Apple Computer, Inc. Software and Documentation License
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE OR
DOCUMENTATION COVERED. BY USING THE NEWTON SOFTWARE OR DOCUMENTATION, AND/OR
DISTRIBUTING LICENSEE PRODUCTS INCORPORATING NEWTON SOFTWARE OR BASED UPON THE
DOCUMENTATION, 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 DOWNLOAD OR USE THE NEWTON SOFTWARE OR
1. License. The software and/or documentation accompanying this License, whether on disk, on compact disc, in read only memory, online, or any
other media, the related documentation and other materials (collectively, the "Newton Software") are licensed, not sold, to you by Apple Computer,
Inc. ("Newton"). The Newton Software in this package and any copies, modifications and distributions which this License authorizes you to make are
subject to this License. This License may also be accompanied by Acrobat Reader, which is licensed by Adobe (the "Adobe Software".) Use of the
Adobe Software is governed exclusively by the terms of the Adobe Electronic End User License included in the Acrobat Reader Installer.
QuickView is licensed by Altura Software, Inc.
2. Permitted Uses and Restrictions. This License allows you to install and use the Newton Software on as many computers as are necessary to
create Licensee Products. You may use the Newton Software for (i) testing the Newton Software, and (ii) developing Licensee Product(s). Except as
expressly permitted by applicable law and in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense,
distribute or create derivative works based upon the Newton Software in whole or part or transmit the Newton Software over a network or from one
computer to another. Additionally, you may not upload the Newton Software to electronic bulletin boards, web sites, or otherwise distribute it on
magnetic or optical media. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and
a copy of the Newton Software to a party who agrees to accept the terms of this License and destroy any other copies of the Newton Software in your
possession. THE NEWTON SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL MACHINES, OR IN ANY CASE WHERE THE FAILURE OF
THE NEWTON SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, EMOTIONAL OR
ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Newton if you fail to comply with any
term(s) of this License.
3. Distribution of Products Developed or Created Using the Newton Software. Newton hereby grants to you a nonexclusive,
nontransferable license to (i) use the Newton Software to develop and create Licensee Product(s). This license grant is expressly conditioned upon your
and/or your Distributor's compliance with the following requirements:
(a) All distributions to Distributors and End-Users, and all distributions made by your Distributors, must be subject to an Software License Agreement
whose terms are consistent with this License and whose terms are no less restrictive or materially less protective of Newton's rights in the Newton
Software than the terms and conditions of this License.
(b) For each jurisdiction in which Licensee Product(s) are distributed, it is your responsibility to use, and to ensure that your Distributors use, an
End-User Software License Agreement which is enforceable under and complies with the laws of that jurisdiction.
4. Confidentiality. This License may be accompanied by Newton Software, including specifications and documentation, designated as alpha, beta,
pre-release, unsupported, developmental or other similar designations. Such Newton Software has not been released to the general public, and its
content, performance and existence constitutes "Confidential Information" of Newton. By this License you agree to take reasonable precautions to
prevent the unauthorized use, disclosure, publication or dissemination of the Confidential Information. You also agree to use the Confidential Information
only for the purposes permitted under this License.
IN ADDITION, SHOULD YOU CHOOSE TO USE, EMPLOY OR OTHERWISE BASE THE DEVELOPMENT OF LICENSEE
PRODUCTS ON SUCH CONFIDENTIAL INFORMATION (INCLUDING, BUT NOT LIMITED TO PRE-RELEASE AND
UNSUPPORTED SOFTWARE,) YOU AGREE TO CONTACT NEWTON PRIOR TO THE PUBLIC DISTRIBUTION OF ANY
SUCH LICENSEE PRODUCTS TO DETERMINE IF A MORE CURRENT REVISION OR RELEASE OF THE
CONFIDENTIAL INFORMATION IS AVAILABLE. SHOULD SUCH LATER RELEASE BE AVAILABLE, THEN ANY
LICENSE TO AN EARLIER RELEASE IS AUTOMATICALLY TERMINATED AND, BARING WRITTEN APPROVAL
FROM NEWTON TO THE CONTRARY, YOU ARE REQUIRED AND HEREBY AGREE TO USE THE LATEST AVAILABLE
CONFIDENTIAL INFORMATION AND/OR SOFTWARE.
5. Updates. Notwithstanding the foregoing section, or any other provisions of this License, Newton shall have no obligation to provide you with future
updates to the Newton Software Licensed under this Agreement.
6. Limited Warranty on Media. To the extent that the Newton Software provided with this license is provided on magnetic or optical media,
Newton warrants that media 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 paragraph shall be, at Newton's option, a refund of the purchase price of the product
containing the Newton Software or replacement of the Newton Software which is returned to Newton or an Newton authorized representative with a
copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND 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 THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET
FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. NEWTON
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer Of Warranty. You expressly acknowledge and agree that use of the Newton Software is at your sole risk. The Newton Software is
provided "AS IS" and without warranty of any kind and Newton and Newton's licensor(s) (for the purposes of Sections 7 and 8, Newton and
Newton's licensor(s) shall be collectively referred to as "Newton") EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. NEWTON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
NEWTON SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NEWTON SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE NEWTON SOFTWARE WILL BE CORRECTED. FURTHERMORE,
NEWTON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE NEWTON SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY NEWTON OR AN NEWTON AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE NEWTON SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT NEWTON OR AN NEWTON AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE NEWTON SOFTWARE REFLECT THIS
ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL NEWTON BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE NEWTON
SOFTWARE, EVEN IF NEWTON OR AN NEWTON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In addition, in no event shall
Newton's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence or otherwise) exceed the
amount paid for this License.
9. Copyright & Trademark. (a) As a condition of Newton's license grant, you shall not remove any copyright notices or proprietary legends
contained within the Newton Software. Further, you shall include a copyright notice in Licensee Product(s) reflecting the copyright ownership of you
and Newton as follows:
Copyright © 19__ [Your Name]
Portions Copyright © 19__ Apple Computer, Inc.
All rights reserved.
(b) You may not use any Newton trademarks, service marks, trade names, or logos in any advertising, brochures, or promotional materials except to
denote compatibility with Newton products in the form set forth in Newton's Third Party Trademark Guidelines, unless you have signed a separate
Trademark License Agreement with Newton.
10. Indemnification. You shall indemnify, defend and hold Newton 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 your distribution of the Newton Software in
combination with Licensee Product(s) or the use of Licensee Product(s) in combination with Newton Software. You shall also promptly notify Newton
of any such claim.
11. Export Law Assurances. You may not use or otherwise export or reexport the Newton Software except as authorized by United States law
and the laws of the jurisdiction in which the Newton Software was obtained. In particular, but without limitation, the Newton Software may not be used
or otherwise exported or reexported (i) into (or to a national or resident of) any United States embargoed country or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Newton
Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
12. Government End Users. If the Newton Software is supplied to the United States Government, the Newton Software is classified as "restricted
computer software" as defined in Clause 52.227-19 of the FAR. The United States Government's rights to the Newton Software are as provided in
Clause 52.227-19 of the FAR.
13. Relationship of the Parties. Nothing stated in this License will be construed as creating the relationships of joint venturers, partners, employer
and employee, franchisor and franchisee, master and servant, or principal and agent.
14. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. 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.
15. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Newton Software 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 Newton.
Apple Computer, Inc.
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Copyright ©1997 Apple Computer, Inc. All rights reserved.
Newton, Newton Technology, Newton Works, the Newton Technology logo, the Light Bulb logo and MessagePad are trademarks of Apple
Computer, Inc. and may be registered in the U.S.A. and other countries.
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