117付録hereby agree to indemnify, defend and hold Apple and every Cont ributor harmless for any liabilityincurred by or claims asserted ag ainst Apple or such Contributo r by reason of any such AdditionalTerms.7. Versions of the License. Apple may publish revised and/or ne w versions of this License from timeto time. Each version will be giv en a distinguishing version nu mber. Once Original Code has beenpublished under a particular version of this License, You may c ontinue to use it under the terms of thatversion. You may also choose to use such Original Code under th e terms of any subsequent version ofthis License published by Apple. No one other than Apple has th e right to modify the terms applicable toCovered Code created under this License.8. NO WARRANTY OR SUPPORT. The Co vered Code may contain in whol e or in part pre-release,untested, or not fully tested works. The Covered Code may conta in errors that could cause failures orloss of data, and may be incomplete or contain inaccuracies. Yo u expressly acknowledge and agree thatuse of the Covered Code, or any portion thereof, is at Your sol e and entire risk. THE COVERED CODE ISPROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF A NY KIND AND APPLEAND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FO R THE PURPOSES OFSECTIONS 8 AND 9) AND ALL CO NTRIBUTORS EXPRESSLY DISCLAIM ALL W ARRANTIES AND/ORCONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIESAND/OR CONDITIONS OF MERCHANT ABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR APARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINF RINGEMENT OF THIRDPARTY RIGHTS. APPLE AND EACH C ONTRIBUTOR DOES NOT WARRANT AGAIN ST INTERFERENCEWITH YOUR ENJOYMENT OF THE COVERE D CODE, THAT THE FUNCTIONS CON TAINED IN THECOVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODEWILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COV ERED CODE WILL BECORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AP PLE, AN APPLEAUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WAR RANTY. Youacknowledge that the Covered Cod e is not intended for use in th e operation of nuclear facilities, aircraftnavigation, communication syst ems, or air traffic control machi nes in which case the failure of theCovered Code could lead to deat h, personal injury, or severe physical or environmental damage.9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW , IN NO EVENT SHALLAPPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT ORCONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENS E OR YOUR USE ORINABILITY TO USE THE COVERED CODE , OR ANY PORTION THEREOF, WHET HER UNDER A THEORYOF CONTRACT, WAR RANTY, TORT (INCLUDING NE GLIGENCE), PRODUCTS LI ABILITY OR OTHERWISE,EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSI BILITY OF SUCHDAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCID ENTAL OR CONSEQUENTIALDAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event s hall Apple's total liability toYou for all damages (other than as may be required by applicabl e law) under this License exceed theamount of fifty dollars ($50.00).10. Trademarks. This License does not grant any rights to use t he trademarks or trade names "Apple","Apple Computer", "Mac", "Mac O S", "QuickTime", "QuickTime Stre aming Server" or any other trademarks,service marks, logos or trade names belonging to Apple (collect ively "Apple Marks") or to any trademark,service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks inor as part of the name of products derived from the Original Co de or to endorse or promote productsderived from the Original Code other than as expressly permitte d by and in strict compliance at all timeswith Apple's third party trademark usage guidelines which are p osted at http://www.apple.com/legal/guidelinesfor3rdparties.html.