Minkler v. Apple Inc

Filing 26

Declaration of Scott Maier in Support of 24 MOTION to Dismiss Complaint filed byApple Inc. (Attachments: # 1 Exhibit 1 (a-b), # 2 Exhibit 2, # 3 Exhibit 3 (a-d))(Related document(s) 24 ) (Collins, Joseph) (Filed on 3/3/2014)

Exhibit 2

ENGLISH
IMPORTANT: BY USING YOUR iPHONE, IPAD or IPOD TOUCH ("iOS DEVICE"), YOU ARE
AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
A.
B.

APPLE IOS SOFTWARE LICENSE AGREEMENT
NOTICES FROM APPLE

APPLE INC.
iOS SOFTWARE LICENSE AGREEMENT
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY
BEFORE USING YOUR iOS DEVICE OR DOWNLOADING THE SOFTWARE UPDATE
ACCOMPANYING THIS LICENSE. BY USING YOUR iOS DEVICE OR DOWNLOADING A
SOFTWARE UPDATE, AS APPLICABLE, 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 USE THE iOS DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.
IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT AGREE TO THE
TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE RETURN
PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED
IT FOR A REFUND, SUBJECT TO APPLE'S RETURN POLICY FOUND AT http://
vinnmapple.com/legal/sales_policies/.
1. General.
(a)The software (including Boot ROM code and other embedded software), documentation,
interfaces, content, fonts and any data that came with your iOS Device ("Original iOS Software"),
as may be updated or replaced by feature enhancements, software updates or system restore
software provided by Apple ("i0S Software Updates"), whether in read only memory, on any
other media or in any other form (the Original iOS Software and iOS Software Updates are
collectively referred to as the "lOS Software") are licensed, not sold, to you by Apple Inc.
("Apple") for use only under the terms of this License. Apple and its licensors retain ownership of
the iOS Software itself and reserve all rights not expressly granted to you.
(b) Apple, at its discretion, may make available future iOS Software Updates for your 108
Device. The iOS Software Updates, if any, may not necessarily include all existing software
features or new features that Apple releases for newer or other models of iOS Devices. The
terms of this License will govern any iOS Software Updates provided by Apple that replace and/
or supplement the Original IOS Software product, unless such iOS Software Update
is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive
license to use the lOS Software on a single Apple-branded iOS Device. Except as permitted in
Section 2(b) below, and unless as provided in a separate agreement between you and Apple,
this License does not allow the iOS Software to exist on more than one Apple-branded iOS
Device at a time, and you may not distribute or make the 10S Software available over a network
where it could be used by multiple devices at the same time. This License does not grant you
any rights to use Apple proprietary interfaces and other intellectual property in the design,
development, manufacture, licensing or distribution of third party devices and accessories, or
third party software applications, for use with iOS Devices. Some of those rights are available
under separate licenses from Apple. For more information on developing third party devices and
accessories for iOS Devices, please email [e-mail]. For more information on
developing software applications for OS Devices, please email [e-mail].

(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive
license to download iOS Software Updates that may be made available by Apple for your model
of the iOS Device to update or restore the software on any such iOS Device that you own or
control. This License does not allow you to update or restore any iOS Device that you do not
control or own, and you may not distribute or make the iOS Software Updates available over a
network where they could be used by multiple devices or multiple computers at the same time. If
you download an 10S Software Update to your computer, you may make one copy of the iOS
Software Updates stored on your computer in machine-readable form for backup purposes only,
provided that the backup copy must include all copyright or other proprietary notices contained
on the original.
(c) You may not and you agree not to, or to enable others to, copy (except as expressly
permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the
source code of, decrypt, modify, or create derivative works of the iOS Software or any services
provided by the iOS Software, or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law or by licensing terms governing use of opensource components that may be included with the DS Software).
(d) By storing content on your iOS Device you are making a digital copy. In some jurisdictions, it
is unlawful to make digital copies without prior permission from the rights holder. The iOS
Software may be used to reproduce materials so long as such use is limited to reproduction of
non-copyrighted materials, materials in which you own the copyright, or materials you are
authorized or legally permitted to reproduce.
(e)You agree to use the iOS Software and the Services (as defined in Section 5 below) in
compliance with all applicable laws, including local laws of the country or region in which you
reside or in which you download or use the iOS Software and Services.
(1) Use of and •access to certain features of the iOS Software and certain Services (as defined in
Section 5) may require you to apply for a unique user name and password combination, known
as an Apple ID. In addition, you acknowledge that many features and Services of the iOS
Software transmit data and could impact charges to your data plan, and that you are responsible
for any such charges. For more information, please consult the User Guide for your iOS Device.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iOS Software. You
may, however, make a one-time permanent transfer of all of your license rights to the iOS
Software to another party in connection with the transfer of ownership of your iOS Device,
provided that; (a) the transfer must include your iOS Device and all of the iOS Software, including
all its component parts, original media, printed materials and this License; (b) you do not retain
any copies of the iOS Software, full or partial, including copies stored on a computer or other
storage device; and (c) the party receiving the 105 Software reads and agrees to accept the
terms and conditions of this License.
4. Consent to Use of Data.
(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that
Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic,
technical, usage and related information, including but not limited to information about your IOS
Device, computer, system and application software, and peripherals, that is gathered periodically
to facilitate the provision of software updates, product support and other services to you (if any)
related to the iOS Software, and to verify compliance with the terms of this License. Apple may
use this information, as long as it is collected in a form that does not personally identify you, to
provide and improve. Apple's products and services. If you have opted in and have Location
Services turned on, the location of your device may also be sent to help Apple analyze wireless
or cellular performance issues (e.g. the strength or weakness of a cellular signal in a particular

location). To enable Apple's partners and third party developers to improve their software,
hardware and services designed for use with Apple products, Apple may also provide any such
partner or third party developer with a subset of diagnostic information that is relevant to that
partner's or developer's software, hardware and/or services, as long as the diagnostic
information is in a form that does not personally identify you.
(b)Location Data. Apple and its partners, licensees and third party developers may provide
certain services through your iOS Device that rely upon location information. To provide and
improve these services, where available, Apple and its partners, licensees and third party
developers may transmit, collect, maintain, process and use your location data, including the
real-time geographic location of your iOS Device, road travel speed information, and location
search queries. The location data and queries collected by Apple are collected in a form that
does not personally Identify you and may be used by Apple and its partners, licensees and third
party developers to provide and improve location-based products and services. By using any
location-based services on your iOS Device, you agree and consent to Apple's and its
partners', licensee& and third party developers' transmission, collection, maintenance,
processing and use of your location data and queries to provide and improve such
products and services. You may withdraw this consent at any time by going to the Location
Services setting on your iOS Device and either turning off the global Location Services setting or
turning off the individual location settings of each location-aware item on your iOS Device.
Disabling these location features will only impact the location-based functionality of your iOS
Device. It will not affect iOS Device features unrelated to location services. When using third
party applications or services on the iOS Device that use or provide location data, you are
subject to and should review such third party's terms and privacy policy on use of location data
by such third party applications or services.
(c) Sid and Dictation. The Siri and Dictation features of the iOS Software may not be available in
all languages or regions and features may vary by region. If your iOS Device supports Siri and
Dictation, these features may allow you to make requests, give commands and dictate text to
your device using your voice. When you use Sid or Dictation, the things you say will be recorded
and sent to Apple in order to convert what you say into text and to process your requests. Your
device will also send Apple other information, such as your first name and nickname; the names,
nicknames, and relationship with you (e.g., "my dad") of your address book contacts; and song
names in your collection (collectively, your "User Data"). All of this data is used to help Sid and
Dictation understand you better and recognize what you say. It is not linked to other data that
Apple may have from your use of other Apple services. By using Sid or Dictation, you agree
and consent to Apple's and its subsidiaries' and agents' transmission, collection,
maintenance, processing, and use of this information, including your voice input and User
Data, to provide and improve Sid, Dictation, and dictation functionality in other Apple
products and services.
If you have Location Services turned on, the location of your iOS Device at the time you make a
request to Sid may also be sent to Apple to help Sid improve the accuracy of its response to
your location-based requests. You may disable the location-based functionality of Siri by going
to the Location Services setting on your iOS Device and turning off the individual location setting
for Sid.
Sid can allow you to interact with your IOS Device without needing to unlock it. If you have
enabled a passcode on your iOS Device and would like to prevent Sid from being used from the
lock screen, you can tap Settings, tap General, tap Passcode Lock and turn the Sid option to
"off".
You can also turn off Siri and Dictation altogether at any time. To do so, open Settings, tap
General, tap Siri, and slide the Sid switch to "off".

(d)FaceTime. The FaceTime video calling feature of the iOS Software ("FaceTime") requires a
Wi-Fi or cellular data connection and may not be available in all regions and may be restricted or
unavailable from your service provider. Your use of FaceTime is subject to your compliance with
Section 2(0) above. In order to set up FaceTime, and to initiate and receive FaceTime calls
between you and other FaceTime users, certain unique identifiers for your iOS Device and
account are needed. These unique identifiers may include your email address(es), the Apple ID
information you provide, a hardware identifier for your iOS Device, and your iPhone's telephone
number. By using the IOS Software, you agree that Apple may transmit, collect, maintain,
process and use these identifiers for the purpose of providing and improving the FaceTime
feature. You understand that your iPhone's telephone number will be displayed to the other
party on the video call (even if you have a blocked number) or your email address will be shown,
depending on what setting you choose. You may turn off the FaceTime feature by going to the
FaceTime setting on your IOS Device or by going to the Restrictions setting and enabling the
FaceTime restriction. You may also restrict FaceTime to Wi-Fi only, by going to the FaceTime
setting on your 10S Device and sliding the "Use Cellular Data" switch to "Off".
(e) 'Message. The messaging feature of the iOS Software ("iMessage") may not be available in all
countries or regions. Your use of iMessage is subject to your compliance with Section 2(e)
above. In order to set up iMessage, and to initiate and receive iMessages between you and other
iOS Device users, certain unique identifiers for your iOS Device and account are needed. These
unique identifiers may include your email address(es), the Apple ID information you provide, a
hardware identifier for your iOS Device, and your iPhone's telephone number. By using the iOS
Software, you agree that Apple may transmit, collect, maintain, process and use these
identifiers for the purpose of providing and improving the 'Message service. The iMessage
service requires a Wi-Fi or cellular data connection. To facilitate delivery of your iMessages and
to enable you to maintain conversations across your devices, Apple may hold your 'Messages in
encrypted form for a limited period of time. If your message cannot be sent as an iMessage,
your message may be sent as an SMS or MMS message, for which carrier messaging rates may
apply. You understand that your 'Phone's telephone number will be displayed to the other party
(even if you have a blocked number) or your email address will be shown, depending on what
setting you choose. You may turn off the iMessage service by going to the Messages setting on
your iOS Device.
(f) Photo Stream. By using the Photo Stream feature of 'Cloud, you agree that Apple may
store photos taken on your JOS Device or uploaded from your computer for a limited
period of time and automatically send the photos to your other Apple iOS Devices or
computers that have Photo Stream enabled. Please note that a limited number of photos may
be stored in the cloud or on your devices at any one time, and older photos will be automatically
deleted from Photo Stream over time. Any photos you want to keep on a particular device
permanently must be saved to the camera roll or the photo library on your computer. Photo
resolution may vary depending on the device to which the photos are downloaded. If you do not
wish to use Photo Stream, you can turn Photo Stream off on all of your iOS Devices or
computers that have Photo Stream enabled. All use of the Photo Stream feature is subject to the
terms and conditions of this agreement and the 'Cloud Terms and Conditions located at: http://
www.apple.com/legaVicloud/ww/.
(g) Shared Photo Streams. By using the Shared Photo Streams feature of 'Cloud, you agree
that Apple may store the photos you share continuously until you delete them, send those
photos to your other Apple iOS devices and computers that have Shared Photo Streams
enabled, and send them to the iOS devices and computers of the people you choose to
share them with. When you use Shared Photo Streams, you are allowing your recipients to
view, save, copy, and share your photos, as well as leave comments. You can delete individual
photos, comments, or entire shared photo streams at any time to stop sharing them
immediately, however, photos that the viewer has previously saved to their device or computer
will not be deleted. All use of the Shared Photo Streams feature is subject to the terms and

conditions of this agreement and the iCloud Terms and Conditions located at: http://
vvww.apple.com/legaVicloud/ww/.
(h) Maps, The maps service and features of the iOS Software ("Maps") may not be available in all
languages or regions, and features and map data coverage may vary by region. Use of the
Maps service requires a Wi-Fi or cellular data connection. When you use any location-based
features within Maps, such as turn-by-turn navigation, traffic and local search, various locationrelated and usage information may be sent to Apple, including the real-time geographic location
of your iOS Device, in order to process your request and help improve Maps. Such location and
usage data is collected by Apple in a form that does not personally identify you. By using Maps,
you agree and consent to Apple's and its subsidiaries' and agents' transmission,
collection, maintenance, processing, and use of this information, to provide and improve
the Maps features and service, and other Apple products and services.
If you have Location Services turned on, the location of your iOS Device at the time you make a
request to Maps may also be sent to Apple if required to process the request, such as turn-byturn navigation. You may disable the location-based functionality of Maps by going to the
Location Services setting on your IOS Device and turning off the individual location setting for
Maps. Certain Maps features will however be unavailable if you disable the Location Services
setting, such as turn-by-turn navigation.
(i)Interest-Based Advertising. Apple may provide mobile, interest-based advertising to you. If
you do not want to receive relevant ads on your iOS Device, you can opt out by going to this link
on your iOS Device: http://oo.apple.com. If you opt out, you will continue to receive the same
number of mobile ads, but they may be less relevant because they will not be based on your
interests. You may still see ads related to the content on a web page or in an application or
based on other non-personal information. This opt-out applies only to Apple advertising services
and does not affect interest-based advertising from other advertising networks.
(i) Privacy Policy. At all times your information will be treated in accordance with Apple's Privacy
Policy, which is incorporated by reference into this License and can be viewed at: http://
www.apple.com/privacy/.
5. Services and Third Party Materials.
(a)The iOS Software may enable access to Apple's (Tunes Store, App Store, Game Center,
iCloud, Maps and other Apple and third party services and web sites (collectively and
individually, "Services"). Such Services may not be available in all languages or in all countries.
Use of these Services requires Internet access and use of certain Services may require an Apple
ID, may require you to accept additional terms and may be subject to additional fees. By using
this software in connection with an Apple ID, or other Apple Service, you agree to the applicable
terms of service for that Service, such as the latest iTunes Store Terms and Conditions or Game
Center Terms and. Conditions, which you may access and review at http://www.apple.com/
legaVitunes/ww/, or the iCloud Terms and Conditions which can be found at http://
www.apple.coralegaVicloud/ww/, respectively.
(b) if you sign up for iCloud, certain iCloud features like "Back Up" and "Find My iPhone" may be
accessed directly from the iOS Software. You acknowledge and agree that your use of 'Cloud
and these features is subject to the latest terms and conditions of the iCloud service, which you
may access and review at: http://www.apple.com/legal/icloud/ww/.
(c) You understand that by using any of the Services, you may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identified as
having explicit language, and that the results of any search or entering of a particular URL may
automatically and unintentionally generate links or references to objectionable material.
Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no

liability to you for content that may be found to be offensive, indecent, or objectionable.
(d)Certain Services may display, include or make available content, data, information,
applications or materials from third parties ("Third Party Materials") or provide links to certain
third party web sites. 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 Third Party Materials
or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not
assume and will not have any liability or responsibility to you or any other person for any thirdparty Services, Third Party Materials or web sites, or for any other materials, products, or
services of third parties. Third Party Materials and links to other web sites are provided solely as
a convenience to you.
(e)Neither Apple nor any of its content providers guarantees the availability, accuracy,
completeness, reliability, or timeliness of stock information, location data or any other data
displayed by any Services. Financial information displayed by any Services is for general
informational purposes only and should not be relied upon as investment advice. Before
executing any securities transaction based upon information obtained through the Services, you
should consult with a financial or securities professional who is legally qualified to give financial
or securities advice in your country or region. Location data provided by any Services, including
the Apple Maps service, is provided for basic navigational and/or planning purposes only and is
not intended to be relied upon in situations where precise location information is needed or
where erroneous, inaccurate, time-delayed or incomplete location data may lead to death,
personal injury, property or environmental damage. You agree that, the results you receive from
the Maps service may vary from actual road or terrain conditions due to factors that can affect
the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions,
and geopolitical events. For your safety when using the turn-by-turn navigation feature, always
pay attention to posted road signs and current road conditions, and follow safe driving practices
and traffic regulations.
(f)To the extent that you upload any content through the use of the Services, you represent that
you own all rights in, or have authorization or are otherwise legally permitted to upload, such
content and that such content does not violate any terms of service applicable to the Services.
You agree that the Services contain proprietary content, information and material that is owned
by Apple, the site owner and/or their licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright. You agree that you will not use
such proprietary content, information or materials other than for permitted use of the Services or
in any manner that is inconsistent with the terms of this License or that infringes any intellectual
property rights of a third party or Apple, No portion 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 manner, and you shall not exploit the Services in
any unauthorized way whatsoever, including but not limited to, using the Services to transmit
any computer viruses, worms, trojan horses or other malware, or by trespass or burdening
network capacity. You further agree not to use the Services in any manner to harass, abuse,
stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that
Apple is not in any way responsible for any such use by you, nor for any harassing, threatening,
defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a
result of using any of the Services,
(g)In addition, Services and Third Party Materials that may be accessed, linked to or displayed
on the iOS Device are not available in all languages or in all countries or regions. Apple makes
no representation that such Services and Materials are appropriate or available for use in any
particular location. To the extent you choose to use or access such Services and Materials, you
do so at your own initiative and are responsible for compliance with any applicable laws,
including but not limited to applicable local 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 liable for the removal of or disabling of access to any such Services. Apple
may also impose limits on the use of or access to certain Services, in any case and without
notice or liability.
6. Termination. This License is effective until terminated. Your rights under this License will
terminate automatically or otherwise cease to be effective without notice from Apple if you fail to
comply with any term(s) of this License. Upon the termination of this License, you shall cease all
use of the iOS Software. Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this. License shall survive any
such termination.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the lOS Software outside of
your trade, business or profession), you may have legal rights in your country of residence which
would prohibit the following limitations from applying to you, and where prohibited they will not
apply to you. To find out more about rights, you should contact a local consumer advice
organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, USE OF THE iOS SOFTWARE AND ANY SERVICES PERFORMED BY OR
ACCESSED THROUGH THE iOS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH
YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS SOFTWARE
AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY
REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iOS SOFTWARE AND
SERVICES, 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.
7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE OS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES
PERFORMED OR PROVIDED BY, THE IOS SOFTWARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE iOS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT
DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iOS
SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE,
APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY
AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THEIOS SOFTWARE AND SERVICES ARE NOT
INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE
FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR
INFORMATION PROVIDED BY THE iOS SOFTWARE OR SERVICES COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING
WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS
SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE

AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD. THE lOS
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.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE 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, CORRUPTION OR LOSS OF DATA, FAILURE
TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE
OR APPLICATIONS IN CONJUNCTION WITH THE iOS SOFTWARE OR SERVICES, 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. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall Apple's total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the amount of two hundred
and fifty dollars (U.S.8250.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
9. Digital Certificates. The iOS Software contains functionality that allows it to accept digital
certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE
FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY
APPLE OR A THIRD PARTY, YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
10. Export Control. You may not use or otherwise export or re-export the iOS Software except
as authorized by United States law and the laws of the jurisdiction(s) in which the iOS Software
was obtained. In particular, but without limitation, the iOS Software may not be exported or reexported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person's List or Entity List. By using the iOS 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 iOS Software for any purposes prohibited by United States law, including, without limitation,
the development, design, manufacture or production of missiles, nuclear, chemical or biological
weapons.
11. Government End Users. The iOS Software and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are 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, excluding its conflict of law principles. 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 you are a
consumer based in the United Kingdom, this License will be governed by the laws of the
jurisdiction of your residence. 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 you and Apple relating to the iOS 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 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, to the extent not
prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements. Portions of the iOS Software may utilize or include third
party software and other copyrighted material. Acknowledgements, licensing terms and
disclaimers for such material are contained in the electronic documentation for the iOS Software,
and your use of such material is governed by their respective terms. Use of the Google Safe
Browsing Service is subject to the Google Terms of Service (http://www.google.com/
terms_of_service.html) and to Google's Privacy Policy (http://www.google.corn/
privacypolicy.html).
15. Use of MPEG-4; H.264/AVC Notice.
(a)The iOS Software contains MPEG-4 video encoding and/or decoding functionality. The iOS
Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and noncommercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual
Standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video that was encoded by a
consumer engaged in a personal and non-commercial activity and/or was obtained from a video
provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be
implied for any other use. Additional information including that relating to promotional, internal
and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://
www.mpegla.com.
(b)The iOS Software contains AVC encoding and/or decoding functionality, commercial use of
H.264/AVC requires additional licensing and the following provision applies: THE AVC
FUNCTIONALITY IN THE iOS SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE
WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS
ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY
AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO
PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE
OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WVVW.MPEGLA.COM.
16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is
licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria,
Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China,
Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador,
Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, 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, St. Lucia,
St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey,
UK, Uruguay, US and Venezuela.

17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the IOS Software is
licensed only for over-the-air synchronization of information, such as email, contacts, calendar
and tasks, between your IOS and Microsoft Exchange Server or other server software licensed
by Microsoft to implement the Microsoft Exchange ActiveSync protocol.
EA0930
Rev. 8/10/2012
NOTICES FROM APPLE
If Apple needs to contact you about your product or account, you consent to receive the notices
by email. You agree that any such notices that we send you electronically will satisfy any legal
communication requirements.
FRANgAIS
IMPORTANT : L'UTILISATION DE VOTRE IPHONE, iPAD ou IPOD TOUCH (<4 APPAREIL
IOS IMPLIQUE QUE VOUS ACCEPTEZ D'ETRE LIE PAR LES CONDITIONS SUIVANTES :
A. CONTRAT DE LICENCE DE LOGICIEL DE L'APPLE iOS
B. NOTIFICATIONS DE LA PART D'APPLE
APPLE INC.
CONTRAT DE LICENCE DE LOGICIEL DE L'APPLE IOS
Licence individuelle
LISEZ ATTENTIVEMENT CE CONTRAT DE LICENCE DE LOGICIEL (LA or LICENCE *) AVANT
D'UTILISER VOTRE APPAREIL IOS OU DE TELECHARGER LA MISE A JOUR DU LOGICIEL
FOURNI AVEC LA PRESENTE LICENCE. L'UTILISATION DE VOTRE APPAREIL IOS OU LE
TELECHARGEMENT DUNE MISE A JOUR, LE CAS ECHEANT, IMPLIQUE QUE VOUS
ACCEPTEZ LES CONDITIONS DE CETTE LICENCE. SI VOUS ETES EN DESACCORD AVEC
LES CONDITIONS DE CETTE LICENCE, N'UTILISEZ PAS L'APPAREIL IOS ET NE
TELECHARGEZ PAS CETTE MISE A JOUR.
SI VOUS AVEZ RECEMMENT ACHETE UN APPAREIL IOS ET QUE VOUS N'ETES PAS
D'ACCORD AVEC LES CONDITIONS DE LA LICENCE, VOUS POUVEZ RENVOYER
L'APPAREIL 10S, DANS LES DELAIS DE RETOUR PREVUS, AU MAGASIN OU AU
DISTRIBUTEUR AGREE APPLE AUPRES DUQUEL VOUS L'AVEZ ACHETE, AFIN D'EN
OBTENIR LE REMBOURSEMENT SOUS RESERVE DES REGLES APPLE CONCERNANT LE
RETOUR DES PRODUITS, DISPONIBLES A L'ADRESSE http://www.apple.comnegaii
sales_policlesh
1. Generallites.
(a) Apple Inc. (0 Apple 0) vous concede une licence, et en aucun cas ne vous cede des droits, sur
le logiciel (y compris le code ROM de demarrage et autre logiciel integre), la documentation, les
interfaces, le contenu, les polices de caracteres et toutes les donnees accompagnant votre
appareil iOS (o Logiciel original de l'iOS 0), pouvant etre mis a jour ou remplaces par des mises
jour de logiciels ou des logiciels de restauration du systerne fournis par Apple (o Mises a jour du
Logiciel de l'iOS 0), qu'ils soient sur memoire morte (ROM) ou sur tout autre support ou sous
toute autre forme (le Logiciel original de l'iOS at les Mises a jour du Logiciel de l'iOS scot
references dans leur ensemble sous le terms de o Logiciel de l'iOS uniquement en vue d'une
utilisation conforme aux conditions de la Licence. Vous etes proprietaire du support sur lequel le
Logiciel de l'iOS est enregistre mais Apple et ses concedants conservent Is propriete du Logiciel
de l'iOS et se reservent tous les droits ne vous &tent pas expressement accordes.