Itunes Store - Terms and Conditions
Itunes Store - Terms and Conditions
Itunes Store - Terms and Conditions
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- You may use the Services and Content only for personal, noncommercial purposes (except as set
forth in the App Store Content section below).
- Apples delivery of Content does not transfer any promotional use rights to you, and does not
constitute a grant or waiver of any rights of the copyright owners.
- You can use Content from up to five different Apple IDs on each device.
- It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage
you to back up your Content regularly.
- You may not tamper with or circumvent any security technology included with the Services.
- You may access our Services only using Apples software, and may not modify or use modified
versions of such software.
- Video Content requires an HDCP connection.
iTunes Store Content:
- You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible
devices that you own or control. DRM-protected Content can be used on up to five computers and any
number of devices that you sync to from those computers.
- Content rentals are viewable on a single device at a time, and must be played within 30 days, and
completed within 24 to 48 hours of the start of play depending on the Content offered on the Services
in your Home Country (stopping, pausing or restarting does not extend this period).
- You may burn an audio playlist to CD for listening purposes up to seven times (this limitation does
not apply to DRM-free Content).
App Store Content:
- The term App includes apps, iMessage and Apple Watch apps, in-app purchases, extensions (such
as keyboards), stickers, and subscriptions made available in an app.
- You can use Apps on any device that you own or control.
- Individuals acting on behalf of a commercial enterprise, governmental organization or educational
institution (an Enterprise) may download and sync Apps for use by either (i) a single individual on
one or more devices owned or controlled by an Enterprise; or (ii) multiple individuals on a single
shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially
or collectively by multiple users requires a separate license.
iBooks Store Content:
- You can use DRM-free Content on any compatible device that you own or control. DRM-protected
Content can be used on up to five computers and any number of devices that you sync to from those
computers.
- You may not burn iBooks Store Content to disk.
Apple Music:
- You can use an Individual Apple Music membership on up to 10 devices (only five of which can be
computers).
- An Individual Apple Music membership allows you to stream on a single device at a time; a Family
membership allows you or your Family members to stream on up to six devices at a time.
REDOWNLOADS
You may be able to redownload previously acquired Content (Redownload) to your devices that are
signed in with the same Apple ID (Associated Devices). You can see Content types available for
Redownload in your Home Country at https://support.apple.com/en-us/HT204632. Content may not
be available for Redownload if that Content is no longer offered on our Services.
Associated Devices Rules: You can have 10 devices (but only a maximum of 5 computers) signed in
with your Apple ID at one time. Each computer must also be authorized using the same Apple ID (to
learn more about authorization of computers, visit https://support.apple.com/en-us/HT201251).
Devices can be associated with a different Apple ID once every 90 days.
SUBSCRIPTIONS
The Services and certain Apps may allow you to purchase access to Content or services on a
subscription basis (Paid Subscriptions). Paid Subscriptions automatically renew until cancelled in the
Manage Subscriptions section of your account settings. We will notify you if the price of a Paid
Subscription increases and, if required, seek your consent to continue. You will be charged no more
than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may
offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid
Subscription before we start charging your payment method, cancel the subscription before the free
trial ends.
CONTENT AND SERVICE AVAILABILITY
Terms found in this Agreement that relate to Services, Content types, features or functionality not
available in your Home Country are not applicable to you unless and until they become available to
you. To see the Content types available to you in your Home Country, go to the Services or visit
https://support.apple.com/en-us/HT204411.
NON-APPLE DEVICES
If you use our Services on a non-Apple-branded device, you may not be able to access all features or
Content types. Terms in this Agreement relating to unavailable features or Content types are not
applicable to you. If you later choose to access our Services from an Apple-branded device, you agree
that all terms of this Agreement will apply to your use on such device.
C. YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts
(including associated metadata and artwork). Your use of such features must comply with the
Submissions Guidelines below, which may be updated from time to time. If you see materials that do
not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby
grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit
within the Services and related marketing. Apple may monitor and decide to remove or edit any
submitted material.
Submissions Guidelines: You may not use the Services to:
- post any materials that you do not have permission, right or license to use;
- post objectionable, offensive, unlawful, deceptive or harmful content;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising,
promotional materials, or informational announcements;
- plan or engage in any illegal, fraudulent, or manipulative activity.
D. FAMILY SHARING
Family Sharing allows you to share eligible Content with up to six members of a Family. The organizer
of a Family invites other members to participate, and agrees to pay for all Transactions initiated by
Family members (the Organizer). The Organizer must be 18 years or older and the parent or legal
guardian of any Family member under age 13 or the equivalent minimum age in their Home Country
(as set forth in the registration process). Apple devices are required for access to all of the Family
Sharing features.
The Organizer's payment method is used to pay for any Transaction initiated by a Family member
(except when the Family members account has store credit, which is always used first). Family
members are acting as agents for the Organizer when the Organizers payment method is used. The
Organizer hereby agrees (1) to pay for such Transactions, and (2) that Transactions initiated by Family
members are authorized. Organizers are responsible for complying with their payment method
contract, and assume all risk related to sharing access to the payment method with Family members.
A receipt or invoice for any Family member Transaction is sent to the initiating Family member and the
Organizer.
Ask to Buy: Ask to Buy is a convenient feature that allows an Organizer to approve each Transaction
initiated by a Family member under age 18 (or the equivalent age of majority in your Home Country).
The Organizer must be the parent or legal guardian of any Family member for whom Ask to Buy is
activated. Products downloaded from Family members or acquired via redemption codes are not
subject to Ask to Buy.
Family Member changes: When a Family member leaves or is removed from the Family, the remaining
Family members may no longer be able to access the former members Content, including Content
acquired with the Organizers payment method.
Family Sharing Rules: You can only belong to one Family at a time, and may join any Family no more
than twice per year. You can change the Apple ID you associate with a Family no more than once every
90 days. All Family members must share the same Home Country. Not all Content, including In-App
Purchases, subscriptions, and some previously acquired Apps, are eligible for Family Sharing.
E. RECOMMENDATION FEATURES
The Services will recommend Content to you based on your downloads, purchases and other activities.
You may opt out from receiving such recommendations in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on
these features, you will be asked to give Apple permission to collect and store certain data, including
but not limited to data about your device activity, location, and usage. Please carefully read the
information presented when you turn on these features.
F. ADDITIONAL ITUNES STORE TERMS
SEASON PASS AND MULTI-PASS
A Pass allows you to purchase and receive television Content as it becomes available. A Season Pass
applies to television Content that has a limited number of episodes per season; a Multi-Pass applies to
television Content that is available on an ongoing basis. The full price of a Season Pass or Multi-Pass
is charged at the time of the Transaction. Season Pass or Multi-Pass Content is available for download
up to 90 days after the last episode becomes available. If automatic renewal is selected when you
obtain a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle. You can
turn off automatic renewal prior to the beginning of the next Multi-Pass cycle in your account
settings. If a Content provider delivers to Apple fewer TV episodes than planned when you purchased
a Season Pass, we will credit to your Apple ID the retail value of the corresponding number of episodes
that were not provided to Apple.
G. ADDITIONAL APP STORE TERMS
LICENSE OF APP STORE CONTENT
App licenses are provided to you by Apple or a third party developer (App Provider). If you are a
customer of iTunes S..r.l., the merchant of record is iTunes S..r.l., which means that you acquire the
App license from iTunes S..r.l., but the App is licensed by the App Provider. An App licensed by Apple
is an Apple App; an App licensed by an App Provider is a Third Party App. Apple acts as an agent
for App Providers in providing the App Store and is not a party to the sales contract or user agreement
between you and the App Provider. Any App that you acquire is governed by the Licensed Application
End User License Agreement (Standard EULA) set forth below, unless Apple or the App Provider
provides an overriding custom license agreement (Custom EULA). The App Provider of any Third
Party App is solely responsible for its content, warranties, and claims that you may have related to the
Third Party App. You acknowledge and agree that Apple is a third-party beneficiary of the Standard
EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement.
Certain Apps, such as stickers and iMessage apps, may not appear on the device springboard but can
be accessed and used in the Messages app drawer.
IN-APP PURCHASES
Apps may offer content, services or functionality for use within such Apps (In-App Purchases). InApp Purchases that are consumed during the use of the App (for example, virtual gems) cannot be
transferred among devices and can be downloaded only once. You must authenticate your account
before making In-App Purchases separate from any authentication to obtain other Content by
entering your password or using Touch ID. You will be able to make additional In-App Purchases for
fifteen minutes without re-authenticating unless youve asked us to require a password for every
purchase or have enabled Touch ID. You can turn off the ability to make In-App Purchases by
following these instructions: https://support.apple.com/en-us/HT201304.
APP MAINTENANCE AND SUPPORT
Apple is responsible for providing maintenance and support for Apple Apps only, or as required under
applicable law. App Providers are responsible for providing maintenance and support for Third Party
Apps.
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is
subject to your prior acceptance of either this Licensed Application End User License Agreement
(Standard EULA), or a custom end user license agreement between you and the Application Provider
(Custom EULA), if one is provided. Your license to any Apple App under this Standard EULA or
Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA
or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject
to this Standard EULA is referred to herein as the Licensed Application. The Application Provider or
Apple as applicable (Licensor) reserves all rights in and to the Licensed Application not expressly
granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application
on any Apple-branded products that you own or control and as permitted by the Usage Rules. The
terms of this Standard EULA will govern any content, materials, or services accessible from or
purchased within the Licensed Application as well as upgrades provided by Licensor that replace or
supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA.
Except as provided in the Usage Rules, you may not distribute or make the Licensed Application
available over a network where it could be used by multiple devices at the same time. You may not
transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a
third party, you must remove the Licensed Application from the Apple Device before doing so. You
may not copy (except as permitted by this license and the Usage Rules), reverse-engineer,
disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed
Application, any updates, or any part thereof (except as and only to the extent that any foregoing
restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms
governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related
informationincluding but not limited to technical information about your device, system and
application software, and peripheralsthat is gathered periodically to facilitate the provision of
software updates, product support, and other services to you (if any) related to the Licensed
Application. Licensor may use this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under
this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensors and/or third-party
services and websites (collectively and individually, "External Services"). You agree to use the External
Services at your sole risk. Licensor is not responsible for examining or evaluating the content or
accuracy of any third-party External Services, and shall not be liable for any such third-party External
Services. Data displayed by any Licensed Application or External Service, including but not limited to
financial, medical and location information, is for general informational purposes only and is not
guaranteed by Licensor or its agents. You will not use the External Services in any manner that is
inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of
Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten
or defame any person or entity, and that Licensor is not responsible for any such use. External
Services may not be available in all languages or in your Home Country, and may not be appropriate or
available for use in any particular location. To the extent you choose to use such External Services,
you are solely responsible for compliance with any applicable laws. Licensor reserves the right to
change, suspend, remove, disable or impose access restrictions or limits on any External Services at
any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION
ARE PROVIDED "AS IS" AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE LICENSED APPLICATION 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.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE
LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR
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 Licensors 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.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by
United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In
particular, but without limitation, the Licensed Application 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 Specially
Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By
using the Licensed Application, 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 these products for any purposes
prohibited by United States law, including, without limitation, the development, design, manufacture,
or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application 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.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the
relationship between you and Apple shall be governed by the laws of the State of California, excluding
its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or
claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c)
you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries
identified below, you hereby agree that any dispute or claim arising from this Agreement shall be
governed by the applicable law set forth below, without regard to any conflict of law provisions, and
you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state,
province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing
law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations
Convention on the International Sale of Goods.
H. ADDITIONAL IBOOKS STORE TERMS
You acquire iBooks Store Content from the third-party provider of such Content (the Publisher), not
Apple. Apple acts as an agent for the Publisher in providing iBooks Store Content to you, and
therefore Apple is not a party to the Transaction between you and the Publisher. If you are a customer
of iTunes S..r.l., the merchant of record is iTunes S..r.l., which means that you acquire a license to
use the Content from iTunes S..r.l., but the Content is licensed by the Publisher. The Publisher of the
iBooks Store Content reserves the right to enforce the terms of use relating to such iBooks Store
Content. The Publisher of the iBooks Store Content is solely responsible for such Content, any
warranties to the extent that such warranties have not been disclaimed, and any claims that you or any
other party may have relating to such Content.
I. ADDITIONAL APPLE MUSIC TERMS
APPLE MUSIC MEMBERSHIP
Apple Music is a subscription music service. Your Apple Music membership will automatically renew
until you turn off automatic renewal in account settings. See the Subscriptions section for more
details. When your Apple Music membership ends, you will lose access to any feature of Apple Music
that requires a membership, including but not limited to access to Apple Music songs stored on your
device, and iCloud Music Library. Apple reserves the right to cancel your Apple Music membership if
we are unable to successfully charge your payment method to renew your membership.
Where available, you may be offered an Apple Music membership through your wireless carrier (a
Carrier Membership). If you purchase a Carrier Membership, your carrier will bill you for the cost of
your Apple Music membership. Your billing relationship with the carrier is governed by the carriers
terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership
must be directed to your carrier, not Apple. By using Apple Music, you agree that your carrier may
exchange your carrier account information, telephone number and subscription information with
Apple, and that Apple may use this information to determine the status of your Carrier Membership.
If you believe that any Content available through the Services infringe a copyright claimed by you,
please contact Apple at the following locations:
- iTunes Store: http://www.apple.com/legal/internet-services/itunes/itunesstorenotices/
- App Store: https://www.apple.com/legal/internet-services/itunes/appstorenotices/
- iBooks Store: [email protected]
- Apple Music: http://www.apple.com/legal/trademark/claimsofcopyright.html
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this
Agreement, Apple may, without notice to you: (i) terminate this Agreement and/or your Apple ID, and
you will remain liable for all amounts due under your Apple ID up to and including the date of
termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the
Services.
Apple further reserves the right to modify, suspend, or discontinue the Services (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 SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE
THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE
LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE
RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES 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 SERVICES OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, 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 POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE
SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR
JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED
BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION
IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE APPLE FROM 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 SERVICES WILL BE FREE FROM LOSS,
CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU
HEREBY RELEASE APPLE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR
BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE
SERVICES.
APPLE IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING
FILES OVER A DATA CONNECTION.
WAIVER AND INDEMNITY
BY USING THE SERVICES, 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 SERVICES, 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. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER
ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,