Apple Software License Agreement

as authorized by United States law and the laws of the jurisdiction in which the Apple Software was
obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a)
into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North
Korea, Sudan and Syria) 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 Apple
Software, you represent and warrant that you are not located in, under control of, or a national or resident
of any such country or on any such list.
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. §227.7202-1through
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Unpublished-rights reserved under the copyright laws of the United States.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, as applied to agreements entered into and to be performed
entirely within California between California residents. 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 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. Third Party Beneficiary You are hereby notified that PortalPlayer, Inc., a California corporation
located at 3255 Scott Boulevard, Building 1, Santa Clara, California 95054, U.S.A. is a third party
beneficiary to this License to the extent that this License contains provisions which relate to your use,
reproduction, or other distribution of the PortalPlayer software. Such provisions are made expressly for
the benefit of PortalPlayer and are enforceable by PortalPlayer in addition to Apple.
12. Third Party Notices and Conditions The Apple Software may include or utilize certain software
which is owned by Netscape Communications Corporation, the source code of which is available under
the Netscape Public License, version 1.1 (the "NPL'ed Code"). Apple may make modifications to this
NPL'ed Code, in which case the source code of such Apple modifications, as well as a copy of the
Netscape Public License, will be included with the Apple Software.
13. Complete Agreement; Governing Language This License constitutes the entire agreement
between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all
prior or contemporaneous understandings regarding such subject matter. 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.
14. Use of MPEG-4 This product is licensed under the MPEG-4 Systems Patent Portfolio License for
encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and
payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical
media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and
is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained
from MPEG LA, LLC. See http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-
commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard
(“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a
personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to
provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information
including that relating to promotional, internal and commercial uses and licensing may be obtained from