Law Essay Example Apple's License Agreement

Who are the parties to this Agreement?

The parties to the Agreement include the Apple Computer Inc. and the distributors and the end users of the company's software. The distributors enter into the Agreement to distribute Apple software to the end users. For this reason, the licensor, Apple Inc. writes the terms and conditions that govern the relationship in the form of an Agreement.

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Can the party licensing the software transfer it to someone else?

The Agreement does not allow the licensee to transfer the agreement to a third party without the consent of the licensor, Apple Inc.

Read Section 2.3-Google these terms. What does this section mean?

The Section provides that the licensee or preferably the end user agrees not to engage in reverse engineering, disassemble, reproduce, distribute, or dispose of either part or the entire Apple software in a manner that is not consistent with the term and conditions provided in the Agreement. The Section means that even though the consumer purchases the Apple software, Apple Inc., the production company remains the holder of the copyrights. It means that the ends users dot have any rights to hold the product as their own.

What is the time period for this Agreement?

The effective period of the Agreement is one year. Once this period elapses, the agreement automatically renews for another one year unless the some disruptions occur, for instance, if Apple Inc. terminates the Agreement. The licensee can also write a notice to Apple Inc. notifying the company of the intent to terminate the Agreement. If the licensee fails to pay the renewal fee or any other new fee that arises regarding the agreement, the agreement will not renew automatically for another year.

Read Section 10 and Google "indemnity"- what do you think this Section means?

Indemnity refers to the process of reimbursing a party as compensation for any damages or losses that they incur. Therefore, Section 10 means that once Apple Inc. incurs any costs regarding claims, expenses, losses, or attorney fees on behalf of the software distributors, the licensee is liable to compensate Apple Inc. regarding such costs.

Can the licensee "assign" this Agreement? What does this mean?

In an Agreement, the concept "assign" refers to the process through which the licensee transfers or conveys the agreement to a third party. In the case Agreement, Apple Inc. prohibits the licensee to "assign" the Agreements. It means that the software distributor, who is the licensee, has no obligation to transfer the agreement to a party without the consent of the licenser, in this case, Apple Inc.

What is the Governing Law for this Agreement?

The Agreement will be governed and operated according to the rules and regulations in the State of California. The Agreement will thus follow the state rules that govern Agreements within California, and the Agreement shall be undertaken in California by California residents only. Any other dispute resolution shall be conducted in the Northern District of California.

How can Apple terminate this Agreement?

If the licensee breaches the terms and conditions of the Agreement, Apple Inc. can terminate the Agreement by writing a notice to the licensee informing them of the intent t terminate the Agreement. If the licensee continues to breach the Agreement for thirty days after receiving the written notice from Apple, the licenser can terminate the Agreement where the rights, duties, and obligation of the licensee ceases to be functional with immediate effect.