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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 iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE
OR APPLICATIONS IN CONJUNCTION WITH THE iOS 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 iOS 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 OR FITNESS
FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
10. Export Control. You may not use or otherwise export or re-export the
iOS Software except as authorized by United States law and the laws of the
jurisdiction(s) in which the iOS Software was obtained. In particular, but
without limitation, the iOS 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. By using the iOS 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 iOS Software for
any purposes prohibited by United States law, including, without limitation,
the development, design, manufacture or production of missiles, nuclear,
chemical or biological weapons.
11. Government End Users. The iOS Software and related documentation
are “Commercial Items”, as that term is dened 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.