Apple Newton Utilities User Manual

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6. Disclaimer of Warranty on Apple Software.

You expressly acknowledge and agree

that use of the Apple Software and fonts is at your sole risk. The Apple Software, related
documentation and fonts are provided “AS IS” and without warranty of any kind and Apple and
Apple’s Licensor(s) (for the purposes of provisions 6 and 7, Apple and Apple’s Licensor(s) shall be
collectively referred to as “Apple”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. APPLE DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE APPLE SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE,
APPLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE APPLE SOFTWARE AND FONTS OR RELATED DOCUMENTATION IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN
APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL

APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OR INABILITY TO USE THE APPLE SOFTWARE OR RELATED DOCUMENTATION,
EVEN IF APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall Apple’s total liability to you for all damages, losses, and causes of action (whether in
contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Apple
Software and fonts.

8. Controlling Law and Severability.

This License shall be governed by and construed in

accordance with the laws of the United States and the State of California, as applied to agreements
entered into and to be performed entirely within California between California residents. If for any
reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to
be unenforceable, that provision of the License shall be enforced to the maximum extent permissible
so as to effect the intent of the parties, and the remainder of this License shall continue in full force
and effect.

9. Complete Agreement.

This License constitutes the entire agreement between the parties

with respect to the use of the Apple Software, related documentation and fonts, and supersedes all
prior or contemporaneous understandings or agreements, written or oral, regarding such subject
matter. No amendment to or modification of this License will be binding unless in writing and signed
by a duly authorized representative of Apple.