Capitol Records, LLC v. Redigi Inc.

Filing 286

DECLARATION OF GARY ADELMAN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(mro)

EXHIBIT 3

1i/13112

iTUNES STORE - TERMS AND CONDITIONS

TERMS AND CONDITIONS
A. rrUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE TERMS OF SALE
B. rrUNES STORE TERMS AND CONDITIONS
C. MAC APP STORE, APP STORE AND [BOOKSTORE TERMS AND CONDITIONS

D. PRIVACY POUCY
THE lEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE ITUNES STORE, MAC APP STORE, APP STORE,
AND [BOOKSTORE SERVICES. TO AGREE TO THESE TERMS, CLICK "AGREE. IF YOU DO NOT AGREE TO THESE TERMS, DO
NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.
H

A. ITUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE TERMS OF SALE

PAYMENTS, TAXES, AND REFUND POUCY

The fTunes Store, Mac App Store, App Store, and iBookstore services ("Services") accept these forms of payment: credit
cards issued by u.s. banks, payments through your PayPal account, iTunes Cards, iTunes Store Gift Certificates, Content
Codes, and Allowance Account balances. If a credit card or your PayPal account is being used for a transaction, Apple
may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your
transaction. If you are using l-Click purchasing or your PayPal account, your order may be authorized and billed in
increments during one purchasing session, so it may appear as multiple orders on your statement. If an iTunes card,
iTunes Store Gift Certificate, or Allowance Account is used for a transaction, the amount is deducted at the time of your
transaction. When making purchases, content credits are used first, followed by Gift Certificate, iTunes Card, or
Allowance Account credits; your credit card or PayPal account is then charged for any remaining balance.
You agree that you will pay for all products you purchase through the Services, and that Apple may charge your credit
card or PayPal account for any products purchased and for any additional amounts (including any taxes and late fees, as
applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY
PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAIlS FOR
PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration
process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account
status, you must change your information online in the Account Information section of iTunes; this may temporarily
disrupt your access to the Services while Apple verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to
address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where
digital goods are taxable.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or
refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable follOWing a transaction but prior to download, your sole remedy is a refund. If technical
problems prevent or unreasonably delay delivery of your product, your exclusive and sale remedy is either replacement
or refund of the price paid, as determined by Apple.
l-Click®
l-Click is a registered service mark of Amazon.com, Inc., used under license. 1 -Click is a convenient feature that allows
you to make a purchase from the Services with a single click of your mouse or other input device. When acceSSing the
Services on your computer, 1 -Click purchasing may be activated via the dialog that appears when you click a Buy button.
(You may reset this selection at any time by clicking Reset Warnings in your Account information). When accessing the
Services on your Apple-branded products running iOS such as an iPad, iPod touch, or iPhone ("iOS Device'), 1 -Click is
activated for each transaction by tapping the button showing the price of the product, which reveals the Buy button.
When l-CHck is activated, clicking or tapping the Buy button starts the download immediately and completes your
transaction without any further steps.
GIFT CERTIFICATES, !TUNES CARDS, ALLOWANCES, AND CONTENT CODES
Gift Certificates, !Tunes Cards, and Allowances are issued and managed by Apple Value Services, LLC ("Issuer").
Gift Certificates, iTunes Cards, Content Codes, and Allowances, in addition to unused balances, are not redeemable for
cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts,
Gift Certificates, or !Tunes cards; used to provide Allowances; used for purchases on the Apple Online Store; or used in
Apple Retail Stores. Unused balances are not transferable.

www.appJe.com/legal/itunes/us/terms.html#SALE

1/21

6113/12

iTUNES STORE - TERMS AND CONDITIONS
Gift Certificates, iTunes Cards, Content Codes, and Allowances purchased in the United States may be redeemed through
the Services only in the United States, its territories, and possessions.
The Gift Certificate/iTunes Card cash value is 1 /l 0 of one cent.
Neither Issuer nor Apple is responsible for lost or stolen Gift Certificates, iTunes Cards, Content Codes, or Allowances.
Risk of loss and title for Gift Certificates, ffunes Cards, and Allowances transmitted electronically pass to the purchaser
in Virginia upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically
pass in California upon electronic transmission from Apple; for avoidance of doubt, such recipient may not always be
you.
Apple reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, iTunes Card,
Content Code, or Allowance is fraudulently obtained or used on the Service.
APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO GIFT CERTIFICATES, ITUNES CARDS, CONTENT CODES, ALLOWANCES, OR THE ITUNES STORE, APP STORE,
MAC APP STORE, OR IBOOKSTORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, rrUNES CARD,
CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHAll BE THE
REPLACEMENT OF SUCH GIFT CERTIFICATE, ITUNES CARD, CONTENT CODE, OR AllOWANCE. THESE LIMITATIONS MAY
NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
GIFTS
Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States, its
territories, and posseSSions. Gift recipients must have compatible hardware and parental control settings to utilize some
gifts.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to automatically charge your account and download the
product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU
ACKNOWLEDGE THAT YOUR ELEITRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY
AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE,
INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your
electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Apple is not responsible for typographic errors.
B. ITUNES STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE ITUNES STORE SERVICE
(THE "ITUNES SERVICE").
THE !TUNES STORE SERVICE
Apple is the provider of the iTunes Service, which permits you to purchase or rent digital content ("iTunes Products') for
end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE !TUNES SERVICE
This iTunes Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18,
you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian
understand it.
The iTunes Service is available to you only in the United States, its territories, and possessions. You agree not to use or
attempt to use the iTunes Service from outside these locations. Apple may use technologies to verify your compliance.
Use of the iTunes Service requires compatible devices, Internet access, and certain software (fees may apply); may
require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is
strongly recommended for regular use and is required for video. The latest version of required software is
recommended to access the iTunes Service and may be required for certain transactions or features and to download
ffunes Products previously purchased from the iTunes Service. You agree that meeting these requirements, which may
change from time to time, is your responsibility. The ffunes Service is not part of any other product or offering, and no
purchase or obtaining of any other product shall be construed to represent or guarantee you access to the iTunes

.WWW.apple.com/fegaf/itunes/us/terms.htmf#SALE

2/21

6/13/12

iTUNES STORE - TERMS AND CONDITIONS

Service.
YOUR ACCOUNT

As a registered user of the iTunes Service, you may establish an account ("Account"). Don't reveal your Account
information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and
for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach
of your Account. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download iTunes Products from the iTunes Service, you must enter your Apple ID and
password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate
again for fifteen minutes. During this time, you will be able to purchase and download iTunes Products without reentering your password. You can turn off the ability to make iTunes Product purchases by adjusting the settings on your
computer or iOS Device. For more information, please see http://support.apple.com/kb/HT1904 or
http://support.apple.com/kb/HT421 3.
You agree to provide accurate and complete information when you register With, and as you use, the iTunes Service
("iTunes Registration Data'), and you agree to update your iTunes Registration Data to keep it accurate and complete.
You agree that Apple may store and use the iTunes Registration Data you provide for use in maintaining and billing fees
to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire music iTunes Products and music video iTunes Products (collectively, "iTunes Auto-Delivery
Content"), you may elect to automatically receiVe ("auto-download') copies of such iTunes Auto-Delivery Content on
additional compatible iOS Devices and iTunes-authorized computers with compatible software by associating such iDS
Devices and computers subject to the association rules below (each, an "Associated Device'). For each Associated
Device, you may specify which type of iTunes Auto-Delivery Content, if any, may be auto-downloaded to it. On an
Associated Device that is capable of receiving push notifications ("Push-Enabled'?, including iOS Devices, the iTunes
Auto-Delivery Content will auto-download to that Associated Device when it has an Internet connection; on an Associated
Device that is not Push-Enabled, including those running on the Windows operating system, iTunes Auto-Delivery Content
will automatically appear in the download queue and you may manually initiate the download within iTunes.
As an accommodation to you, subsequent to acquiring iTunes Auto-Delivery Content, purchased (I.e. not rented) movies
iTunes Products and TV show iTunes Products (each, ~iTunes Eligible Content'), you may download certain of such
previously-purchased iTunes Eligible Content onto any Associated Device. Some iTunes Eligible Content that you
previously purchased may not be available for subsequent download at any given time, and Apple shall have no liability
to you in such event. As you may not be able to subsequently download certain previously-purchased iTunes Eligible
Content, once you download an item of iTunes Eligible Content, it is your responsibility not to lose, destroy, or damage it,
and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download iTunes Auto-Delivery Content or download preViously-purchased iTunes Eligible Content
from an Account on up to 10 Associated Devices, provided no more than 5 are iTunes-authorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-purchased free content onto an unlimited number of devices while it is free on the
iTunes Service, but on no more than 5 iTunes-authorized computers.
An Apple TV is not an "Associated Device." However, TV show iTunes Products and purchased (i.e. not rented) movies
iTunes Products may be played back on compatible Apple TVs, provided that you may only play back any such TV show
or movie on a limited number of Apple TVs at the same time.
Some pieces of iTunes Eligible Content may be large, and significant data charges may result from delivery of such
iTunes Eligible Content over a data connection.
ITUNES MATCH
iTunes Match permits you to remotely access your matched or uploaded songs, and music videos you have purchased
with your Account, along with related metadata, playlists, and other information about your iTunes Library (''iTunes Match
Content").
You may subscribe to iTunes Match for an annual fee. You must have a valid credit card on file with iTunes to subscribe.
The subscription is non-refundable (except as required by applicable law), and will automatically renew for one-year
periods until you cancel. Your account will be charged no more than 24 hours prior to the expiration of the current
subscription period. You may cancel automatic renewal by adjusting the iTunes Store account settings on your computer.
You will no longer be able to access your iTunes Match Content from iTunes Match after the end of your subscription
period.
www.apple.com/legalfitunesfusfterms.html#SALE

3/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

iTunes Match works with libraries that contain up to 25,000 songs which are either (I) not currently available on the
iTunes Service, or OJ) not purchased from the iTunes Service with your Account. Songs with quality less than 96 kbps or
that are not authorized for your computer are not eligible for iTunes Match.

iTunes Match will automatically scan the song files and collect other information that may be used to identify media in
your iTunes library, such as the names of songs, song artists or song durations. iTunes Match will use this information to
match songs to those currently available on the iTunes Store, and will make matched songs available to you in the format
then available on the ITunes Store. [fthe song is not successfully matched, your copy of the song will be uploaded to
Apple in the same format or a format determined by Apple. Apple reserves the right to limit types of content uploaded
(for example, excessively large files). Matched or uploaded songs and related metadata will be available for access from
an Associated Device that has been enabled for iTunes Match. Association of Associated Devices for iTunes Match is
subject to the same terms as Automatic Delivery and Downloading Previous Purchases, and uploaded or matched songs
and related information are deemed to be "iTunes Eligible Content." You may also access iTunes Match Content from
compatible Apple TVs, provided that you may only do so on a limited number of Apple TVs at the same time.
When you use iTunes Match, Genius will begin associating information about the media in your ITunes library with your
Account; the association with your Account will continue for a period of time after your subscription ends. Apple will
otherwise use this information as described in the Privacy Section of this Agreement. You will not be able to disable
Genius while using iTunes Match, so if you prefer that we do not collect and use information from your iTunes library in
this manner, you should not use iTunes Match.
You hereby agree to use iTunes Match only for lawfully acquired content. Any use for illegitimate content infringes the
rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright
infringement.
iTunes Match is provided on an "AS IS" basis and may contain errors or inaccuracies that could cause failures, corruption
or loss of data and/or information, including music, playlist, and play history, from your computer or device and from
peripherals (including, without limitation, servers and other computers) connected thereto. You should back up all data
and information on your computer or device and any peripherals prior to using iTunes Match. You expressly
acknowledge and agree that all use of iTunes Match is at your sole risk. To the extent permitted by law, Apple shall have
no liability with respect to your use of iTunes Match, including the inability to access matched or uploaded content.
PRIVACY
The iTunes Service is subject to Apple's Privacy Policy at http://www.apple.com!privacy/ .
When you opt in to the Genius feature, Apple will, from time to time, automatically collect information that can be used to
identify media in your iTunes library on this computer, such as your play history and playlists. This includes media
purchased through iTunes and media obtained from other sources. This information will be stored anonymously and will
not be associated with your name or Account. When you use the Genius feature, Apple will use this information and the
contents of your iTunes library, as well as other information, to give personalized recommendations to you.
Apple may only use this information and combine it with aggregated information from the iTunes libraries of other users
who also opt in to this feature, your iTunes Store purchase history data, aggregated purchase history data from other
iTunes Store users, and other information obtained from third parties, to:
Create personalized playlists for you from your iTunes library.
Provide you with recommendations regarding media and other products and services that you may wish to purchase.
Provide recommendations regarding products and services to other users.
At all times your information will be treated in accordance with Apple's Privacy Policy.
Once you opt in to the Genius feature in iTunes, you will be able to create Genius playlists on Genius-capable devices.
To enable the Genius feature on a device, you must sync it with your iTunes library after you have opted in.
[fyou prefer that we do not collect and use information from your iTunes library in this manner, you should not enable
the Genius feature. You can revoke your opt-in choice at any time by turning off the Genius feature from the Store menu
in iTunes on your computer. After you opt out, iTunes will no longer send information about your iTunes library to Apple.
If you have elected to share your library from multiple computers, you need to turn off the Genius feature from each
computer. The Genius feature cannot be enabled or disabled from your device.
By opting in to the Genius feature, you consent to the use of your information as described above and as described in
Apple's Privacy Policy.
CONTENT AVAILABILITY
Apple reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED OR RENTED CONTENT
WINW.apple.com!legal!itunes!us!terms.html#SALE

4/21

6/13/12

iTUNES STORE - TERMS AND CONDITIONS
You agree that the iTunes Service and certain iTunes Products include security technology that limits your use of iTunes

Products and that, whether or not ITunes Products are limited by security technology, you shall use iTunes Products in
compliance with the applicable usage rules established by Apple and its licensors (~U5age Rures'~, and that any other use
of the iTunes Products may constitute a copyright infringement. Any security technology is an inseparable part of the
iTunes Products. Apple reserves the right to modify the Usage Rules at any time. You agree notto violate, circumvent,
reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such
Usage Rules for any reason-or to attempt or assist another person to do so. Usage Rules may be controlled and
monitored by Apple for compliance purposes, and Apple reserves the right to enforce the Usage Rules without notice to
you. You agree not to access the ITunes Service by any means other than through software that is provided by Apple for
accessing the iTunes Service. You shall not access or attempt to access an Account that you are not authorized to access.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any
purposes including obtaining unauthorized access to the iTunes Service. Violations of system or network security may
result in civil or criminal liability.
USAGE RULES

0) You shall be authorized to use iTunes Products only for personal, noncommercial use.
(ii) You shall be authorized to use iTunes Products on five iTunes-authorized devices at any time, except for Content
Rentals (see below).
(iii) You shall be able to store iTunes Products from up to five different Accounts at a time on compatible devices,
provided that each iPhone may sync tone iTunes Products with only a single iTunes-authorized device at a time, and
syncing an iPhone with a different iTunes-authorized device will cause tone ITunes Products stored on that iPhone to be
erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video iTunes Products or tone iTunes Products.
(vi) ffunes Plus Products do not contain security technology that limits your usage of such products, and Usage Rules (ii) (v) do not apply to iTunes Plus Products. You may copy, store, and burn iTunes Plus Products as reasonably necessary
for personal, noncommercial use.
(vii) You shall be able to manually sync a movie from at least one ITunes-authorized device to devices that have manual
sync mode, provided that the movie is associated with an Account on the primary ITunes-authorized deVice, where the
primary iTunes-authorized device is the one that was first synced with the device or the one that you subsequently
designate as primary using ITunes.
(viii) An HDCP connection is required to view content transmitted over HDM!.
(Ix) Content Rentals
(a) Content rentals are viewable on only one device at a time. You must be connected to the iTunes Service when moving
rentals, and you may do so only between your computer and other compatible devices. Content rented using your Apple
TV, iPad, iPhone 4, or iPod touch (4th generation) may not be moved. If you move a rental to a compatible device and
then use the iTunes Service to restore that device, or choose Settings> Reset> Erase all content and settings on that
deVice, the rental will be permanently deleted.
(b) You have thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have twenty-four
(24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not extend the available time for
viewing.
Some iTunes Products, including but not limited to Content rentals, may be downloaded only once and cannot be
replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage iTunes Products once
downloaded, and you may wish to back them up.
The delivery of iTunes Products does not transfer to you any commercial or promotional use rights in the iTunes
Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant,
waiver, or other limitation of any rights of the copyright owners in any content embodied in any iTunes Product.
You acknowledge that, because some aspects of the iTunes Service, iTunes Products, and administration of the Usage
Rules entails the ongoing involvement of Apple, if Apple changes any part of or discontinues the iTunes Service, which
Apple may do at its election, you may not be able to use ITunes Products to the same extent as prior to such change or
discontinuation, and that Apple shall have no liability to you in such case.
PING
If you opt in to Ping, you can share information with people who have also opted in to Ping, such as your name, your
image, and your interests. The name and image provided will also be associated with all reviews posted about an iTunes
Product via your Account, including posts prior to opting in. People whom you have permitted to follow you will be able to
see your activity on iTunes, such as events you are attending, music that you have indicated that you like, and purchases

www.apple.com/legal/itunes/us/terms.html#SALE

5/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

STORE AND IBOOKSTORE SERVICES (THE "APP AND BOOK

SERVICES".

THE MAC APP STORE, APP STORE AND IBOOKSTORE SERVICES

Apple is the provider of the App and Book Services that permit you to license software products and digital content (the
"App and Book Products" for end user use only under the terms and conditions set forth in this Agreement. For App
Store Products (defined below), end users may be individuals acting in their own capacities, commercial enterprises or
educational institutions.
REQUIREMENTS FOR USE OF THE APP AND BOOK SERVICES
These App and Book Services are available for individuals aged 13 years or older. Ifyau are 13 or older but under the

age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or
guardian understand it.
The App and Book Services are available to you only in the United States, its territories, and possessions. You agree not
to use or attempt to use the App and Book Services from outside these locations. Apple may use technologies to verify
your compliance.
Use of the App and Book Services requires compatible devices, Internet access, and certain software (fees may apply);
may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is
strongly recommended. The latest version of required software (including, but not limited to iTunes and/or Mac App
Store software) is recommended to access the App and Book Services and may be required for certain transactions or
features and to download App and Book Products previously purchased from the App and Book Services. You agree that
meeting these requirements, which may change from time to time, is your responsibility. The App and Book Services are
not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to
represent or guarantee you access to the App and Book Services.
YOUR ACCOUNT
As a registered user of the App and Book Services, you may establish an account ("Account"). Don't reveal your Account

information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account,
and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security
breach of your Account. Apple shall not be responsible for any losses arising out of the unauthorized use of your
Account.
In order to purchase and download App and Book Products from the App and Book Services, you must enter your Apple
ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to
authenticate again for fifteen minutes. During this time, you will be able to purchase and download App and Book
Products without re-entering your password. You can turn off the ability to make App and Book Product purchases by
adjusting the settings on your computer or iOS Device. For more information, please see
http://support.apple.com/kb/HTl 904 or http://support.apple.com/kb/HT421 3.
You agree to provide accurate and complete information when you register with, and as you use, the App and Book
Services ("App and Book Registration Data'1, and you agree to update your App and Book Registration Data to keep it
accurate and complete. You agree that Apple may store and use the App and Book Registration Data you provide for use
in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire App Store Products, as defined below, (excluding products acquired from the Mac App Store) or
iBookstore Products, as defined below, through the App and Book Services (collectively, "Eligible Contenn, you may elect
to automatically receive ("auto-download") copies of such Eligible Content on additional compatible iDS Devices and
iTunes-authorized computers with compatible software by associating such iDS Devices and computers subject to the
association rules below (each, an "Associated Device'1. For each Associated Device, you may specify which type of Eligible
Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications
("Push-Enabled"), including iOS Devices, the Eligible Content will auto-download to that Associated Device when it has an
Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating
system, Eligible Content will automatically appear in the download queue and you may manually initiate the download
within iTunes.
As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of such previously-

purchased Eligible Content onto any Associated Device. Some Eligible Content that you previously purchased may not be
available for subsequent download at any given time, and Apple shall have no liability to you in such event. As you may
not be able to subsequently download certain previously-purchased Eligible Content, once you download an item of
Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Eligible Content or download preViously-purchased Eligible Content from an Account on up to

10 Associated Devices, provided no more than 5 are iTunes-authorized computers.

www.apple.comliegal/itunes/us/terms.html#SALE

9/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

(lj) An Associated Device can be associated with only one Account at any given time.
(iii)

You may switch an Associated Device to a different Account only once every 90 days.

(Iv) You may download previously-purchased free content onto an unlimited number of devices while it is free on the App
and Book Services, but on no more than 5 ITunes-authorized computers.
The above terms (0 to (iv) do not apply to App Store Products.
Some pieces of Eligible Content may be large, and significant data charges may result from delivery of such Eligible

Content over a data connection.
PRIVACY
The App and Book Services are subject to Apple's Privacy Policy at http://WNW.apple.com/privacy!.
USE OF APP AND BOOK PRODUcrS AND THE APP AND BOOK SERVICES

You agree that the App and Book Services and certain App and Book Products include security technology that limits your
use of App and Book Products and that, whether or not App and Book Products are limited by security technology, you
shall use App and Book Products in compliance with the applicable usage rules established by Apple and its principals
("Usage Rules"), and that any other use of the App and Book Products may constitute a copyright infringement. Any
security technology is an inseparable part of the App and Book Products. Apple reserves the right to modify the Usage
Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper
with any of the security technology related to such Usage Rules for any reason-or to attempt or assist another person to
do so. Usage Rules may be controlled and monitored by Apple for compliance purposes, and Apple reserves the right to
enforce the Usage Rules without notice to you. You agree not to access the App and Book Services by any means other
than through software that is provided by Apple for accessing the App and Book Services. You shall not access or
attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner
or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the
App and Book Services. Violations of system or network security may result in civil or criminal liability.
The delivery of App and Book Products does not transfer to you any promotional use rights in the App and Book
Products.
You acknowledge that, because some aspects of the App and Book Services, App and Book Products, and administration
of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any part of or discontinues the App and
Book Services, which Apple may do at its election, you may not be able to use App and Book Products to the same extent
as prior to such change or discontinuation, and that Apple shall have no liability to you in such case.
SUBMISSIONS TO THE APP AND BOOK SERVICES
The App and Book Services may offer interactive features that allow you to submit materials (including links to thirdparty content) on areas of the App and Book Services accessible and viewable by other users of the App and Book
Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall
be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or
encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also
agree that you have obtained all necessary rights and licenses. You agree to prOVide accurate and complete information
in connection with your submission of any materials on the App and Book Services. You hereby grant Apple a worldWide,
royalty-free, nonexclusive license to use such materials as part of the App and Book Services, and in relation to App and
Book Products, without any compensation or obligation to you. Apple reserves the right to not post or publish any
materials, and to remove or edit any material, at any time in its sale discretion without notice or liability. You may not
submit reviews or ratings for App Store Products downloaded using a promotional Content Code.
Apple has the right, but not the obligation, to monitor any materials submitted by you or othelWise available on the App
and Book Services, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple
in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Apple's Copyright
Policy (http://www.apple.com/legal/copyright.html).
THIRD-PARTY MATERIALS
Certain content, App and Book Products, and services available via the App and Book Services may include materials
from third parties. Apple may provide links to third-party web sites as a convenience to you. You agree that Apple is not
responsible for examining or evaluating the content or accuracy and Apple does not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of
third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the
rights of any other party and that Apple is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the App and Book Services, you may encounter material that you may deem to be
offensive, indecent, or objectionable, and that such content mayor may not be identified as having explicit material.
WIfWoI.apple.com/legal/itunes/us/terms.html#SALE

10/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

Nevertheless, you agree to use the App and Book Services at your sole risk and Apple shall have no liability to you for
material that may be found to be offensive, indecent, or objectionable, App and Book Product types and descriptions
are provided for convenience, and you agree that Apple does not guarantee their accuracy.
INTELLECTUAL PROPERTY

You agree that the App and Book Services, including but not limited to App and Book Products, graphics, user interface,
audio clips, editorial content, and the scripts and software used to implement the App and Book Services, contain
proprietary information and material that is owned by Apple and/or its principals, 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 information or materials in any way whatsoever except for use of the App and Book Services in compliance
with this Agreement. No portion of the App and Book Services may be reproduced in any form or by any means, except
as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative
works based on the App and Book Services in any manner, and you shall not exploit the App and Book Services in any
unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Apple and its principals reserve the right to change, suspend,
remove, or disable access to any App and Book Products, content, or other materials comprising a part of the App and
Book Services at any time without notice. In no event will Apple be liable for making these changes. Apple may also
impose limits on the use of or access to certain features or portions of the App and Book Services, in any case and
without notice or liability.
All copyrights in and to the App and Book Services (including the compilation of content, postings, links to other Internet
resources, and descriptions of those resources) and related software are owned by Apple and lor its principals, who
reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE APP AND BOOK SERVICES,
EXCEPT FOR USE OF THE APP AND BOOK SERVICES AS PERMrrTED IN THIS AGREEMENT, IS STRICTLY PROHIBrrED AND
INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL
PENALTIES, INClUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Apple, the Apple logo, iTunes, App Store, and other Apple trademarks, service marks, graphics, and logos used in
connection with the App and Book Services are trademarks or registered trademarks of Apple Inc. in the U.S. and/or
other countries. Other trademarks, service marks, graphics, and logos used in connection with the App and Book
Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the
aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple, at its
sole discretion, without notice to you may: (i) terminate this Agreement and lor your Account, and you will remain liable
for all amounts due under your Account up to and including the date of termination; and lor (Ii) terminate the license to
the software; and lor (iti) preclude access to the App and Book Services (or any part thereof).
Apple reserves the right to modify, suspend, or discontinue the App and Book Services (or any part or content thereof) at
any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such
rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP AND BOOK SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE APP AND
BOOK SERVICES FOR INDEFINrrE PERIODS OF TIME, OR CANCEL THE APP AND BOOK SERVICES AT ANY TIME, WrrHOUT
NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND BOOK SERVICES IS AT YOUR SOLE RISK.
THE APP AND BOOK SERVICES AND ALL PRODUCTS AND APP AND BOOK SERVICES DELIVERED TO YOU THROUGH THE
APP AND BOOK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR USE, WrrHOUT WARRANTIES OF ANY KIND, ErrHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FrrNESS FOR A PARTICULAR PURPOSE, TrrLE, AND NON INFRINGEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL APPLE, rrs DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITiVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF ANY OF THE APP AND BOOK SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO
YOUR USE OF THE APP AND BOOK SERVICES, INCLUDING, BUT NOT LlMrrED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR
PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP AND BOOK SERVICES, EVEN IF
ADVISED OFTHEIR POSSIBILrrY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LlMrrATION OF LlABILrry FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WrrH THE
W'WW.apple.comflegal/itunes/us/terms.html#SALE

11/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

MAC APP STORE AND APP STORE PRODUCT MAINTENANCE AND SUPPORT

Apple will be responsible for providing any maintenance and support services with respect to the Apple Products only,
as specified in the Licensed Application End User license Agreement or the separate end user license agreement, as the
case may be, or as required under applicable law. The Application Provider of any Third-Party Product will be solely

responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed
Application End User License Agreement Of the Application Provider end user license agreement, as the case may be, or
as required under applicable law.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Mac App Store Products and App Store Products (collectively, "App Store Product(s)") made available through the
Mac App Store Service and App Store Service (collectively, "App Store Service(s)'? are licensed, not sold, to you. Your
license to each App Store Product that you obtain through the App Store Services is subject to your prior acceptance of
this Licensed Application End User license Agreement ("Standard EULA'1, and you agree that the terms of this Standard
EULA will apply to each App Store Product that you license through the App Store Service, unless that App Store Product
is covered by a valid end user license agreement between you and the Application Provider of that App Store Product, in
which case the terms ofthat separate end user license agreement will govern. Your license to any Apple Product under
this Standard EULA or separate end user license agreement is granted by Apple, and your license to any Third-Party
Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that
Third-Party Product. Any App Store Product that is subject to the license granted under this Standard EULA is referred to
herein as the "licensed Application". The Application Provider or Apple as applicable ("licensor") reserves all rights in
and to the licensed Application not expressly granted to you under this Standard EULA.
a. Scope of license: This license granted to you for the licensed Application by licensor is limited to a nontransferable
license to use the Licensed Application on any Apple-branded products running iDS (including but not limited to iPad,
iPhone, and iPod touch) ("iDS Devices'1 or Mac OS X ("Mac Computers'1, as applicable (collectively, "Apple Oevice(s)'1 that
you own or control and as permitted by the usage rules set forth in the Mac App Store, App Store and iBookstore Terms
and Conditions (the "Usage Rules~). This license does not allow you to use the Licensed Application on any Apple Device
that you do not own or control, and except as prOVided in the Usage Rules, you may not distribute or make the licensed
Application available over a network where it could be used by multiple devices atthe same time. You may not rent,
lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Mac Computer or iDS
Device to a third party, you must remove the Licensed Application from the Mac Computer or iDS Device before doing so.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer,
disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any
updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable
law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components
included with the licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors.
If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original
licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license
will govern.

b. Consent to Use of Data: You agree that licensor may collect and use technical data and related information-including
but not limited to technical information about your device, system and application software, and peripherals-that is
gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any)
related to the Licensed Application. licensor may use this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or licensor. Your rights under this license will terminate
automatically without notice from the licensor if you fail to comply with any term(s) of this license. Upon termination of the
license, you shall cease all use of the licensed Application and destroy all copies, full or partial, of the licensed
Application.
d. External Services; Third-Party Materials. The licensed Application may enable access to licensor's and/or third-party
services and websites (collectively and individually, "External Services'? Use of the External Services requires Internet
access and use of certain External Services requires you to accept additional terms. By using this software in connection
with an iTunes Store account, you agree to the latest iTunes Store Terms and Conditions and Usage Rules, which you may
access and review at http://www.apple.com/legal!itunes/ww!.
You understand that by using any of the External Services, you may encounter content that may be deemed offensive,
indecent, or objectionable, which content mayor 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 External Services at your sole risk and that neither the
licensor nor its agents shan have any liability to you for content that may be found to be offensive, indecent, or
objectionable.
Certain External Services may display, include or make available content, data, information, applications or materials
from third parties {'Third Party Materials'1 or provide links to certain third party web sites. By using the External Services,
you acknowledge and agree that neither the Ucensor nor its agents is responsible for examining or evaluating the
content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect
www.apple.com/legal!itunes!us!terms.html#SALE

15/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume
and will not have any liability or responsibility to you or any other person for any third-party 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.
Financial information displayed by any External 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 External 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 External Services is for basic navigational
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. Neither the licensor, nor its agents, 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
External Services.
You agree that the External Services contain proprietary content, information and material that is owned by licensor
and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not
limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever
except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard
EUtA or that infringes any intellectual property rights of a third party or Apple. No portion of the External 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 External Services, in any manner, and you shall not exploit the External Services in any
unauthorized way whatsoever, including but not limited to, using the External 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
External Services in any manner to harass, abuse, stalk. threaten, defame or otherwise infringe or violate the rights of
any other party, and that neither licensor nor its agents is 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 External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the
Apple Devices are not available in all languages or in all countries or regions. licensor makes no representation that such
External Services and Materials are appropriate or available for use in any particular location. To the extent you choose
to use or access such External 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. Licensor reserves the right to
change, suspend, remove, or disable access to any External Services at any time without notice. In no event will licensor
be liable for the removal of or disabling of access to any such External Services. licensor may also impose limits on the
use of or access to certain External Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES
PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED ''M IS" AND "AS AVAILABLE", WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FrfNES$ FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT
OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE
LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPliCATION OR
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES
WILL BE CORRECTED. NO ORAL OR WRrrTEN INFORMATION OR ADVICE GIVEN BY liCENSOR OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPliCATION 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.
f. limitation of liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR
PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED
APPliCATION, HOWEVER CAUSED, REGARDLESS OFTHE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE liMITATION OF LlABIUTY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU. In no event shall licensor'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 fifty dollars ($50.00). The
foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the licensed Application except as authorized by United States law
and the laws of the jurisdiction in which the licensed Application was obtained. In particular, but without limitation, the
licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the
U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons list
or Entity list. By using the licensed Application, you represent and warrant that you are not located in any such country
www.apple.com/legal/itunes/us/terms.html#SALE

16/21

6/13/12

iTUNES STORE - TERMS AND CONDITIONS
or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law,
including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or
biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R.
§2.1 01, 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.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed
Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

ADDITIONAL IBOOKSTORE TERMS AND CONDITIONS
PURCHASE OF IBOOKSTORE PRODUCTS
You acknowledge that you are purchasing the content made available through the iBookstore Service (the "iBookstore
Products', from the third-party provider of that iBookstore Product (the "Publisher'?; Apple is acting as agent for the
Publisher in providing each such iBookstore Product to you; Apple is not a party to the transaction between you and the
Publisher with respect to that iBookstore Product; and the Publisher of each iBookstore Product reserves the right to
enforce the terms of use relating to that iBookstore Product. The Publisher of each iBookstore Product is solely
responsible for that iBookstore Product, the content therein, any warranties to the extent that such warranties have not
been disclaimed, and any claims that you or any other party may have relating to that iBookstore Product or your use of
that iBookstore Product.
lBOOKSTORE PRODUCT USAGE RULES
(i) You shall be authorized to use the iBookstore Products only for personal, noncommercial use.

(ii) You shall be able to store iBookstore Products from up to five different Accounts at a time on certain
devices, such as an iPad, iPod touch, or iPhone.

i~S-based

(ill) You shall be able to store iBookstore Products on five ITunes-authorized devices at any time.

(iv) The delivery of iBookstore Products does not transfer to you any promotional use rights in the iBookstore Products or
any rights to burn the iBookstore Products to disc.
(v) You shall be able to manually sync iBookstore Products from at least one ITunes-authorized device to devices that
have manual sync mode, provided that the iBookstore Product is associated with an Account on the primary ITunesauthorized device, where the primary ITunes-authorized device is the one that was first synced with the device or the
one that you subsequently designate as primary using iTunes.
Last Updated: May 23,2012
D. PRIVACY POLICY
Your privacy is important to Apple. So we've developed a Privacy Policy that covers how we collect, use, disclose,
transfer, and store your information. please take a moment to familiarize yourself with our privacy practices and let us
know if you have any questions.
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person.
You may be asked to provide your personal information anytime you are in contact with Apple or an Apple affiliated
company. Apple and its affiliates may share this personal information with each other and use it consistent with this
Privacy Policy. They may also combine it with other information to provide and improve our products, services, content,
and advertising.
Here are some examples of the types of personal information Apple may collect and how we may use it.
What personal information we collect
• When you create an Apple 10, register your products, apply for commercial credit, purchase a product, download a
software update, register for a class at an Apple Retail Store, or participate in an online survey, we may collect a variety
of information, including your name, mailing address, phone number, email address, contact preferences, and credit
card information .
• When you share your content with family and friends using Apple products, send gift certificates and products, or
lWNJ.apple.com/legal/itunes/us/terms.html#SALE

17/21

6/13/12

iTUNES STORE - TERMS AND CONDITIONS
invite others to join you on Apple forums, Apple may collect the information you provide about those people such as
name, mailing address, email address, and phone number.
• In the U.S., we may ask for your Social Security number (SSN) but only in limited circumstances such as when setting up
a wireless account and activating your iPhone or when determining whether to extend commercial credit.
How we use your personal information
• The personal information we collect allows us to keep you posted on Apple's latest product announcements, software
updates, and upcoming events. It also helps us to improve our services, content, and advertising. [fyou don't want to be
on our mailing list, you can opt out anytime by updating your preferences.
• We also use personal information to help us develop, deliver, and improve our products, services, content, and
advertising.
• From time to time, we may use your personal information to send important notices, such as communications about
purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction
with Apple, you may not opt out of receiving these communications.
• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve
Apple's products, services, and customer communications.
• If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer
those programs.
Collection and Use of Non-Personal Information
We also collect non-personal information - data in a form that does not permit direct association with any specific
individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some
examples of non-personal information that we collect and how we may use it:
• We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and
the time zone where an Apple product is used so that we can better understand customer behavior and improve our
products, services, and advertising.
• We also may collect information regarding customer activities on our website, iCloud and MobileMe services, and
Ifunes Store and from our other products and services. This information is aggregated and used to help us provide
more useful information to our customers and to understand which parts of our website, products, and services are of
most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.
If we do combine non-personal information with personal information the combined information will be treated as
personal information for as long as it remains combined.
Cookies and Other Technologies
Apple's website, online services, interactive applications, email messages, and advertisements may use "cookies" and
other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell
us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and
web searches. We treat information collected by cookies and other technologies as non-personal information. However,
to the extent that Internet Protocol OP) addresses or similar identifiers are considered personal information by local law,
we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined
with personal information, we treat the combined information as personal information for the purposes of this Privacy
Policy.
Apple and its partners use cookies and other technologies in mobile advertising services to control the number oftimes
you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do
not want to receive ads with this level of relevance on your mobile device, you can opt out by accessing the following link
on your device: http://oo.apple.com. [fyou 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.
Apple and our partners also use cookies and other technologies to remember personal information when you use our
website, online services, and applications. Our goal in these cases is to make your experience with Apple more
convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Apple
Online Store. Knowing your country and language - and if you are an educator, your school - helps us provide a
customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a
certain product or used a particular service helps us make our advertising and email communications more relevant to
your interests. And knowing your contact information, product serial numbers, and information about your computer or
device helps us register your products, personalize your operating system, set up your iCloud service, and provide you
with better customer service.

www.apple.com/legaf/itunes/us/terms.htmf#SALE

18/21

iTUNES STORE - TERMS AND CONDITIONS

6/13/12

If you want to disable cookies and you're using the Safari web browser, go to Safari preferences and then to the Security
pane to disable cookies. On your Apple mobile device, go to Settings, then Safari, and then to the Cookies section. For
other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the
Apple website will not be available once cookies are disabled.
As is true of most websites, we gather some information automatically and store it in log files. This information includes

Internet Protocol OP) addresses, browser type and language, Internet service provider (lSP), referring and exit pages,
operating system, date/time stamp, and dickstream data.
We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the
site, and to gather demographic information about our user base as a whole. APple may use this information in our
marketing and advertising services.
In some of our email messages, we use a "click-through URl" linked to content on the Apple website. When customers
click one of these URls, they pass through a separate web server before arriving at the destination page on our website.
We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our
customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the
email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been
opened. We may use this information to reduce or eliminate messages sent to customers.
Disclosure to Third Parries
At times Apple may make certain personal information available to strategic partners that work with Apple to provide
products and services, or that help Apple market to customers. For example, when you purchase and activate your
iPhone, you authorize Apple and its carrier to exchange the information you provide during the activation process to
carry out service. If you are approved for service, your account will be governed by Apple and its carrier's respective
privacy policies. Personal information will only be shared by Apple to provide or improve our products, services and
advertising; it will not be shared with third parties for their marketing purposes.
Service Providers
Apple shares personal information with companies who provide services such as information processing, extending
credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer
service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys.
These companies are obligated to protect your information and may be located wherever Apple operates.
Others
It may be necessary - by law, legal process, litigation, and/or requests from public and governmental authorities within
or outside your country of residence - for Apple to disclose your personal information. We may also disclose Information
about you if we determine that for purposes of national security, law enforcement, or other issues of public importance,
disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms
and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may
transfer any and all personal information we collect to the relevant third party.
Protection of Personal Information
Apple takes precautions - including administrative, technical, and phYSical measures - to safeguard your personal
information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and
destruction.
Apple online services such as the Apple Online Store and iTunes Store use Secure Sockets layer (SSl) encryption on all
web pages where personal information is collected. To make purchases from these services, you must use an SSlenabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal
information while it's transmitted over the Internet.
When you use some Apple products, services, or applications or post on an Apple forum, chat room, or social networking
service, the personal information you share is visible to other users and can be read, collected, or used by them. You are
responsible for the personal information you choose to submit in these instances. For example, if you list your name and
email address in a forum posting, that information is public. Please take care when using these features.
Integrity and Retention of Personal Information
Apple makes it easy for you to keep your personal information accurate, complete, and up to date. We wlll retain your
personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer
retention period is required or permitted by law.
Access to Personal Information
www.apple.com/legal/itunes/us/terms.htmJ#SALE

19/21

iTUNES STORE - TERMS AND CONDITIONS

6113112

You can help ensure that your contact information and preferences are accurate, complete, and up to date by fogging in
to your account at https://appleid.apple.com/. For other personal information, we make good faith efforts to provide you
with access so you can request that we correct the data if it is inaccurate or delete the data if Apple is not required to
retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably
repeflt'lve, require disproportionate technical effort, jeopardize the pflvacy of others, are extremely impractical, or for
which access is not otherwise required by local law. Access, correction, or deletion requests can be made to the regional
Privacy email addresses.
Children
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal
information of a child under 13 we will take steps to delete the information as soon as possible.
location-Based Services
To provide location-based services on Apple products, Apple and our partners and licensees may collect, use, and
share precise location data, including the real-time geographic location of your Apple computer or device. This location
data is collected anonymously in a form that does not personally identify you and is used by Apple and our partners and
licensees to provide and improve location-based products and services. For example, we may share geographic location
with application providers when you opt in to their location services.
Some location-based services offered by Apple, such as the "Find My iPhone" feature, require your personal information
for the feature to work.
Third-Party Sites and Services
Apple websites, products, applications, and services may contain links to third-partywebsites, products, and services.
Our products and services may also use or offer products or services from third parties - for example, a third-party
iPhone app. Information collected by third parties, which may include such things as location data or contact details, is
governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
International Users
Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy.
Apple abides by the "safe harbor" framework set forth by the U.S. Department of Commerce regarding the collection,
use, and retention of personal information collected by organizations in the European Economic Area and Switzerland.
learn more about the U.S. Department of Commerce Safe Harbor Program.
please note that personal information regarding individuals who reside in a member state of the European Economic
Area (EEA) is jointly controlled by Apple Distribution International in Cork, Ireland, and Apple UK limited in Uxbridge,
United Kingdom. Personal information collected in the EEA when using iTunes is controlled by iTunes SARl in
luxembourg.
Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security guidelines to Apple
employees and strictly enforce privacy safeguards within the company.
Privacy Questions
If you have questions or concerns about Apple's privacy Policy or data proceSSing, please contact us at the appropriate
regional email add resses for your local Apple Data Controller listed below.
Country or Region - Contact Information
United States http://www.apple.com/privacy/contact/
Canada http://www.apple.com/privacy /contact/
latin America http://.....ww.apple.com/privacy/contact/
Europe http://www.apple.com/privacy/contact/
Japan http://www.apple.com/privacy/contact/
Australia http://www.apple.com/privacy !contact/
Asia/Pacific http://WNW.apple.com/privacy /contact/
Apple may update its Privacy Policy From time to time. When we change the policy in a material way, a notice will be
posted on our website along with the updated Privacy Policy.
Apple Inc., 1 Infinite loop, Cupertino, California, USA 9S014
last updated October 12, 2011

_______________________~J
WoNW.apple.com/legallitunes/us/terms.html#SALE

20121

6/13/12

www.apple.com/legallitunes/us/terms.html#SALE

iTUNES STORE - TERMS AND CONDITIONS

21/21