This software application program ("Software") is licensed to you by Apple Computer, Inc. ("Apple"). This license allows you to install, use, copy, distribute and create derivative works of the Software. You agree that any distribution by you of the Software shall include the source code of the Software, a copy of this License, unaltered, together with the following copyright notice, "(c) 2000, Apple Computer, Inc. All rights reserved." Any distribution of a derivative work of this Software shall include the source code of the original Software, a statement that the distributed code is modified Software code and a license containing the terms stated herein, not altering the rights granted, and the following copyright notice attached to the derivative work, "Portions copyrighted, (c) 2000, Apple Computer, Inc. All rights reserved". No rights other than are expressly granted herein are provided, including patent rights. If any third party infringement claim is submitted in respect of the Software, Apple may at its option suspend the rights granted hereunder by giving notice at its web-site. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and Apple EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. UNDER NO CIRCUMSTANCES, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTY OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS DISCLAIMER OR LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages exceed the amount paid by the original licensee for this license. This license shall terminate on the occurrence of a material breach by you, and shall be governed by the laws of the United States and the State of California.