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APPLE INC. SWIFT PLAYGROUNDS SOFTWARE LICENSE AGREEMENT   

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 INSTALL AND/OR USE THE SOFTWARE. 

IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute.  If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 

1.  General. 
A.  The Apple software, documentation, interfaces, content, fonts and any data accompanying this License whether 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 Apple-branded iOS device.  The Apple Software 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 iOS devices.  The terms of this License will govern any software upgrades or updates provided by Apple to the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. 

2.  Permitted License Uses and Restrictions. 
A.  License.  Subject to the terms and conditions of this License and as permitted in the “App Store Product Usage Rules” set forth in the App Store Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/) (“Usage Rules”), unless you obtained the Apple Software as described in Section 2B, you are granted a limited, non-transferable, non-exclusive license to install and use the Apple Software on any compatible Apple-branded iOS device that you own or control.  You may not distribute or make the Apple Software available over a network where it could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. 

B.  Volume or Maintenance License.  If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded iOS devices you own or control.  Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. 

C.  System Requirements.  Apple Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple. 

D.  Swift Playgrounds App.  The Apple Software licensed hereunder is the Swift Playgrounds App (“Playgrounds App”), which contains or otherwise includes documents referred to as “Playgrounds”.  The Playgrounds App provides reusable content such as graphics, artwork, images, photographs, sounds and similar content (collectively, the “Playgrounds Content”), and reusable computer code, for use in creating your own documents within the Playgrounds App in accordance with this License.  Except as otherwise provided herein, during the term of this License and conditioned upon your compliance with these terms, you may: (i) use the templates provided in the Playgrounds App to create documents within the Playgrounds App; (ii) use and modify the Playgrounds Content in the documents you create using the Playgrounds App; and (iii) use the computer code provided in the templates in “Starting Points” and/or in the “Learn to Code”, “Challenges”, or “Accessories” tabs to create documents within the Playgrounds App, unless any such computer code is accompanied by another license, in which case, that license applies to the use and distribution of such computer code.  Any computer code provided within the Playgrounds App that enables access to or interacts with an Apple application programming interface may be used only within documents running within the Playgrounds App on an Apple-branded device and may not be copied, reverse engineered or used on any other platform. 

You acknowledge that no framework will be made available in the Playgrounds App for creating applications for use outside the Playgrounds App.  You further acknowledge that in order to create any application for use outside the Playgrounds App on an Apple device running iOS, and/or for distribution via Apple’s App Store, you will need to enter into Apple’s Developer Program License Agreement.  For further information, please refer to information about the Apple Developer Program at https://developer.apple.com.   

You may distribute the documents you create in the Playgrounds App and you may modify such documents using Xcode on an Apple-branded device; however, the Playgrounds Content may not be used in any applications running outside of the Playgrounds App and may not otherwise be used, extracted, copied, modified, distributed, or repackaged as content, audio samples, clip art, music beds, sound effects, sound files, sound libraries, stock animation, or similar assets.  The computer code provided for use in creating documents in the Playgrounds App may not be used in any applications running outside of the Playgrounds App other than when editing such documents using Xcode, unless such computer code is accompanied by another license, in which case that license applies to the use and distribution of such computer code.

This License does not grant you any rights in any trademarks, service marks, trade names, or logos of Apple or any third party that may be referenced or included within the Playgrounds App, and any such trademarks, service marks, trade names, or logos are expressly excluded from the definition of “Playgrounds Content”.

E.  Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belong to the respective content owner.  Such content may be protected by copyright or other intellectual property laws and treaties.  Except as otherwise provided in this License, 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.

F.  Documents that you create using the Playgrounds App must not contain any malware, malicious or harmful code, program, or other internal component (e.g., computer viruses, Trojan horses, “backdoors”) which could damage, destroy, or adversely affect the Apple Software, services, Apple-branded products, or other software, firmware, hardware, data, systems, services, or networks; and must not be designed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights of any other party.  

G.  No Reverse Engineering.  You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), 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 to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Apple Software). 

H.  Compliance with Laws.  You agree to use the Apple Software and the services 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 Apple Software and services.  You agree that, to the best of your knowledge and belief, your documents will not violate, misappropriate, or infringe any Apple or third party copyrights, trademarks, service marks, trade names, logos, or other proprietary or legal rights (e.g. photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in your documents).  

I.  Third Party Software.  Apple may provide access to certain third party software and/or services as a convenience (e.g., the “Accessories” content in the Playgrounds App).  Apple will not be responsible for your use of any such third party software or services, and in no event shall Apple be liable for any direct, indirect or consequential damages arising out of or related to your use of any third party software or services included in or accessed through the Playgrounds App, including, but not limited to, any damage to third party hardware that interacts with associated third party content, or any loss or damage of any kind incurred as a result of errors or omissions in third party code.  All third party software that you access through the “Accessories” tab is licensed to you by the applicable third party and, unless such software is accompanied by separate license, your use will be subject to the same terms and conditions as set forth in this License.  Further, to the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.  Apple and its licensors reserve the right to change, suspend, remove, or disable access to any third party software and/or services at any time without notice.  In no event will Apple be liable for the removal of or disabling of access to any such software and/or services.  Apple may also impose limits on the use of or access to certain software and/or services, in any case and without notice or liability. 

J.  Automatic Updates.  If you choose to allow automatic app updates, your device will periodically check with Apple for updates and upgrades to the Apple Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices.  You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings. 

3.  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 unique system or hardware identifiers, information about your iOS device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple 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, for the purposes described above.  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.  Privacy Policy.  At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 

4.  Services and Third Party Materials. 
A.  General.  The Apple Software may enable access to Apple’s iTunes Store, App Store, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”), and any such Services accessed within the Apple Software may be used solely in documents created within the Apple Software on Apple-branded devices in conformance with this License, unless otherwise set forth in an applicable separate license agreement.  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 iTunes Store account, 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 which you may access and review at http://www.apple.com/legal/internet-services/itunes/. 

B.  If you choose to use the iCloud services through the Apple Software, such use is subject to the following additional terms: iCloud Terms and Conditions available at http://www.apple.com/legal/internet-services/icloud/ww/ and Apple’s Privacy Policy available at http://www.apple.com/legal/privacy/. 

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. 

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. 

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 contain proprietary content, information and material, including but not limited to any Digital Materials, 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. 

F.  In addition, Services and Third Party Materials that may be accessed, linked to or displayed through 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. 

5.  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 Apple Software and destroy all copies, full or partial, of the Apple Software.  Sections 3, 4, 5, 6, 7, 8, 10, 11, and 12 of this License shall survive any such termination. 

6.  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 consumer 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 AND ANY THIRD PARTY SOFTWARE, CONTENT, OR SERVICES INCLUDED IN OR ACCESSED THROUGH THE APPLE SOFTWARE (COLLECTIVELY, “APPLE SOFTWARE” FOR THE PURPOSES OF SECTIONS 6 AND 7) 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 IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE, ITS AFFILIATES, AGENTS, PRINCIPALS, AND THIRD PARTY LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, 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, 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 WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS, HARDWARE, OR THIRD PARTY SERVICES.  INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS, HARDWARE, OR THIRD PARTY SERVICES. 

E.  YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE IS 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 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. 

F.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SHOULD THE APPLE SOFTWARE 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. 

7.  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 APPLE SOFTWARE OR ANY THIRD PARTY SOFTWARE, HARDWARE, OR APPLICATIONS IN CONJUNCTION WITH THE APPLE 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 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. 

8.  Export Control.  You may not use or otherwise export or re-export 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, nuclear, chemical or biological weapons. 

9.  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. 

10.  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. 

11.  Complete Agreement; Governing Language.  This License constitutes the entire agreement between you and Apple relating to the Apple 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. 

12.  Third Party Acknowledgements.  Portions of the Apple 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 Apple Software, and your use of such material is governed by their respective terms.

EA1489
5/24/2017