Itunes Software License
Itunes Software License
Apple Inc.
Software License Agreement for iTunes for Windows
Please read this software license agreement (“License”) carefully before using the Apple software. By using the Apple
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 software. If you do not agree to the terms of the License, you may return the Apple software to the place where
you obtained it for a refund. If the Apple software was accessed electronically, click “disagree/decline”. For Apple
software included with your purchase of hardware, you must return the entire hardware/software package in order to
obtain a refund.
Important Note: To the extent that this software may be used to reproduce materials, it is licensed to you only for
reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or
legally permitted to reproduce. To the extent that this software may be used for remote access to music files for listening
between computers, remote access of copyrighted music is only provided for lawful personal use or as otherwise legally
permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal
advisor.
1. General.
A. The Apple and any third party software, documentation and any fonts 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
Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple
Software itself and reserve all rights not expressly granted to you.
B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your compatible computer.
Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for
newer or other models of computer. The terms of this License will govern any software upgrades or updates provided by Apple
that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate
license in which case the terms of that license will govern.
C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the
respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be
subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content
nor does it guarantee that such content will continue to be available to you.
(ii) If you obtained the Apple Software from the Microsoft Store, you are granted a limited, non-transferable, non-exclusive
license to download, install, and use one (1) copy of the Apple Software on each compatible computer that is affiliated with the
Microsoft account that you use to access the Microsoft Store.
B. Other Use Restrictions. To the extent that the Apple Software may be used to reproduce materials, such use is limited to
reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally
permitted to reproduce. You may not make the Apple Software available over a network where it could be used by multiple
computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only;
provided that the backup copy must include all copyright or other proprietary notices contained on the original. In addition to the
restrictions stated above, the Apple proprietary libraries (“Apple DLLs”) included with the Apple Software are only licensed for
use with the Apple Software, except that if you are a WebKit developer, you may use the Apple DLLs for your personal use or
internal business use in connection with your development of WebKit in accordance with the relevant WebKit licenses
<https://webkit.org/>.
C. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this
License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative
works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent
any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that
may be included with the Apple Software).
D. VoiceOver Kit - Automatic Updates. When you are using VoiceOver Kit, the Apple Software will periodically check with
Apple for updates to the pronunciation rules used by VoiceOver to generate the spoken items that you hear when you have
VoiceOver selected. If a pronunciation update is available, the update will automatically download onto your computer, and when
you have VoiceOver selected, the new version of the spoken items will be generated and synced to your iPod. The older version
of the spoken items will no longer be available. These automatic updates will not change the actual media content (e.g., music,
video, podcasts) on your iPod or in your iTunes library.
E. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple
Software, have been or may be made available by Apple on its Open Source web site (https://www.opensource.apple.com/)
(collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided
that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single computer; and (ii)
you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced
Components. Apple is not obligated to provide any maintenance, technical or other support for the resultant modified Apple
Software.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. Apple Software obtained from the
Microsoft Store is not transferable. If you sell your computer to a third party, you must remove the Apple Software from your
computer before doing so. For Apple Software you obtained directly from Apple (e.g., downloaded from
https://www.apple.com/itunes/download/), you may, however, make a one-time permanent transfer of all of your license rights to
the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its
component parts and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored
on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and
conditions of this License.
B. Library Data. The Apple Software contains features that rely upon information about your iTunes library. If you choose to
share information about your iTunes library with Apple, you agree to Apple’s and its subsidiaries’ and agents’ transmission,
collection, maintenance, processing, and use of this information, including but not limited to artist, album and song names in your
library, to provide and improve such features. You can opt out at any time by going to Preferences for the Apple Software and
deselecting the corresponding checkbox under Store Preferences.
C. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed
at: https://www.apple.com/legal/privacy/.
B. By using this software in connection with an Apple ID, iTunes Store account or iCloud account, you agree to the applicable
terms and conditions for that account, such as the latest Apple Media Services Terms and Conditions, which you may access and
review at https://www.apple.com/legal/itunes/ww/, or the iCloud Terms and Conditions which can be found at
https://www.apple.com/legal/icloud/ww/, respectively. If you do not agree to the applicable terms and conditions for such an
account, do not use the Apple Software in connection with that account.
C. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the
Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or
objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and
descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy.
D. Certain Services may display, include or make available content, data, information, applications or materials from third parties
(“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that
Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates
and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other
person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third
parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not
use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that Apple is not in any
way responsible for any such use by you.
E. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have
authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of
service applicable to the Services. You agree that the Services, including but not limited to graphics, audio clips, and editorial
content, contain proprietary content, information and material that is owned by Apple and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such
proprietary content, information or materials other than 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, offensive, 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 Apple Software
are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Third Party
Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services
and Third Party 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 and privacy and data collection 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 effective until terminated. Your rights under this License will terminate automatically without
notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all
use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this
License shall survive any such termination.
7. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or
profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying
to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer
advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE
SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES 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 APPLE 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.
D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE
SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED
BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE
SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE
TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH
ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE
SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE
AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS
WELL AS APPLE PRODUCTS AND SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE 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 APPLE 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.
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 OR INFORMATION, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY
TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN
CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, 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 EXCLUSION OR 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 fifty dollars ($50.00). The foregoing limitations will
apply even if the above stated remedy fails of its essential purpose.
9. Export Control. 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(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple
Software may not be exported or re-exported (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 or
any other restricted party lists. By using the Apple Software, 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 the Apple Software for any purposes prohibited by United States
law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or
biological weapons.
10. Government End Users. 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.
§227.7202-1 through 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.
11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State
of California, excluding its conflict of law principles. 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 you are a consumer based in the
United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. 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.
12. Complete Agreement; Governing Language. 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, with the exception of any additional terms and conditions you are required to accept if you choose to use Apple’s
online store which will govern your use of such store and any Services you purchase through that store. No amendment to or
modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for
local requirements and in the event of a dispute between the English and any non-English versions, the English version of this
License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Notices.
A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements,
licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your
use of such material is governed by their respective terms.
B. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance
with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in
connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is
paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be
obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a
consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding
MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a
video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use.
Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from
MPEG LA, LLC. See http://www.mpegla.com.
C. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial
use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS
PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO
(i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO
THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR
AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.
INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE
HTTP://WWW.MPEGLA.COM.
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The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or
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DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF
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ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
EA1528
12/07/2017