
APPLE COMPUTER, INC.
APPLE BINARY DRIVER SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE.  BY USING THE SOFTWARE, 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 APPLE SOFTWARE.

1. License.  The Apple driver software, kernel extension files, documentation and other materials accompanying this License, whether on disk, in read only memory, on any other media or in any other form (collectively, the "Apple Software") are licensed, not sold, to you by Apple Computer, Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you.  The rights granted herein are limited to Apple's intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights.  You own the media (if any) on which the Apple Software is recorded but Apple retains ownership of the Apple Software itself.  The Apple Software in this package and any copies which this License authorizes you to make are subject to this License.  

2. Permitted Uses and Restrictions.  Subject to the terms and conditions of this License:

(a) you may, in connection with the installation and running of AppleŐs Darwin operating system ("Darwin OS"), use the Apple Software for personal use or internally within your business or organization, and you may make a reasonable number of copies of the Apple Software to the extent necessary to effect such internal use purposes; and

(b) if you are redistributing the Darwin OS (or portions thereof) pursuant to the terms of the Apple Public Source License Versions 1.0, 1.1 or 1.2 (the "APSL"), you may reproduce and distribute copies of the Apple Software together with the Darwin OS for the sole purpose of enabling others to install and run the Darwin OS, provided that: (i) the Apple Software is distributed in its entirety, including all its component parts and related documentation (if any); (ii) the Apple Software is distributed under the terms of this License and a copy of this License accompanies such distribution; and (iii) your underlying Darwin OS redistribution is in accordance with the terms of the APSL and other applicable third party licensing terms. This License does not permit the Apple Software to be distributed on a standalone basis or in any manner other than as expressly permitted above.

In all cases, you must reproduce the Apple copyright notice and any other proprietary legends that were on the original copy of the Apple Software on each copy of the Apple Software that you make.  Except as and only to the extent expressly permitted in this License or by applicable law, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Apple Software in whole or part or transmit the Apple Software over a network or from one computer to another.  Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Apple Software is released which is incompatible with this version of the Apple Software.

3. Disclaimer Of Warranty.  The Apple Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Apple Software.  Such Apple Software 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 APPLE SOFTWARE IS AT YOUR SOLE RISK.  THE APPLE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND APPLE AND APPLE'S LICENSORS (FOR THE PURPOSES OF SECTIONS 3 AND 4, APPLE AND APPLE'S LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OR QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, 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 WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU 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.

4. Limitation Of Liability.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGESWHATSOEVER, 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 APPLE SOFTWARE, 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 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 $50.

5. Export Law Assurances.  You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained.  In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, or the Taliban Controlled areas of Afghanistan) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied PersonŐs List or Entity List.  By using the Apple Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

6. Government End Users. If the Apple Software is supplied to the United States Government, the Apple 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. ¤227.7202-1through 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.

7. Controlling Law and Severability.   This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. 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 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.  

8. Complete Agreement.  This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder 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. 
						                                        92501