Terms of Use

This webkit.org Terms of Use agreement (“Terms”) provides important information about use of this website and any webkit.org accounts you may have, so you should take the time to read and understand it. You may review, save or print any part of these Terms. We encourage you to print out a copy of this entire document and refer to it as you use webkit.org. As used herein, “Apple” means and refers to Apple Inc., One Infinite Loop, Cupertino California, U.S.A.

ACCEPTANCE OF TERMS

IMPORTANT: YOUR USE OF WEBKIT.ORG IS SUBJECT TO THESE TERMS AS PRESENTED TO YOU HERE. BY USING WEBKIT.ORG, YOU AGREE TO BE BOUND BY THESE TERMS. NO CHANGES (ADDITIONS OR DELETIONS) TO THESE TERMS WILL BE ACCEPTED BY APPLE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE WEBKIT.ORG.

Apple may change, add or remove any part of these Terms, or any part of the webkit.org services and features at any time. If it does so, Apple will post such changes on the webkit.org site.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING WEBKIT.ORG. YOUR CONTINUED USE OF WEBKIT.ORG NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.

Your use of webkit.org is also subject to Apple’s Privacy Policy.

USING WEBKIT.ORG

To use a webkit.org account, you must be at least 13 years old (or such older minimum age as may be required by applicable local law). If you are under the required age, you may still use webkit.org (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian.

This Terms of Use Agreement is a legal document that sets forth your rights and obligations as a webkit.org user. Your use of webkit.org signifies that you have accepted these Terms, and you must abide by these Terms in order to have the right to use webkit.org.

When you accept these Terms and complete the webkit.org registration process, you become the account holder. As a webkit.org account holder, Apple provides you with a limited, non-exclusive license for as long as your account is valid to use the account name and password provided to you for your account. Your account name, when confirmed by Apple, is your online identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately. Apple will not be liable for any loss or damage arising from your failure to keep your password secure.

As used in these Terms, “Content” means the data, text, software, communications, images, sounds, and all other information and materials you encounter or generate through your webkit.org account or on-line through the Internet.

AVAILABILITY OF THE SERVICE

While Apple makes reasonable efforts to ensure that webkit.org is available at all times, Apple does not guarantee, represent or warrant that webkit.org services will be uninterrupted or error-free, and Apple does not guarantee that users will be able to access or use all the webkit.org features at all times.

Subject to any specific license agreements for various webkit.org software projects (including third party software projects hosted on webkit.org)—See “Licensing of Software Projects” below – Apple may change, suspend or discontinue any (or all) aspects of webkit.org at any time, including the availability of any webkit.org feature or project. Apple may also impose limits on the use of or access to certain features or portions of webkit.org, or restrict your access to any part or all of webkit.org, in all cases without notice or liability. You must read and agree to any separate software or other license agreement or terms of use for particular projects, services or features of webkit.org, if you elect to use those projects, services or features.

Apple also does not guarantee or warrant that any Content you may have in your account at webkit.org, or hosted at webkit.org, will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Content. Apple will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Content in your account and stored on the webkit.org system is damaged, lost or corrupted in any way, Apple will have no obligation or liability to you.

LICENSING OF CONTENT

By submitting or posting Content on areas of webkit.org accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant Apple a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, perform, display, distribute and publish any such public area Content for the purpose of displaying, distributing and promoting the area on which such Content is posted. The foregoing sentence does not apply to the extent that Content you are submitting or posting is a work of the United States Government for which copyright is unavailable under 17 U.S.C. 105.

LICENSING OF SOFTWARE PROJECTS

Use, reproduction, modification, redistribution and other intellectual property rights to software and other data hosted on webkit.org as software projects (“Source Projects”) shall be subject to the open source license(s) accompanying or otherwise applicable to such Source Projects, or other licensing arrangement approved by Apple as applicable to such Source Project. To the extent you submit or post software or other data to such Source Projects, you represent that you are the owner of such material or have authorization to license it in accordance with the open source or other licensing terms applicable to that Source Project.

Source code repository commit access, maintenance and other privileges related to Source Projects may be subject to written acceptance of additional terms and conditions. No implied rights or licenses, including without limitation any implied patent licenses, are granted by Apple as a result of any Source Project being hosted on webkit.org.

TRADEMARK INFORMATION

Apple, the Apple logo and other Apple trademarks, service marks, graphics, and logos used in connection with webkit.org are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with webkit.org may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

You may use the WebKit mark in order to indicate that your product utilizes or is compatible with the WebKit software (for example “WebKit™-enabled”) provided that:

The product does in fact use WebKit software developed by the WebKit.org open source project;
The WebKit mark must stand apart from your brand or trademark (e.g., as in “WebKit for Chromium”)
You will not seek to register a trademark containing the WebKit mark; and
You will not state or imply in any way that Apple endorses, sponsors or guarantees your product, or was involved in or associated with its development.

ACCEPTABLE USE POLICY GUIDELINES

Apple encourages webkit.org users to participate in the projects, discussion forums, and other forms of on-line communication and services available through the webkit.org website. However, it is important to remember that there are rules and standards that you must abide by when you use webkit.org. These rules and standards are described in these Terms. As a webkit.org user, you agree to comply with these Terms, and you acknowledge that Apple has the right to enforce these Terms in its sole discretion. This means that if you, or anyone using your webkit.org account violate these Terms, Apple may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for webkit.org to legal action—as Apple deems necessary or appropriate. Apple is not required to provide notice prior to terminating your webkit.org access for violating these rules and standards, but it may choose to do so.

You are solely responsible for any Content you may publish or store on webkit.org and for your conduct, and the conduct of anyone using your account, while using webkit.org. This includes but is not limited to the contents of all comments and messages generated or forwarded, and all Content in any files, folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your webkit.org account, or otherwise posted on webkit.org. Apple will not be responsible or liable in any way for any such on-line distribution or publication. Apple cannot and will not review every message or other Content which may generated or posted on or through your account (although Apple reserves the right to monitor account holders’ use of webkit.org—see “Investigations”, below), and Apple will not be responsible for anything in any of those messages or Content.

Your use of webkit.org should conform to the requirements of the law, respect for the rights of other users of webkit.org and third parties, and current standards for communicating on-line. By your use of webkit.org, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, these Terms and all applicable laws.

Apple reserves the right to terminate your access to webkit.org at any time, with cause or without cause for any reason. Events that are likely to trigger termination include, but are not limited to any breach of these Terms by you (or anyone using your account), your infringement of Apple’s or webkit.org’s or others’ intellectual property, or any other circumstances which, in Apple’s sole discretion, merit termination. In the event of termination, Apple may remove any Content you may have stored or posted on webkit.org.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

Illegal, Tortious and Prohibited Conduct

webkit.org may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Apple or other webkit.org users to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

Examples of prohibited conduct are:

Posting obscene Content (including child pornography)
Planning illegal activity, such as building a bomb or counterfeiting money
Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), another webkit.org user, an Apple employee, or a civic or government leader; Apple reserves the right to reject or block any webkit.org user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity
Using false statements to get, or to attempt to get, account information or other private information from other webkit.org or Internet users
Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement

If you believe that illegal, tortious or other prohibited Content is being transmitted through any webkit.org service, you may report it to web-evangelist@apple.com.

Apple reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, Apple reserves the right to comply with any civil court orders and/or subpoenas. If Apple decides to investigate or resolve possible misuse involving you or anything you do on webkit.org, Apple is entitled, except to the extent prohibited by applicable law, to disclose any information about you in Apple’s possession in connection with your use of webkit.org and anything you do with webkit.org to law enforcement or other government officials, as Apple in its sole discretion believes to be necessary or appropriate. By your acceptance of these Terms and your use of webkit.org, you authorize Apple to take any such actions.

Objectionable Conduct and Content

It is essential that all Content on webkit.org reflect the provisions of these Terms. Apple reserves the right to remove Content if Apple becomes aware of any Content in any webkit.org area which, in Apple’s judgment, does not conform to these Terms. Apple may send you a warning about the violation of these Terms if your webkit.org account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, Apple reserves the right to terminate, with or without notice, the accounts of webkit.org users who violate these Terms.

Examples of objectionable conduct and Content that violate the webkit.org acceptable use policy are:

Harassing, threatening, or embarrassing another webkit.org or Internet user, including unsolicited commercial communications
Stalking another webkit.org or Internet user (“cyberstalking”)
Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable
If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends
Posting Content that defames, abuses or threatens physical harm to others or yourself

Please remember that these are only guidelines; there are always “gray areas.” Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, Apple reserves the right to make the final determination about whether Content is objectionable or not.

If you encounter something you find inappropriate, you may report it to web-evangelist@apple.com.

Copyright and Intellectual Property Infringement

Much of the Content available through webkit.org is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. In addition, the Source Projects hosted on webkit.org are subject to the terms of the respective open source license agreements (or other licensing terms) applicable to or accompanying such Source Project. Before you upload or download any Content while using webkit.org, make sure you have been given the legal right to do so by the owner of the Content and that you understand and agree to any applicable licensing terms.

Making or posting unauthorized copies of any Content can lead to the termination of your webkit.org access and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Apple because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify Apple, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of Apple hiring attorneys to defend against the action.

If you believe that any Content in which you claim copyright has been infringed by anyone using webkit.org, please contact Apple’s Copyright Agent as described in our Copyright Policy.

Violations of System and Network Security

Violations of system and network security are prohibited, and may result in criminal and civil liability. Apple will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
Falsifying your user identity or providing other false information to Apple or to other users of webkit.org in connection with your use of webkit.org or any feature of webkit.org
Posting viruses or software designed to create a virus or to do harm to webkit.org, any webkit.org account holders or users of webkit.org, or any network
Taking any other action to disrupt the normal use of webkit.org or the Internet by other users
Unsolicited E-Mail (“Spamming” and “Mailbombing”)
Using information collected from any webkit.org user or webkit.org user directory or any other area of webkit.org for the purpose of sending unsolicited e-mail, whether or not it qualifies as “bulk” e-mail
Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a webkit.org account, remailer, or otherwise through any feature of webkit.org, or using a webkit.org account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities

In addition, webkit.org may not be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. Certain commercial or business uses are prohibited, including the following:

Soliciting for advertisers or sponsors
Posting sponsorships and third-party advertisements and banners
Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other webkit.org users
Reselling, renting or subleasing webkit.org space under any circumstance
Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding webkit.org users other than for personal, non-commercial purposes
Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters

INVESTIGATIONS

APPLE RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL WEBKIT.ORG FEATURES, PROJECTS AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER’S ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THESE TERMS.

When Apple becomes aware of possible violations, Apple may initiate an investigation, which may include gathering information from any webkit.org user or account involved, any third party and any complaining party.

During the investigation, Apple may suspend or terminate any or all of a user’s webkit.org accounts involved and/or remove the Content involved from Apple’s system. If Apple believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the webkit.org system, warnings to the webkit.org user(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, Apple believes that any criminal activity has occurred, Apple reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

LINKS

Certain Content, components or features of webkit.org may include materials from third parties and/or hyperlinks to other web sites, resources or content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

WAIVER AND INDEMNITY

As a webkit.org user, you agree to indemnify, defend and hold harmless Apple, its directors, officers, employees and agents from and against any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees and court costs) made by any third party (“Claims”) due to or arising out of your acts or omissions, including Claims arising out of your use of the webkit.org website, your submission, posting or transmission of Content on webkit.org, or your violation of these Terms.

YOU FURTHER AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST APPLE, AND TO HOLD APPLE HARMLESS AND INDEMNIFY APPLE WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE APPLE OR RECOVER ANY DAMAGES WHATSOEVER FROM APPLE AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE WEBKIT.ORG SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR WEBKIT.ORG ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THESE WAIVER AND INDEMNITY PROVISIONS APPLY TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBKIT.ORG WEBSITE, FEATURES, PROJECTS AND SERVICES ARE AT YOUR SOLE RISK. THE WEBKIT.ORG WEBSITE, FEATURES, PROJECTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

APPLE DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH WEBKIT.ORG WILL BE ERROR-FREE, COMPLETE OR ACCURATE, OR FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.

IN NO CASE SHALL APPLE, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE WEBKIT.ORG (II) ANY CHANGES MADE TO WEBKIT.ORG OR ANY TEMPORARY OR PERMANENT CESSATION OF WEBKIT.ORG OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH WEBKIT.ORG; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WEBKIT.ORG; AND (VI) ANY OTHER MATTER RELATING TO WEBKIT.ORG. APPLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PROJECT OR SERVICE OFFERED THROUGH WEBKIT.ORG AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH WEBKIT.ORG. YOU HEREBY RELEASE APPLE FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

NOTICES

Apple may give notice to any webkit.org user by sending an e-mail message to the user’s account. webkit.org users may contact Apple by sending an e-mail message to web-evangelist@apple.com.

U.S. EXPORT CONTROLS

You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List, without first obtaining, and then complying with, any requisite government authorization. By using webkit.org, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use webkit.org for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your webkit.org account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of these Terms.

LEGAL PRINCIPLES

These Terms represent your entire agreement with Apple with respect to webkit.org. You agree that these Terms are not intended to confer and does not confer any rights or remedies upon any person other than you, as a webkit.org user, and Apple.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any claim or cause of action arising out of or related to use of webkit.org or these terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Except as required by applicable non-U.S. local or national law, the laws of the State of California, United States of America, excluding its conflicts of law rules, govern these Terms and your use of webkit.org. Your conduct and use of webkit.org may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple regarding webkit.org or relating in any way to your account or your use of webkit.org resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the California courts in connection with any such dispute, including any claim involving Apple or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to webkit.org.

Version April 19, 2012

BSD License

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY APPLE INC. AND ITS CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL APPLE INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.