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APPLE») GOVERNS YOUR USE OF THE ITUNES STORE SERVICE (THE aAuITUNES SERVICEaAu).
THE ITUNES STORE SERVICE
Apple is the provider of the iTunes Service,

Which permits you to purchase or rent digital content («iTunes Products»)

For end user use only

Under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE ITUNES SERVICE
This iTunes Service is available for individuals aged 13 years or older.

If you are 13 or older but under the age of 18,

You should review this Agreement with your parent or guardian

To make sure that you and your parent or guardian understand it.
The iTunes Service is available to you only in the United States,

Its territories, and possessions.

You agree not to use or attempt to use the iTunes Service

From outside these locations.

Apple may use technologies to verify your compliance.
Use of the iTunes Service requires compatible devices,

Internet access, and certain software (fees may apply);

May require periodic updates;

And may be affected by the performance of these factors.

High-speed Internet access is strongly recommended for regular use and is required for video.

The latest version of required software is recommended to access the iTunes Service

And may be required for certain transactions or features

And to download iTunes Products previously purchased from the iTunes Service.

You agree that meeting these requirements,

Which may change from time to time,

Is your responsibility.

The iTunes Service is not part of any other product or offering,

And no purchase or obtaining of any other product

Shall be construed to represent or guarantee you access to the iTunes Service.
YOUR ACCOUNT
As a registered user of the iTunes Service,

You may establish an account («Account»).

DonaAot reveal your Account information to anyone else.

You are solely responsible for maintaining the confidentiality and security

Of your Account and for all activities that occur on or through your Account,

And you agree to immediately notify Apple of any security breach of your Account.

Apple shall not be responsible for any losses

Arising out of the unauthorized use of your Account.
In order to purchase and download iTunes Products from the iTunes Service,

You must enter your Apple ID and password to authenticate your Account.

Once you have authenticated your Account,

You will not need to authenticate again for fifteen minutes.

During this time,

You will be able to purchase and download iTunes Products

Without re-entering your password.

You can turn off the ability to make iTunes Product purchases

By adjusting the settings on your computer or iOS Device.

For more information,

Please see http://support.apple.com/kb/HT1904 or http://support.apple.com/kb/HT4213.
You agree to provide accurate and complete information when you register with,

And as you use, the iTunes Service («iTunes Registration Data»),

And you agree to update your iTunes Registration Data to keep it accurate and complete.

You agree that Apple may store and use the iTunes Registration Data

You provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire music iTunes Products

And music video iTunes Products (collectively, aAuiTunes Auto-Delivery ContentaAu),

You may elect to automatically receive (aAuauto-downloadaAu) copies

Of such iTunes Auto-Delivery Content

On additional compatible iOS Devices and iTunes-authorized computers

With compatible software by associating such iOS Devices and computers

Subject to the association rules below

(each, an aAuAssociated DeviceaAu).

For each Associated Device,

You may specify which type of iTunes Auto-Delivery Content, if any,

May be auto-downloaded to it.

On an Associated Device that is capable of receiving push notifications (aAuPush-EnabledaAu),

Including iOS Devices,

The iTunes Auto-Delivery Content will auto-download to that Associated Device

When it has an Internet connection;

On an Associated Device that is not Push-Enabled,

Including those running on the Windows operating system,

ITunes Auto-Delivery Content will automatically appear in the download queue

And you may manually initiate the download within iTunes.
As an accommodation to you,

Subsequent to acquiring iTunes Auto-Delivery Content,

Purchased (ie not rented)

Movies iTunes Products and TV show iTunes Products (each, aAuiTunes Eligible ContentaAu),

You may download certain of such previously-purchased iTunes Eligible Content

Onto any Associated Device.

Some iTunes Eligible Content that you previously purchased

May not be available for subsequent download at any given time,

And Apple shall have no liability to you in such event.

As you may not be able to subsequently download

Certain previously-purchased iTunes Eligible Content,

Once you download an item of iTunes Eligible Content,

It is your responsibility

Not to lose, destroy, or damage it,

And you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download iTunes Auto-Delivery Content

Or download previously-purchased iTunes Eligible Content

From an Account on up to 10 Associated Devices,

Provided no more than 5 are iTunes-authorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-purchased free content

Onto an unlimited number of devices

While it is free on the iTunes Service,

But on no more than 5 iTunes-authorized computers.
An Apple TV is not an aAuAssociated Device.aAu

However, TV show iTunes Products and

Purchased (ie not rented) movies iTunes Products

May be played back on compatible Apple TVs,

Provided that you may only play back any such TV show or movie

On a limited number of Apple TVs at the same time.
Some pieces of iTunes Eligible Content may be large,

And significant data charges may result

From delivery of such iTunes Eligible Content over a data connection.
ITUNES MATCH
ITunes Match permits you to remotely access your matched or uploaded songs,

And music videos you have purchased with your Account,

Along with related metadata, playlists, and other information

About your iTunes Library (aAuiTunes Match ContentaAu).
You may subscribe to iTunes Match for an annual fee.

You must have a valid credit card on file with iTunes to subscribe.

The subscription is non-refundable (except as required by applicable law),

And will automatically renew for one-year periods until you cancel.

Your account will be charged no more than 24 hours prior to the expiration

Of the current subscription period.

You may cancel automatic renewal

By adjusting the iTunes Store account settings on your computer.

You will no longer be able to access your iTunes Match Content

From iTunes Match after the end of your subscription period.
ITunes Match works with libraries that contain up to 25,000 songs

Which are either (i) not currently available on the iTunes Service,

Or (ii) not purchased from the iTunes Service with your Account.

Songs with quality less than 96 kbps or that are not authorized for your computer

Are not eligible for iTunes Match.
ITunes Match will automatically scan the song files

And collect other information

That may be used to identify media in your iTunes library,

Such as the names of songs,

Song artists

Or song durations.

ITunes Match will use this information

To match songs to those currently available on the iTunes Store,

And will make matched songs available to you

In the format then available on the iTunes Store.

If the song is not successfully matched,

Your copy of the song will be uploaded to Apple

In the same format or a format determined by Apple.

Apple reserves the right to limit types of content uploaded

(for example, excessively large files).

Matched or uploaded songs and related metadata

Will be available for access from an Associated Device

That has been enabled for iTunes Match.

Association of Associated Devices for iTunes Match

Is subject to the same terms as Automatic Delivery

And Downloading Previous Purchases,

And uploaded or matched songs and related information

Are deemed to be aAuiTunes Eligible Content.aAu

You may also access iTunes Match Content from compatible Apple TVs,

Provided that you may only do so

On a limited number of Apple TVs at the same time.
When you use iTunes Match,

Genius will begin associating information about the media in your iTunes library

With your Account;

The association with your Account will continue

For a period of time after your subscription ends.

Apple will otherwise use this information

As described in the Privacy Section of this Agreement.

You will not be able to disable Genius while using iTunes Match,

So if you prefer that we do not collect and use

Information from your iTunes library in this manner,

You should not use iTunes Match.
You hereby agree to use iTunes Match only for lawfully acquired content.

Any use for illegitimate content infringes the rights of others

And may subject you to civil and criminal penalties,

Including possible monetary damages,

For copyright infringement.
ITunes Match is provided on an aAuAS ISaAu basis

And may contain errors or inaccuracies that could cause failures,

Corruption or loss of data and/or information,

Including music, playlist, and play history,

From your computer or device and from peripherals (including,

Without limitation,

Servers and other computers) connected thereto.

You should back up all data and information on your computer or device

And any peripherals prior to using iTunes Match.

You expressly acknowledge and agree that all use of iTunes Match is at your sole risk.

To the extent permitted by law,

Apple shall have no liability with respect to your use of iTunes Match,

Including the inability to access matched or uploaded content.
PRIVACY
The iTunes Service is subject to Apple’s Privacy Policy at http://www.apple.com/privacy/.
When you opt in to the Genius feature,

Apple will, from time to time,

Automatically collect information that can be used to identify media in your iTunes library

On this computer,

Such as your play history and playlists.

This includes media purchased through iTunes and media obtained from other sources.

This information will be stored anonymously

And will not be associated with your name or Account.

When you use the Genius feature,

Apple will use this information and the contents of your iTunes library,

As well as other information,

To give personalized recommendations to you.
Apple may only use this information

And combine it with aggregated information from the iTunes libraries

Of other users who also opt in to this feature,

Your iTunes Store purchase history data,

Aggregated purchase history data from other iTunes Store users,

And other information obtained from third parties,

To:
aA? Create personalized playlists for you from your iTunes library.
aA? Provide you with recommendations regarding media

And other products and services that you may wish to purchase.
aA? Provide recommendations regarding products and services to other users.
At all times your information will be treated in accordance with AppleaAos Privacy Policy.
Once you opt in to the Genius feature in iTunes,

You will be able to create Genius playlists on Genius-capable devices.

To enable the Genius feature on a device,

You must sync it with your iTunes library after you have opted in.
If you prefer that we do not collect and use information from your iTunes library

In this manner, you should not enable the Genius feature.

You can revoke your opt-in choice at any time

By turning off the Genius feature from the Store menu in iTunes on your computer.

After you opt out,

ITunes will no longer send information about your iTunes library to Apple.

If you have elected to share your library from multiple computers,

You need to turn off the Genius feature from each computer.

The Genius feature cannot be enabled or disabled from your device.
By opting in to the Genius feature,

You consent to the use of your information

As described above

And as described in AppleaAos Privacy Policy.
CONTENT AVAILABILITY
Apple reserves the right to change content options

(including eligibility for particular features) without notice.

For further information or concerns about closed captioning

In specific content within the iTunes Store,

Please email accessibility@apple.com.

You may also contact Thomas Montgomery,

Accessibility Response Engineer,

1 Infinite Loop,

Cupertino,

California 95014,

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USE OF PURCHASED OR RENTED CONTENT
You agree that the iTunes Service and certain iTunes Products

Include security technology that limits your use of iTunes Products and that,

Whether or not iTunes Products are limited by security technology,

You shall use iTunes Products in compliance with the applicable usage rules

Established by Apple and its licensors (aAuUsage RulesaAu),

And that any other use of the iTunes Products may constitute a copyright infringement.

Any security technology is an inseparable part of the iTunes Products.

Apple reserves the right to modify the Usage Rules at any time.

You agree not to violate,

Circumvent,

Reverse-engineer,

Decompile,

Disassemble,

Or otherwise tamper with any of the security technology

Related to such Usage Rules for any reasonaAior to attempt or assist another person to do so.

Usage Rules may be controlled and monitored by Apple for compliance purposes,

And Apple reserves the right to enforce the Usage Rules without notice to you.

You agree not to access the iTunes Service

By any means other than through software

That is provided by Apple for accessing the iTunes Service.

You shall not access or attempt to access an Account

That you are not authorized to access.

You agree not to modify the software in any manner or form,

Or to use modified versions of the software,

For any purposes including obtaining unauthorized access to the iTunes Service.

Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use iTunes Products only for personal,

Noncommercial use.
(ii) You shall be authorized to use iTunes Products

On five iTunes-authorized devices at any time,

Except for Content Rentals (see below).
(iii) You shall be able to store iTunes Products

From up to five different Accounts at a time on compatible devices,

Provided that each iPhone may sync tone iTunes Products

With only a single iTunes-authorized device at a time,

And syncing an iPhone with a different iTunes-authorized device

Will cause tone iTunes Products stored on that iPhone to be erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video iTunes Products or tone iTunes Products.
(vi) iTunes Plus Products do not contain security technology

That limits your usage of such products,

And Usage Rules (ii) aAi (v) do not apply to iTunes Plus Products.

You may copy, store, and burn

ITunes Plus Products as reasonably necessary

For personal, noncommercial use.
(vii) You shall be able to manually sync a movie

From at least one iTunes-authorized device

To devices that have manual sync mode,

Provided that the movie is associated with an Account

On the primary iTunes-authorized device,

Where the primary iTunes-authorized device is the one that was first synced

With the device or the one that you subsequently designate as primary using iTunes.
(viii) An HDCP connection is required to view content transmitted over HDMI.
(ix) Content Rentals
(a) Content rentals are viewable on only one device at a time.

You must be connected to the iTunes Service when moving rentals,

And you may do so only between your computer and other compatible devices.

Content rented using your Apple TV, iPad, iPhone 4,
Or iPod touch (4th generation) may not be moved.

If you move a rental to a compatible device and then use the iTunes Service

To restore that device,

Or choose Settings > Reset > Erase all content and settings on that device,

The rental will be permanently deleted.
(b) You have thirty (30) days after downloading a rental to begin viewing.

Once you begin viewing, you have twenty-four (24) hours to finish viewing a movie.

Stopping, pausing, or restarting a rental

Does not extend the available time for viewing.
Some iTunes Products,

Including but not limited to Content rentals,

May be downloaded only once and cannot be replaced if lost for any reason.

It is your responsibility

Not to lose, destroy, or damage iTunes Products

Once downloaded,

And you may wish to back them up.
The delivery of iTunes Products

Does not transfer to you any commercial or promotional use rights

In the iTunes Products.

Any burning or exporting capabilities are solely an accommodation to you

And shall not constitute a grant, waiver,

Or other limitation of any rights of the copyright owners

In any content embodied in any iTunes Product.
You acknowledge that,

Because some aspects of the iTunes Service,

ITunes Products,

And administration of the Usage Rules entails the ongoing involvement of Apple,

If Apple changes any part of or discontinues the iTunes Service,

Which Apple may do at its election,

You may not be able to use iTunes Products

To the same extent as prior to such change or discontinuation,

And that Apple shall have no liability to you in such case.
COMPLETE MY ALBUM («CMA»)
In some circumstances,

You will have no more than 180 days

From the time you acquire your first CMA-eligible song or video

From a particular CMA-eligible album to accept that CMA offer,

And upgrading previous purchases to iTunes Plus does not affect any such time limits.
SEASON PASS, MULTI-PASS, ITUNES PASS
The full price of the Season Pass, Multi-Pass, or iTunes Pass

Is charged upon purchase.

You must connect to the iTunes Service

And download any remaining Pass content

Within 90 days after the final Pass content becomes available

(or such other time period as may be specified on the purchase page),

After which that content may no longer be available for download as part of the purchase.

If automatic renewal is selected when you purchase a Multi-Pass,

You will be charged the full price of each subsequent Multi-Pass cycle,

Unless and until you cancel automatic renewal

Prior to the beginning of the subsequent Multi-Pass cycle

(in the Manage Passes section of your Account information).

If a network or studio delivers fewer TV episodes than planned

When you purchased a Season Pass,

We will credit to your Account

The retail value of the corresponding number of episodes.
HIGH-DEFINITION (HD) ITUNES PRODUCTS
HD iTunes Products are viewable only on HD capable devices;

However, HD iTunes Products purchased

(not rented)

Include a standard-definition version for use on non-HD devices.
SUBMISSIONS TO THE ITUNES SERVICE
The iTunes Service may offer interactive features

That allow you to submit materials

(including links to third-party content)

On areas of the iTunes Service accessible and viewable by the public.

You agree that any use by you of such features,

Including any materials submitted by you,

Shall be your sole responsibility,

Shall not infringe or violate the rights of any other party

Or violate any laws,

Contribute to or encourage infringing

Or otherwise unlawful conduct,

Or otherwise be obscene,

Objectionable,

Or in poor taste.

You also agree that you have obtained all necessary rights and licenses.

You agree to provide accurate and complete information

In connection with your submission of any materials on the iTunes Service.

You hereby grant Apple a worldwide,

Royalty-free,

Nonexclusive license

To use such materials as part of the iTunes Service,

And in relation to iTunes Products,

Without any compensation or obligation to you.

Apple reserves the right to not post or publish any materials,

And to remove or edit any material,

At any time in its sole discretion without notice or liability.
Apple has the right,

But not the obligation,

To monitor any materials submitted by you

Or otherwise available on the iTunes Service,

To investigate any reported or apparent violation of this Agreement,

And to take any action that Apple in its sole discretion deems appropriate,

Including, without limitation,

Termination hereunder or under AppleaAos Copyright Policy

(http://www.apple.com/legal/copyright.html).
THIRD-PARTY MATERIALS
Certain content,

ITunes Products,

And services available via the iTunes Service may include materials from third parties.

Apple may provide links to third-party websites as a convenience to you.

You agree that Apple is not responsible

For examining or evaluating the content

Or accuracy

And Apple does not warrant and will not have any liability or responsibility

For any third-party materials or websites,

Or for any other materials, products, or services

Of third parties.

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.
OBJECTIONABLE MATERIAL
You understand that by using the iTunes Service,

You may encounter material that you may deem to be offensive,

Indecent,

Or objectionable,

And that such content may or may not be identified as having explicit material.

Nevertheless, you agree to use the iTunes Service

At your sole risk

And Apple shall have no liability to you

For material that may be found to be

Offensive, indecent, or objectionable.

ITunes Product types and descriptions are provided for convenience,

And you agree that Apple does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain

During your use of the products offered through the iTunes Service,

You should always take frequent breaks,

And take a longer rest

If you experience any soreness,

Fatigue,

Or discomfort.

A very small percentage of people may experience seizures

Or blackouts

When exposed to flashing lights or patterns,

Including but not limited to while playing video games or watching videos.

Symptoms may include dizziness,

Nausea,

Involuntary movements,

Loss of awareness,

Altered vision,

Tingling,

Numbness,

Or other discomforts.

Consult a doctor before using the products offered through the iTunes Service

If you have ever suffered these or similar symptoms,

And stop using such products immediately

And see a doctor

If they occur during your use of such products.

Parents should monitor their childrenaAos use of the products

Offered through the iTunes Service for signs of symptoms.
INTELLECTUAL PROPERTY
You agree that the iTunes Service,

Including but not limited to iTunes Products,

Graphics,

User interface,

Audio clips,

Video clips,

Editorial content,

And the scripts and software used to implement the iTunes Service,

Contains proprietary 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 information

Or materials in any way whatsoever

Except for use of the iTunes Service in compliance with this Agreement.

No portion of the iTunes Service may be reproduced in any form or by any means,

Except as expressly permitted in these terms.

You agree not to modify,

Rent,

Lease,

Loan,

Sell,

Distribute,

Or create derivative works

Based on the iTunes Service in any manner,

And you shall not exploit the iTunes Service

In any unauthorized way whatsoever,

Including,

But not limited to,

By trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement,

Apple and its licensors reserve the right to change,

Suspend,

Remove,

Or disable access to any iTunes Products,

Content,

Or other materials comprising a part of the iTunes Service

At any time

Without notice.

In no event will Apple be liable for making these changes.

Apple may also impose limits on the use of or access

To certain features or portions of the iTunes Service,

In any case and without notice or liability.
All copyrights in and to the iTunes Service

(including the compilation of content, postings,

Links to other Internet resources,

And descriptions of those resources)

And related software are owned by Apple and/or its licensors,

Who reserve all their rights in law and equity.

THE USE OF THE SOFTWARE OR ANY PART OF THE ITUNES SERVICE,

EXCEPT FOR USE OF THE ITUNES SERVICE AS PERMITTED IN THIS AGREEMENT,

IS STRICTLY PROHIBITED

AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS

AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES,

INCLUDING POSSIBLE MONETARY DAMAGES,

FOR COPYRIGHT INFRINGEMENT.
Apple,

The Apple logo,

ITunes,

And other Apple trademarks,

Service marks,

Graphics,

And logos used in connection with the iTunes Service

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 the iTunes Service

May be the trademarks of their respective owners.

You are granted no right or license

With respect to any of the aforesaid trademarks

And any use of such trademarks.
As an Account holder of the iTunes Service in good standing,

You may be provided with limited access to download certain album cover art

For music stored in the iTunes Library of your iTunes application.

Such access is provided as an accommodation only,

And Apple does not warrant,

And will not have any liability or responsibility for,

Such album cover art or your use thereof.

You may access album cover art only for music

For which you are the lawful owner of a legal copy.

Album cover art is provided

For personal, noncommercial use only.

You agree that you will not use album cover art

In any manner that would infringe or violate this Agreement

Or the rights of any other party,

And that Apple is not in any way responsible for any such use by you.
TERMINATION
If you fail,

Or Apple suspects that you have failed,

To comply with any of the provisions of this Agreement,

Apple, at its sole discretion,

Without notice to you may:

(i) terminate this Agreement and/or your Account,

And you will remain liable for all amounts due under your Account

Up to and including the date of termination;

And/or

(ii) terminate the license to the software;

And/or

(iii) preclude access to the iTunes Service (or any part thereof).
Apple reserves the right

To modify, suspend, or discontinue

The iTunes Service (or any part or content thereof)

At any time

With or without notice to you,

And Apple will not be liable to you

Or to any third party

Should it exercise such rights.
DISCLAIMER OF WARRANTIES;

LIABILITY LIMITATION
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT

THAT YOUR USE OF THE ITUNES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,

AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE ITUNES SERVICE

FOR INDEFINITE PERIODS OF TIME,

OR CANCEL THE ITUNES SERVICE AT ANY TIME,

WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF,

OR INABILITY TO USE,

THE ITUNES SERVICE IS AT YOUR SOLE RISK.

THE ITUNES SERVICE AND ALL PRODUCTS AND SERVICES

DELIVERED TO YOU THROUGH THE ITUNES SERVICE ARE

(EXCEPT AS EXPRESSLY STATED BY APPLE) 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 NONINFRINGEMENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,

THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL APPLE,

ITS DIRECTORS, OFFICERS, EMPLOYEES,

AFFILIATES, AGENTS,

CONTRACTORS, OR LICENSORS

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES

ARISING FROM YOUR USE OF ANY OF THE ITUNES SERVICE

OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ITUNES SERVICE,

INCLUDING, BUT NOT LIMITED TO,

ANY ERRORS OR OMISSIONS IN ANY CONTENT,

OR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT)

POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ITUNES SERVICE,

EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME STATES OR JURISDICTIONS

DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY

FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

IN SUCH STATES OR JURISDICTIONS,

APPLE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS

TO PROTECT INFORMATION SUBMITTED BY YOU

IN CONNECTION WITH THE ITUNES SERVICE,

BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION

IS AT YOUR SOLE RISK,

AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU

FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE ITUNES SERVICE WILL BE FREE FROM LOSS,

CORRUPTION, ATTACK, VIRUSES,

INTERFERENCE, HACKING,

OR OTHER SECURITY INTRUSION,

AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.

SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE;

AFTER BEING DOWNLOADED,

THEY CANNOT BE REPLACED IF LOST FOR ANY REASON.

YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM,

INCLUDING ANY ITUNES PRODUCTS PURCHASED OR RENTED FROM THE ITUNES STORE.
WAIVER AND INDEMNITY
BY USING THE ITUNES SERVICE,

YOU AGREE,

TO THE EXTENT PERMITTED BY LAW,

TO INDEMNIFY AND HOLD APPLE,

ITS DIRECTORS, OFFICERS, EMPLOYEES,

AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS

HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT,

YOUR USE OF THE ITUNES SERVICE,

OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION

OF A SUSPECTED VIOLATION OF THIS AGREEMENT

OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE,

ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,

AND LICENSORS AS A RESULT OF ITS DECISION

TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT,

TO WARN YOU,

TO SUSPEND OR TERMINATE YOUR ACCESS TO THE ITUNES SERVICE,

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 THIS AGREEMENT HAS OCCURRED.

THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS

DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
Apple reserves the right at any time to modify this Agreement

And to impose new or additional terms or conditions

On your use of the iTunes Service.

Such modifications and additional terms and conditions

Will be effective immediately and incorporated into this Agreement.

Your continued use of the iTunes Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement

Between you and Apple and governs your use of the iTunes Service,

Superseding any prior agreements between you and Apple.

You also may be subject to additional terms and conditions

That may apply when you use affiliate services,

Third-party content,

Or third-party software.

If any part of this Agreement 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.

Apple’s failure to enforce any right or provisions in this Agreement

Will not constitute a waiver of such or any other provision.

Apple will not be responsible for failures to fulfill any obligations

Due to causes beyond its control.
The iTunes Service is operated by Apple from its offices in the United States.

You agree to comply with all local,

State, federal, and national laws,

Statutes, ordinances, and regulations that apply to your use of the iTunes Service.

All transactions on the iTunes Service are governed by California law,

Without giving effect to its conflict of law provisions.

Your use of the iTunes Service may also be subject to other laws.

You expressly agree that exclusive jurisdiction

For any claim or dispute with Apple

Or relating in any way to your use of the iTunes Service

Resides in the courts in the State of California.

Risk of loss and title for all electronically delivered transactions

Pass to the purchaser in California upon electronic transmission to the recipient.

No Apple employee or agent has the authority to vary this Agreement.
Apple may notify you with respect to the iTunes Service

By sending an email message to your Account email address

Or a letter via postal mail to your Account mailing address,

Or by a posting on the iTunes Service.

Notices shall become effective immediately.
Apple reserves the right

To take steps Apple believes are reasonably necessary or appropriate

To enforce and/or verify compliance with any part of this Agreement.

You agree that Apple has the right,

Without liability to you,

To disclose any Registration Data and/or Account information

To law enforcement authorities, government officials, and/or a third party,

As Apple believes is reasonably necessary or appropriate

To enforce and/or verify compliance with any part of this Agreement

(including but not limited to Apple’s right to cooperate with any legal process

Relating to your use of the iTunes Service and/or iTunes Products,

And/or a third-party claim that your use of the iTunes Service

And/or iTunes Products is unlawful and/or infringes such third party’s rights).
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