EXHIBIT 9 

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ENGLISH

IMPORTANT: BY USING YOUR iPHONE, iPAD or iPOD TOUCH (“iOS DEVICE”), YOU ARE 

AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

A. APPLE iOS SOFTWARE LICENSE AGREEMENT

B. NOTICES FROM APPLE

APPLE INC. 

iOS SOFTWARE LICENSE AGREEMENT

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY 

BEFORE USING YOUR iOS DEVICE OR DOWNLOADING THE SOFTWARE UPDATE 

ACCOMPANYING THIS LICENSE. BY USING YOUR iOS DEVICE OR DOWNLOADING A 

SOFTWARE UPDATE, AS APPLICABLE, 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 iOS DEVICE OR DOWNLOAD THE SOFTWARE UPDATE. 

IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT AGREE TO THE 

TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE RETURN 

PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED 

IT FOR A REFUND, SUBJECT TO APPLE'S RETURN POLICY FOUND AT http://

www.apple.com/legal/sales_policies/.

1. General.

(a) The software (including Boot ROM code and other embedded software), documentation,

interfaces, content, fonts and any data that came with your iOS Device ("Original iOS Software"),

as may be updated or replaced by feature enhancements, software updates or system restore

software provided by Apple ("iOS Software Updates"), whether in read only memory, on any

other media or in any other form (the Original iOS Software and iOS Software Updates are

collectively referred to as the “iOS Software") are licensed, not sold, to you by Apple Inc.

("Apple") for use only under the terms of this License. Apple and its licensors retain ownership of

the iOS Software itself and reserve all rights not expressly granted to you.

(b) Apple, at its discretion, may make available future iOS Software Updates for your iOS

Device. The iOS Software Updates, if any, may not necessarily include all existing software

features or new features that Apple releases for newer or other models of iOS Devices. The

terms of this License will govern any iOS Software Updates provided by Apple that replace and/

or supplement the Original iOS Software product, unless such iOS Software Update

is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.

(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive

license to use the iOS Software on a single Apple-branded iOS Device. Except as permitted in

Section 2(b) below, and unless as provided in a separate agreement between you and Apple,

this License does not allow the iOS Software to exist on more than one Apple-branded iOS

Device at a time, and you may not distribute or make the iOS Software available over a network

where it could be used by multiple devices at the same time. This License does not grant you

any rights to use Apple proprietary interfaces and other intellectual property in the design,

development, manufacture, licensing or distribution of third party devices and accessories, or

third party software applications, for use with iOS Devices. Some of those rights are available

under separate licenses from Apple. For more information on developing third party devices and

accessories for iOS Devices, please email madeforipod@apple.com. For more information on

developing software applications for iOS Devices, please email devprograms@apple.com.

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(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive 

license to download iOS Software Updates that may be made available by Apple for your model 

of the iOS Device to update or restore the software on any such iOS Device that you own or 

control. This License does not allow you to update or restore any iOS Device that you do not 

control or own, and you may not distribute or make the iOS Software Updates available over a 

network where they could be used by multiple devices or multiple computers at the same time. If 

you download an iOS Software Update to your computer, you may make one copy of the iOS 

Software Updates stored on your computer 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. 

(c) You may not and you agree not to, or to 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 iOS Software or any services 

provided by the iOS 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 opensource components that may be included with the iOS Software).

(d) By storing content on your iOS Device you are making a digital copy. In some jurisdictions, it 

is unlawful to make digital copies without prior permission from the rights holder. The iOS 

Software may be used to reproduce materials so long as 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. 

(e) You agree to use the iOS Software and the Services (as defined in Section 5 below) in 

compliance with all applicable laws, including local laws of the country or region in which you 

reside or in which you download or use the iOS Software and Services.

(f) Use of and access to certain features of the iOS Software and certain Services (as defined in 

Section 5) may require you to apply for a unique user name and password combination, known 

as an Apple ID. In addition, you acknowledge that many features and Services of the iOS 

Software transmit data and could impact charges to your data plan, and that you are responsible 

for any such charges. For more information, please consult the User Guide for your iOS Device.

3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iOS Software. You 

may, however, make a one-time permanent transfer of all of your license rights to the iOS 

Software to another party in connection with the transfer of ownership of your iOS Device, 

provided that: (a) the transfer must include your iOS Device and all of the iOS Software, including 

all its component parts, original media, printed materials and this License; (b) you do not retain 

any copies of the iOS Software, full or partial, including copies stored on a computer or other 

storage device; and (c) the party receiving the iOS Software reads and agrees to accept the 

terms and conditions of this License.

4. Consent to Use of Data. 

(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that 

Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, 

technical, usage and related information, including but not limited to information about your iOS 

Device, computer, system and application software, and peripherals, that is gathered periodically 

to facilitate the provision of software updates, product support and other services to you (if any) 

related to the iOS Software, and to verify compliance with the terms of this License. Apple may 

use this information, as long as it is collected in a form that does not personally identify you, to 

provide and improve Apple’s products and services. If you have opted in and have Location 

Services turned on, the location of your device may also be sent to help Apple analyze wireless 

or cellular performance issues (e.g. the strength or weakness of a cellular signal in a particular 

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location). To enable Apple’s partners and third party developers to improve their software, 

hardware and services designed for use with Apple products, Apple may also provide any such 

partner or third party developer with a subset of diagnostic information that is relevant to that 

partner’s or developer’s software, hardware and/or services, as long as the diagnostic 

information is in a form that does not personally identify you. 

(b) Location Data. Apple and its partners, licensees and third party developers may provide 

certain services through your iOS Device that rely upon location information. To provide and 

improve these services, where available, Apple and its partners, licensees and third party 

developers may transmit, collect, maintain, process and use your location data, including the 

real-time geographic location of your iOS Device, road travel speed information, and location 

search queries. The location data and queries collected by Apple are collected in a form that 

does not personally identify you and may be used by Apple and its partners, licensees and third 

party developers to provide and improve location-based products and services. By using any 

location-based services on your iOS Device, you agree and consent to Apple's and its 

partners', licensees' and third party developers’ transmission, collection, maintenance, 

processing and use of your location data and queries to provide and improve such 

products and services. You may withdraw this consent at any time by going to the Location 

Services setting on your iOS Device and either turning off the global Location Services setting or 

turning off the individual location settings of each location-aware item on your iOS Device. 

Disabling these location features will only impact the location-based functionality of your iOS 

Device. It will not affect iOS Device features unrelated to location services. When using third 

party applications or services on the iOS Device that use or provide location data, you are 

subject to and should review such third party's terms and privacy policy on use of location data 

by such third party applications or services.

(c) Siri and Dictation. The Siri and Dictation features of the iOS Software may not be available in 

all languages or regions and features may vary by region. If your iOS Device supports Siri and 

Dictation, these features may allow you to make requests, give commands and dictate text to 

your device using your voice. When you use Siri or Dictation, the things you say will be recorded 

and sent to Apple in order to convert what you say into text and to process your requests. Your 

device will also send Apple other information, such as your first name and nickname; the names, 

nicknames, and relationship with you (e.g., “my dad”) of your address book contacts; and song 

names in your collection (collectively, your “User Data”). All of this data is used to help Siri and 

Dictation understand you better and recognize what you say. It is not linked to other data that 

Apple may have from your use of other Apple services. By using Siri or Dictation, you agree 

and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, 

maintenance, processing, and use of this information, including your voice input and User 

Data, to provide and improve Siri, Dictation, and dictation functionality in other Apple 

products and services.

If you have Location Services turned on, the location of your iOS Device at the time you make a 

request to Siri may also be sent to Apple to help Siri improve the accuracy of its response to 

your location-based requests. You may disable the location-based functionality of Siri by going 

to the Location Services setting on your iOS Device and turning off the individual location setting 

for Siri.

Siri can allow you to interact with your iOS Device without needing to unlock it. If you have 

enabled a passcode on your iOS Device and would like to prevent Siri from being used from the 

lock screen, you can tap Settings, tap General, tap Passcode Lock and turn the Siri option to 

“off”.

You can also turn off Siri and Dictation altogether at any time. To do so, open Settings, tap 

General, tap Siri, and slide the Siri switch to “off”. 

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(d) FaceTime. The FaceTime video calling feature of the iOS Software (“FaceTime”) requires a 

Wi-Fi or cellular data connection and may not be available in all regions and may be restricted or 

unavailable from your service provider. Your use of FaceTime is subject to your compliance with 

Section 2(e) above. In order to set up FaceTime, and to initiate and receive FaceTime calls 

between you and other FaceTime users, certain unique identifiers for your iOS Device and 

account are needed. These unique identifiers may include your email address(es), the Apple ID 

information you provide, a hardware identifier for your iOS Device, and your iPhone’s telephone 

number. By using the iOS Software, you agree that Apple may transmit, collect, maintain, 

process and use these identifiers for the purpose of providing and improving the FaceTime 

feature. You understand that your iPhone’s telephone number will be displayed to the other 

party on the video call (even if you have a blocked number) or your email address will be shown, 

depending on what setting you choose. You may turn off the FaceTime feature by going to the 

FaceTime setting on your iOS Device or by going to the Restrictions setting and enabling the 

FaceTime restriction. You may also restrict FaceTime to Wi-Fi only, by going to the FaceTime 

setting on your iOS Device and sliding the “Use Cellular Data” switch to “Off”. 

(e) iMessage. The messaging feature of the iOS Software (“iMessage”) may not be available in all 

countries or regions. Your use of iMessage is subject to your compliance with Section 2(e) 

above. In order to set up iMessage, and to initiate and receive iMessages between you and other 

iOS Device users, certain unique identifiers for your iOS Device and account are needed. These 

unique identifiers may include your email address(es), the Apple ID information you provide, a 

hardware identifier for your iOS Device, and your iPhone’s telephone number. By using the iOS 

Software, you agree that Apple may transmit, collect, maintain, process and use these 

identifiers for the purpose of providing and improving the iMessage service. The iMessage 

service requires a Wi-Fi or cellular data connection. To facilitate delivery of your iMessages and 

to enable you to maintain conversations across your devices, Apple may hold your iMessages in 

encrypted form for a limited period of time. If your message cannot be sent as an iMessage, 

your message may be sent as an SMS or MMS message, for which carrier messaging rates may 

apply. You understand that your iPhone’s telephone number will be displayed to the other party 

(even if you have a blocked number) or your email address will be shown, depending on what 

setting you choose. You may turn off the iMessage service by going to the Messages setting on 

your iOS Device.

(f) Photo Stream. By using the Photo Stream feature of iCloud, you agree that Apple may 

store photos taken on your iOS Device or uploaded from your computer for a limited 

period of time and automatically send the photos to your other Apple iOS Devices or 

computers that have Photo Stream enabled. Please note that a limited number of photos may 

be stored in the cloud or on your devices at any one time, and older photos will be automatically 

deleted from Photo Stream over time. Any photos you want to keep on a particular device 

permanently must be saved to the camera roll or the photo library on your computer. Photo 

resolution may vary depending on the device to which the photos are downloaded. If you do not 

wish to use Photo Stream, you can turn Photo Stream off on all of your iOS Devices or 

computers that have Photo Stream enabled. All use of the Photo Stream feature is subject to the 

terms and conditions of this agreement and the iCloud Terms and Conditions located at: http://

www.apple.com/legal/icloud/ww/.

(g) Shared Photo Streams. By using the Shared Photo Streams feature of iCloud, you agree 

that Apple may store the photos you share continuously until you delete them, send those 

photos to your other Apple iOS devices and computers that have Shared Photo Streams 

enabled, and send them to the iOS devices and computers of the people you choose to 

share them with. When you use Shared Photo Streams, you are allowing your recipients to 

view, save, copy, and share your photos, as well as leave comments. You can delete individual 

photos, comments, or entire shared photo streams at any time to stop sharing them 

immediately, however, photos that the viewer has previously saved to their device or computer 

will not be deleted. All use of the Shared Photo Streams feature is subject to the terms and 

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conditions of this agreement and the iCloud Terms and Conditions located at: http://

www.apple.com/legal/icloud/ww/.

(h) Maps. The maps service and features of the iOS Software (“Maps”) may not be available in all 

languages or regions, and features and map data coverage may vary by region. Use of the 

Maps service requires a Wi-Fi or cellular data connection. When you use any location-based 

features within Maps, such as turn-by-turn navigation, traffic and local search, various locationrelated and usage information may be sent to Apple, including the real-time geographic location 

of your iOS Device, in order to process your request and help improve Maps. Such location and 

usage data is collected by Apple in a form that does not personally identify you. By using Maps, 

you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, 

collection, maintenance, processing, and use of this information, to provide and improve 

the Maps features and service, and other Apple products and services.

If you have Location Services turned on, the location of your iOS Device at the time you make a 

request to Maps may also be sent to Apple if required to process the request, such as turn-byturn navigation. You may disable the location-based functionality of Maps by going to the 

Location Services setting on your iOS Device and turning off the individual location setting for 

Maps. Certain Maps features will however be unavailable if you disable the Location Services 

setting, such as turn-by-turn navigation. 

(i) Interest-Based Advertising. Apple may provide mobile, interest-based advertising to you. If 

you do not want to receive relevant ads on your iOS Device, you can opt out by going to this link 

on your iOS Device: http://oo.apple.com. If you opt out, you will continue to receive the same 

number of mobile ads, but they may be less relevant because they will not be based on your 

interests. You may still see ads related to the content on a web page or in an application or 

based on other non-personal information. This opt-out applies only to Apple advertising services 

and does not affect interest-based advertising from other advertising networks.

(j) Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy 

Policy, which is incorporated by reference into this License and can be viewed at: http://

www.apple.com/privacy/.

5. Services and Third Party Materials. 

(a) The iOS Software may enable access to Apple's iTunes Store, App Store, Game Center, 

iCloud, Maps and other Apple and third party services and web sites (collectively and 

individually, "Services"). Such Services may not be available in all languages or in all countries. 

Use of these Services requires Internet access and use of certain Services may require an Apple 

ID, may require you to accept additional terms and may be subject to additional fees. By using 

this software in connection with an Apple ID, or other Apple Service, you agree to the applicable 

terms of service for that Service, such as the latest iTunes Store Terms and Conditions or Game 

Center Terms and Conditions, which you may access and review at http://www.apple.com/

legal/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://

www.apple.com/legal/icloud/ww/, respectively. 

(b) If you sign up for iCloud, certain iCloud features like “Back Up” and “Find My iPhone” may be 

accessed directly from the iOS Software. You acknowledge and agree that your use of iCloud 

and these features is subject to the latest terms and conditions of the iCloud service, which you 

may access and review at: http://www.apple.com/legal/icloud/ww/.

(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, and that the results of any search or entering of a particular URL may 

automatically and unintentionally generate links or references to objectionable material. 

Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no 

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liability to you for content that may be found to be offensive, indecent, or objectionable. 

(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 thirdparty 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. 

(e) Neither Apple nor any of its content providers guarantees the availability, accuracy, 

completeness, reliability, or timeliness of stock information, location data or any other data 

displayed by any Services. Financial information displayed by any Services is for general 

informational purposes only and should not be relied upon as investment advice. Before 

executing any securities transaction based upon information obtained through the Services, you 

should consult with a financial or securities professional who is legally qualified to give financial 

or securities advice in your country or region. Location data provided by any Services, including 

the Apple Maps service, is provided for basic navigational and/or planning purposes only and is 

not intended to be relied upon in situations where precise location information is needed or 

where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, 

personal injury, property or environmental damage. You agree that, the results you receive from 

the Maps service may vary from actual road or terrain conditions due to factors that can affect 

the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, 

and geopolitical events. For your safety when using the turn-by-turn navigation feature, always 

pay attention to posted road signs and current road conditions, and follow safe driving practices 

and traffic regulations.

(f) 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 contain proprietary content, information and material that is owned 

by Apple, the site owner and/or their 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.

(g) In addition, Services and Third Party Materials that may be accessed, linked to or displayed 

on the iOS Device are not available in all languages or in all countries or regions. Apple makes 

no representation that such Services and Materials are appropriate or available for use in any 

particular location. To the extent you choose to use or access such Services and 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. Apple and its licensors reserve the right to 

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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 or otherwise cease to be effective without notice from Apple if you fail to 

comply with any term(s) of this License. Upon the termination of this License, you shall cease all 

use of the iOS Software. Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any 

such termination.

7. Disclaimer of Warranties.

7.1 If you are a customer who is a consumer (someone who uses the iOS 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.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY 

APPLICABLE LAW, USE OF THE iOS SOFTWARE AND ANY SERVICES PERFORMED BY OR 

ACCESSED THROUGH THE iOS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE 

RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH 

YOU. 

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS 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 iOS 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. 

7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF 

THE iOS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES 

PERFORMED OR PROVIDED BY, THE iOS SOFTWARE WILL MEET YOUR REQUIREMENTS, 

THAT THE OPERATION OF THE iOS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED 

OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT 

DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iOS 

SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, 

APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY 

AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY 

SERVICES. 

7.5 YOU FURTHER ACKNOWLEDGE THAT THE iOS 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 iOS 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. 

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE 

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AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iOS 

SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL 

NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW 

THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY 

RIGHTS OF A 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 OR 

INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE 

OR APPLICATIONS IN CONJUNCTION WITH THE iOS 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 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 fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated 

remedy fails of its essential purpose.

9. Digital Certificates. The iOS Software contains functionality that allows it to accept digital 

certificates 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 NONINFRINGEMENT 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 reexported (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 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.

12. Controlling Law and Severability. This License will be governed by and construed in 

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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. 

13. Complete Agreement; Governing Language. This License constitutes the entire agreement 

between you and Apple relating to the iOS Software and supersedes all prior or 

contemporaneous understandings regarding such subject matter. 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.

14. Third Party Acknowledgements. Portions of the iOS Software may 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 iOS Software, 

and your use of such material is governed by their respective terms. Use of the Google Safe 

Browsing Service is subject to the Google Terms of Service (http://www.google.com/

terms_of_service.html) and to Google's Privacy Policy (http://www.google.com/

privacypolicy.html).

15. Use of MPEG-4; H.264/AVC Notice. 

(a) The iOS Software contains MPEG-4 video encoding and/or decoding functionality. The iOS 

Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and noncommercial 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. 

(b) The iOS 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 THE iOS SOFTWARE 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. 

16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is 

licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, 

Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, 

Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, 

Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, 

Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, 

Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, 

Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, 

St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, 

UK, Uruguay, US and Venezuela.

Case 5:17-cv-00551-LHK Document 278-10 Filed 10/04/18 Page 10 of 11
17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iOS Software is 

licensed only for over-the-air synchronization of information, such as email, contacts, calendar 

and tasks, between your iOS and Microsoft Exchange Server or other server software licensed 

by Microsoft to implement the Microsoft Exchange ActiveSync protocol.

EA0930

Rev. 8/10/2012

--------------------------------------------------------------

NOTICES FROM APPLE

If Apple needs to contact you about your product or account, you consent to receive the notices 

by email. You agree that any such notices that we send you electronically will satisfy any legal 

communication requirements.

FRANÇAIS

IMPORTANT : L’UTILISATION DE VOTRE iPHONE, iPAD ou IPOD TOUCH (« APPAREIL 

iOS ») IMPLIQUE QUE VOUS ACCEPTEZ D’ÊTRE LIÉ PAR LES CONDITIONS SUIVANTES :

A. CONTRAT DE LICENCE DE LOGICIEL DE L’APPLE iOS

B. NOTIFICATIONS DE LA PART D’APPLE

APPLE INC. 

CONTRAT DE LICENCE DE LOGICIEL DE L’APPLE iOS

Licence individuelle

LISEZ ATTENTIVEMENT CE CONTRAT DE LICENCE DE LOGICIEL (LA « LICENCE ») AVANT 

D’UTILISER VOTRE APPAREIL iOS OU DE TÉLÉCHARGER LA MISE À JOUR DU LOGICIEL 

FOURNI AVEC LA PRÉSENTE LICENCE. L’UTILISATION DE VOTRE APPAREIL iOS OU LE 

TÉLÉCHARGEMENT D’UNE MISE À JOUR, LE CAS ÉCHÉANT, IMPLIQUE QUE VOUS 

ACCEPTEZ LES CONDITIONS DE CETTE LICENCE. SI VOUS ÊTES EN DÉSACCORD AVEC 

LES CONDITIONS DE CETTE LICENCE, N’UTILISEZ PAS L’APPAREIL iOS ET NE 

TÉLÉCHARGEZ PAS CETTE MISE À JOUR. 

SI VOUS AVEZ RÉCEMMENT ACHETÉ UN APPAREIL IOS ET QUE VOUS N’ÊTES PAS 

D’ACCORD AVEC LES CONDITIONS DE LA LICENCE, VOUS POUVEZ RENVOYER 

L’APPAREIL IOS, DANS LES DÉLAIS DE RETOUR PRÉVUS, AU MAGASIN OU AU 

DISTRIBUTEUR AGRÉÉ APPLE AUPRÈS DUQUEL VOUS L’AVEZ ACHETÉ, AFIN D’EN 

OBTENIR LE REMBOURSEMENT SOUS RÉSERVE DES RÈGLES APPLE CONCERNANT LE 

RETOUR DES PRODUITS, DISPONIBLES À L’ADRESSE http://www.apple.com/legal/

sales_policies/.

1. Généralités.

(a) Apple Inc. (« Apple ») vous concède une licence, et en aucun cas ne vous cède des droits, sur 

le logiciel (y compris le code ROM de démarrage et autre logiciel intégré), la documentation, les 

interfaces, le contenu, les polices de caractères et toutes les données accompagnant votre 

appareil iOS (« Logiciel original de l’iOS »), pouvant être mis à jour ou remplacés par des mises à 

jour de logiciels ou des logiciels de restauration du système fournis par Apple (« Mises à jour du 

Logiciel de l’iOS »), qu’ils soient sur mémoire morte (ROM) ou sur tout autre support ou sous 

toute autre forme (le Logiciel original de l’iOS et les Mises à jour du Logiciel de l’iOS sont 

référencés dans leur ensemble sous le terme de « Logiciel de l’iOS »), uniquement en vue d’une 

utilisation conforme aux conditions de la Licence. Vous êtes propriétaire du support sur lequel le 

Logiciel de l’iOS est enregistré mais Apple et ses concédants conservent la propriété du Logiciel 

de l’iOS et se réservent tous les droits ne vous étant pas expressément accordés. 

Case 5:17-cv-00551-LHK Document 278-10 Filed 10/04/18 Page 11 of 11