Freecom Technologies Dual Drive Network Center User Manual

Page 75

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6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations

and/or other rights consistent with the scope of the license granted herein („Additional Terms“) to one or more recipients of

Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple

or any Contributor. You must obtain the recipient‘s agreement that any such Additional Terms are offered by You alone, and

You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims

asserted against Apple or such Contributor by reason of any such Additional Terms.

7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will

be given a distinguishing version number. Once Original Code has been published under a particular version of this License,

You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms

of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms

applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested

works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain

inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and

entire risk. THE COVERED CODE IS PROVIDED „AS IS“ AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND

APPLE AND APPLE‘S LICENSOR(S) (COLLECTIVELY REFERRED TO AS „APPLE“ FOR THE PURPOSES OF SECTIONS 8 AND 9) AND

ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF

FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY

RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE

COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE

OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL

BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE

OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the

operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the

failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE

LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS

LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY

OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH

CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF

ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY 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) under this License exceed the amount of fifty dollars

($50.00).

10. Trademarks. This License does not grant any rights to use the trademarks or trade names „Apple“, „Apple Computer“,

„Mac“, „Mac OS“, „QuickTime“, „QuickTime Streaming Server“ or any other trademarks, service marks, logos or trade names

belonging to Apple (collectively „Apple Marks“) or to any trademark, service mark, logo or trade name belonging to any

Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code

or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict

compliance at all times with Apple‘s third party trademark usage guidelines which are posted at http://www.apple.com/

legal/guidelinesfor3rdparties.html.

11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to

any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any

Modifications made by or on behalf of Apple („Apple Modifications“), and such Apple Modifications will not be automatically

subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on

different terms from those contained in this License or may choose not to license them at all.

12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate:

(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach

within 30 days of becoming aware of such breach;

(b) immediately in the event of the circumstances described in Section 13.5(b); or

(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent

infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in

that instance.

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