SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES
PERFORMED BY THE iPHONE SOFTWARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE iPHONE SOFTWARE AND SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE
TO BE MADE AVAILABLE, THAT DEFECTS IN THE iPHONE SOFTWARE OR
SERVICES WILL BE CORRECTED, OR THAT THE iPHONE SOFTWARE WILL BE
COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS
OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT
THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES. YOU FURTHER ACKNOWLEGE THAT THE iPHONE SOFTWARE AND
SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR
ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR
INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE
IPHONE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT
LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR
WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE iPHONE SOFTWARE 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.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE
LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR
ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE
ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO
USE THE iPHONE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE
OR APPLICATIONS IN CONJUNCTION WITH THE iPHONE 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 OF
LIABILITY FOR PERSONAL INJURY, OR 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 in cases involving personal injury) exceed the amount of two
hundred and fty dollars (U.S.$250.00). The foregoing limitations will apply
even if the above stated remedy fails of its essential purpose.
9. Digital Certicates. The iPhone Software contains functionality that allows
it to accept digital certicates either issued from Apple or from third parties.
YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY
ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR
USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY
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