型号或世代的iPod所独有,未必提供给iPod所有型号。在必须遵守本许可证条款和条件的情况下,阁下获授予下载Apple可能提供给阁下iPod型号的iPod更新软件的有限的、非独家许可证,以更新或还原由阁下拥有或控制的任何iPod上的软件。本许可证并不允许阁下更新或还原不受阁下控制的或并非阁下拥有的iPod,而且阁下不得在网络上分发或提供iPod软件,以致iPod更新软件在同一时间可供多台装置或多台计算机使用。嘎只可胃份目的对击可读形式4制一份存储於阁下的计算荒iPod更新软件,但该备份副本必须带有原件上所载的一切著作权或其它专有权的提示。

(c) 除本许可证或适用法律明示允许之外,阁下不得复制、反汇编、倒序制造、拆装、企图导出其源代码、解码、修改iPod软件、iPod更新软件或其任何部分或制造其衍生作品。任何该等企图均违反Apple及iPod软件和iPod更新软件许可人的权利,如阁下违反此限制,可能受到检控及须要作出赔偿。阁下在iPod存储内容,亦即复制其数字副本。在有些国家地区,未得权利持有人事先批准,复制数字副本概属违法。iPod软件和iPod更新软件可用于复制材料,只要该等使用限于复制没有著作权材料、阁下享有著作权的材料或授权阁下或合法允许阁下复制的材料。iPod韧iPod更新软件并非专为用于操作核子设施、飞机导航或通信系统、空中交通管制系统、生命维持机器或其它设备而设计。在上述设施、系统、机器或设备上使用iPod软件或iPod更新软件,如果iPod软件或iPod更新软件出现故障,可能会导致人身伤亡或严重的有形或环境损害。

(d) 阁下在iPod存储内容,亦即复制其数字副本。在有些国家地区,未得权利持有人事先批准,复制数字副本概属违法。iPhone软件和iPod更新软件可用于复制材料,只要该等使用限于复制没有著作权材料、阁下享有著作权的材料或授权阁下或合法允许阁下复制的材料。

(e) 阁下同意依照所有适用法律使用iPod软件以及服务(定义见以下第5条),此等法律包括阁下所居住或者下载或使用iPod软件和更新的国家或地区的当地法律。

3. 转让
(a) 阁下不得出租、租赁、出借、再分发或再许可iPod软件,但阁下可就转让阁下对iPod的所有权,将阁下对iPod软件的一切许可使用权一次性地永久转让予另一方,条件是:(a)转让内容必须包括阁下的iPod和全部iPod软件,包括其所有组成部分、原载体、印刷品及本许可证;(b)阁下不得保留iPod软件的全部或部分复制本,包括储存于计算机或其它存储装置的复制本;及(c)接受iPod软件的一方已阅读并同意接受本许可证的条款和条件。

(b) 对于iPod更新软件,阁下不得出租、租赁、出借或再许可该iPod更新软件,但阁下可就已安装iPod更新软件的计算机或iPod之转让,而将阁下对iPod更新软件的一切许可使用权一次性地永久转让予另一方,条件是:(a)转让内容必须包括阁下的计算机或iPod(视适用而定),以及全部iPod更新软件,包括其所有组成部分、原载体、印刷品及本许可证;(b)阁下不得保留iPod更新软件的全部或部分复制本,包括储存于计算机或其它存储装置的复制本;及(c)接受iPod更新软件的一方已阅读并同意接受本许可证的条款和条件。

4. 终止 本许可证在其终止之前有效。如阁下未能遵守本许可证中的任何条款,本许可证下阁下的权利将自动终止,而无需Apple另行通知。在本许可证终止时,阁下应停止对iPod软件和iPod更新软件的任何使用行为。本许可证第5、6和9条在如此终止后继续有效。

5. 不作出担保
(a) 如阁下是消费者客户(指在阁下的行业、业务或专业以外使用iPod软件的人) ,阁下在居住国可能享有法定权利,禁止以下限制适用于阁下。这些限制若被禁止即不适用于阁下。要进一步了解相关的权利,阁下应联系当地的消费者咨询组织。

(b) 阁下明确认识到并同意,就阁下对iPOD软件和iPOD更新软件的使用,阁下须自担风险,而有关质量满意度、性能、准确性及努力等方面的全部风险均由阁下承担。安装此软件可能影响第三方软件的可用性。在适用法律允许的最大范围内,iPOD软件和iPOD更新软件是"按现状"提供的,附有一切瑕疵而不带有任何种类的担保;APPLE和 APPLE的许可人(为第5、6条目的统称为" APPLE ")特此否认就iPOD软件和iPOD更新软件提供任何明示、默示或法定担保和条件,这包括但不限于有关适销性、质量满意度、适合作某特定用途、准确性、不受干扰地享用及不侵害第三方权利的默示担保和/或条件。APPLE并不担保阁下可不受干扰地享用iPOD软件和iPOD更新软件,iPOD软件和iPOD更新软件包含的功能会符合阁下的要求,iPOD软件和 iPOD更新软件将不受干扰地操作而且毫无错误,或iPOD软件和iPOD更新软件的瑕疵将被纠正。

(c) APPLE或APPLE授权代表给予的口头或书面的信息或意见均不构成任何担保。如发现iPOD软件或更新软件存有瑕疵,阁下须承担所有必要的维修、修理或纠正的全部费用。有些国家地区不允许排除默示担保或对消费者的适用法定权利加以限制的做法,因此上述排除和限制可能并不适用于阁下。

6. 责任限制 在法律不禁止的范围内,在任何情况下,对由于阁下使用或无法使用iPOD软件和 iPOD更新软件所引起或与此有关的任何人身伤害或任何附带的、特别的、间接的或后果性的损害赔偿,包括但不限于利润损失、资料损失、业务中断的损害赔偿或任何其它商业损害赔偿或损失,无论其成因及基于何种责任理论(合同、侵权或其它),APPLE概无须负责,即使APPLE已知悉可能发生上述损害赔偿的话。有些国家地区不允许对人身伤害,或附带或后果性损害赔偿附加责任限制,因此此项限制可能并不适用于阁下。在任何情况下,APPLE就所有损害赔偿对阁下承担的全部责任(不包括在涉及人身伤害的情况中根据适用法律规定而作出的损害赔偿)不应超过美金五十元($50.00)。即使前述救济失去其基本作用,上述责任限制仍将适用。

7. 出口控制 除美国法律及获得iPod软件和iPod更新软件的所在国家地区的法律授权外,阁下不得使用或以任何方式出口或转口iPod软件或iPod更新软件。特别是(但不以此为限) iPod软件或iPod更新软件不得出口或转口(a)到任何遭美国禁运的国家,或(b)给美国财政部的特别指定国民名单或美国商务部的被禁人士或机构名单上任何人士。阁下使用iPod软件和iPod更新软件,即表示阁下声明和保证阁下并非位于上述任何国家,或列入上述任何名单。阁下并同意不会使用iPod软件或iPod更新软件于美国法律禁止使用的任何目的,包括但不限于发展、设计、制造嫉⒑俗印⒒Щ蛏镂淦鳌

8. 政府最终用户 iPod软件、iPod更新软件和有关文件均属"商业项目",该词定义见48 C.F.R. §2.101,包含"商用计算机软件"和"商用计算机软件文档",定义见48 C.F.R. §12.212或48 C.F.R. §227.7202,以适用者为准。在符合48 C.F.R. §12.212或48 C.F.R. §227.7202-1至227.7202-4(以适用者为准)的规定下,商用计算机软件和商用计算机软件文档(a)只作为商业项目许可美国政府的最终用户使用,及(b)只附有根据本许可证条款和条件授予所有其它最终用户的权利。Apple根据美国的著作权法律保留任何未经发布的权利。

9. 管辖法律和可分割性 本许可证受美国加利福尼亚州法律管辖并按该等法律解释, 犹如美国加利福尼亚州居民之间订立并全部在加利福尼亚州境内履行的协议一般。本许可证不受《联合国国际货物销售合同公约》管辖,其对本许可证的适用在此明确排除。如阁下是英国消费者,本许可证将受对阁下居住国家地区具司法管辖权的法律管辖。如果基于任何原因, 具有合法管辖权的法院裁定本许可证的任何条款或其任何部分不可被强制执行,本许可证的其余规定应继续充分有效。

10. 第三方受益人 谨此通知阁下, 在阁下的iPod载有PortalPlayer 软件的范围内,PortalPlayer, Inc. (一家位於3255 Scott Boulevard, Building 1, Santa Clara, California 95054, USA 的加利福尼亚州公司)是本许可证的第三方受益人。本许可证除 Apple 外亦可由 PortalPlayer 就该软件强制执行。

11. 全部协议;管辖语言 本许可证构成双方有关本许可证许可使用的iPod软件和iPod更新软件的全部协议,并取代与该标的事项有关的以前或现在的所有谅解。 未经Apple签署书面文件,对本许可证的任何修订或修改不具约束力。本许可证的任何译本仅仅为了满足当地需要 。如果英文本与任何非英文译本有任何抵触之处,应以本许可证的英文本为准。

12. MPEG-4的使用 iPod软件和iPod更新软件是依据MPEG-4 系统专利组合许可证特许使用,以按照MPEG-4 系统标准进行编码,但与 (i) 以实质媒体储存或复制且按照所有权基础逐项支付之数据、和/或 (ii) 按照所有权基础逐项支付并传送给最终用户以永久储存和/或使用之数据编码有关、以及须就相关编码持有额外许可证和支付特许权使用费者除外。该额外许可证可通过MPEG LA, LLC. 取得,请参阅 http://www.mpegla.com 了解进一步细节。 在iPod软件和iPod更新软件包含MPEG-4视像编码和 / 或解码功能的范围内,iPod软件和iPod更新软件是依据MPEG-4视像专利组合许可证特许予消费者个人和非商业性使用,以(i)按照MPEG-4视像标准进行视像编码(“MPEG-4视像”),和/或(ii)对从事个人和非商业活动的消费者所编码、和/或从获MPEG LA许可提供MPEG-4视像的视像提供者取得的MPEG-4视像进行译码。没有就任何其它用途发出许可证或默示作任何其它用途。

与宣传推广、内部和商业性使用及许可证赋予有关的进一步数据,可通过MPEG LA, LLC取得,请参阅http://www.mpegla.com。关于MPEG LA视像专利组合许可证使用费的常见问题及解答,请参阅www.apple.com/mpeg4或www.apple.com/quicktime/products/qt/faq.html。

13. H.264/AVC通知 在iPod软件和iPod更新软件包含AVC编码和/或解码功能的范围内,H.264/AVC的商业性使用需要额外的许可及以下规定适用:本许可证许可iPOD软件和iPOD更新软件的AVC功能仅供消费者的个人和非商业性使用,以(i)按照AVC标准(“AVC视像”)进行视像编码,和/或(ii)对从事个人和非商业性活动的消费者所编码的AVC视像、和/或获取自特许提供AVC视像的视像提供者的AVC视像进行解码。与其他使用及许可证有关的资料,可通过MPEG LA L.L.C. 取得,请参阅HTTP://WWW.MPEGLA.COM。

14. AMR通知 iPod软件和iPod更新软件的 Adaptive Multi-Rate ("AMR") 编码和解码功能不允许用于进行蜂窝话音呼叫,亦不允许在 Windows 平台 QuickTime 结构上建立的任何电话产品使用。此外,iPod软件和iPod更新软件的 AMR 编码和解码功能也不允许用于蜂窝通信基础系统,包括:基站、基站控制器/无线网络控制器、交换中心、以及进出公共交换网络的网关。 EA0652
07/20/10修订

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