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 Services
or in any manner that is inconsistent with the terms of this License or that
infringes any intellectual property rights of a third party or Apple. No portion
of the Services may be reproduced in any form or by any means. You agree
not to modify, rent, lease, loan, sell, distribute, or create derivative works based
on the Services, in any manner, and you shall not exploit the Services in any
unauthorized way whatsoever, including but not limited to, using the Services
to transmit any computer viruses, worms, trojan horses or other malware, or
by trespass or burdening network capacity. You further agree not to use the
Services in any manner to harass, abuse, stalk, threaten, defame or otherwise
infringe or violate the rights of any other party, and that Apple is not in any
way responsible for any such use by you, nor for any harassing, threatening,
defamatory, oensive, infringing or illegal messages or transmissions that you
may receive as a result of using any of the Services.
(f) In addition, Services and Third Party Materials that may be accessed from,
displayed on or linked to from the iPhone are not available in all languages
or in all countries. Apple makes no representation that such Services and
Materials are appropriate or available for use in any particular location. To
the extent you choose to access such Services or Materials, you do so at your
own initiative and are responsible for compliance with any applicable laws,
including but not limited to applicable local laws. Apple and its licensors
reserve the right to change, suspend, remove, or disable access to any
Services at any time without notice. In no event will Apple be liable for the
removal of or disabling of access to any such Services. Apple may also impose
limits on the use of or access to certain Services, in any case and without
notice or liability.
6. Termination. This License is eective until terminated. Your rights under
this License will terminate automatically or otherwise cease to be eective
without notice from Apple if you fail to comply with any term(s) of this
License. Upon the termination of this License, you shall cease all use of the
iPhone Software. Sections 7, 8, 9, 12 and 13 of this License shall survive any
such termination.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iPHONE
SOFTWARE AND SERVICES 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 iPHONE SOFTWARE AND SERVICES PERFORMED BY THE iPHONE
SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS
(COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7
AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT
TO THE iPHONE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iPHONE
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