Apple Music Customer Seed
PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS APPLE MUSIC CUSTOMER SEED AND CONFIDENTIALITY AGREEMENT (“AGREEMENT”) CAREFULLY. BY JOINING, OR OTHERWISE ACCESSING OR PARTICIPATING IN THE APPLE MUSIC CUSTOMER SEED PROGRAM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL BE INELIGIBLE TO PARTICIPATE IN THE APPLE MUSIC CUSTOMER SEED PROGRAM.
APPLE MUSIC CUSTOMER SEED AND CONFIDENTIALITY AGREEMENT
APPLE INC.
1. Participation in the Apple Music Customer Seed Program. The purpose of the Apple Music Customer Seed Program (“Seeding Program”) is to make alpha, beta, and other pre-release software, pre-release services, and related documentation, materials, and information (collectively, the “Pre-Release Software”) available to Seeding Program participants from time to time for the purpose of providing Apple with feedback on the quality and usability of the Pre-Release Software. You understand and agree that participation in the Seeding Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Apple, and neither you nor Apple has any authority to bind the other. You understand that your participation in the Seeding Program does not obligate Apple to provide you with any Pre-Release Software. Should Apple decide to provide you with Pre-Release Software, you agree to use and evaluate the Pre-Release Software diligently. Apple reserves the right to modify the terms, conditions, and policies of this Seeding Program at any time without notice, and to revoke your participation in this Seeding Program at any time.
2. Access to Pre-Release Software; Seeding Tools; and Additional Terms. You understand that Apple may make Pre-Release Software available to Seeding Program participants for downloading online and/or on physical media. From time to time, Apple may also provide you with software as part of the Seeding Program, including but not limited to scripts, code snippets, sample code, troubleshooting applications and bug submission tools (“Seeding Tools”) as part of your participation in the Seeding Program. All use of such Pre-Release Software and Seeding Tools shall be pursuant to the terms and conditions of this Agreement and/or another license agreement accompanying such Pre-Release Software or Seeding Tools (collectively, “Pre-Release Software” and “Seeding Tools” shall be referred to as “Apple Software” for purposes of this Agreement).
If the Apple Software is accompanied by a separate license agreement, you agree that the license agreement accompanying such Apple Software, in addition to Sections 5 and 6 of this Agreement, shall govern your use of the Apple Software. Any inconsistencies between the provisions of the license agreement accompanying the Apple Software and Sections 5 and 6 of this Agreement shall be governed by this Agreement. If there is no license agreement accompanying the Apple Software, your use of the Apple Software will be subject to the provisions of this Agreement.
3. License Grant and Restrictions. Subject to your compliance with this Agreement, Apple hereby grants you a personal, limited license to use the Apple Software solely for testing and evaluation purposes and only in connection with this Seeding Program. Except as otherwise permitted under Section 15, this license does not grant you the right to use the Apple Software for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the Apple Software. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any Apple Software (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components included with any such Apple Software). Unless otherwise permitted under Section 15 below, you certify that the Apple Software will only be used for testing and evaluation purposes in connection with the Seeding Program, and will not be rented, sold, leased, sublicensed, assigned, distributed or otherwise transferred. Apple retains ownership of all Apple Software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Apple intellectual property.
4. Feedback. As part of the Seeding Program, Apple will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Apple. Apple may request this information from you through the Seeding Tools as well as by phone, email, web questionnaires, bug forms, and other mechanisms. By agreeing to this Agreement, you agree that Apple may contact you from time to time about the Seeding Program, and you hereby consent to receive such communications. Except as otherwise set forth in Section 8, you agree that in the absence of a separate written agreement to the contrary, Apple will be free to use any Feedback you provide for any purpose.
5. Definition of Confidential Information. You agree that the Pre-Release Software and any information concerning the Pre-Release Software (including its nature and existence, features, functionality, and screen shots), the Seeding Tools, and any other information disclosed by Apple to you in connection with this Agreement, including but not limited to information learned by you from Apple employees, agents or through inspection of Apple’s property, that relates to Apple’s products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information disclosed to you by Apple, will be considered and referred to collectively in this Agreement as “Confidential Information.” Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by Apple, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement. All Confidential Information remains the sole property of Apple and you have no implied licenses or other rights in the Confidential Information not specified in Section 3.
6. Nonuse and Nondisclosure of Confidential Information. Except as expressly permitted in this Section 6, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than those employees and contractors working for the same entity as you who are accepted into the Seeding Program and enrolled in the same individual seed as you, or as otherwise expressly permitted or agreed to in writing by Apple. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the Apple Software to third parties. You agree to accept Confidential Information for the sole purpose of effecting the permitted uses of the Apple Software as set forth in Section 3 above. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of Apple in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, you agree that Apple will have the right to obtain immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
7. Pre-Release Software for Compatible Devices. You may need to provide your own compatible device and purchase an Apple Music subscription to be able to participate in seeds of certain Pre-Release Software. You further understand that once you load such Pre-Release Software onto your device, you will be unable to (a) install or revert back to the commercial version of the Apple software or any earlier release of the Pre-Release Software during your participation in the Seed Program, and (b) use the Pre-Release Software for any purposes other than testing and evaluation unless or until Apple releases a commercial version of the Pre-Release Software. YOU ACKNOWLEDGE THAT BY INSTALLING SUCH PRE-RELEASE SOFTWARE ON SUCH DEVICES, THESE DEVICES MAY NOT BE CAPABLE OF BEING RESTORED TO THEIR ORIGINAL CONDITION. APPLE SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF PROVISIONING YOUR DEVICES, YOUR TESTING OR THE INSTALLATION OR USE OF PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE OR DATA. In addition, the Pre-Release Software may contain errors that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to back-up all data and information on your device and any peripherals prior to your participation in such seeds.
8. Consent to Collection and Use of Data; System Logs.
8.1 In order to test and improve Apple’s products and services, and only if you choose to install or use Pre-Release Software provided as part of the seeding process, you acknowledge that Apple and its subsidiaries and agents may be Collecting diagnostic, technical, usage and related information from Pre-Release Software and your computer, device, peripherals or hardware that uses such Pre-Release Software. You should carefully review the release notes and other information disclosed by Apple as part of the Seeding Program prior to choosing whether or not to install or use any such Pre-Release Software. By installing or using such Pre-Release Apple Software, you acknowledge and agree that Apple and its subsidiaries and agents have your permission to Collect any and all such information and use it as set forth above.
8.2 In addition, as part of your participation in the Seeding Program, you will have the option of manually attaching and/or using Apple’s Seeding Tools to attach detailed device and/or system logs (e.g., kernel logs, System Profile logs, hang logs, crash logs, spin logs, install logs, application logs, etc.) (“System Logs”) to Apple. Such System Logs may include personally identifiable information, including, without limitation, your account name, information regarding your contacts, calendar events, and email correspondence. Providing these System Logs is voluntary, but if you do provide them to Apple, then you acknowledge that Apple may use them for Apple's diagnostic purposes and to improve the Seeding Program.
8.3 Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: https://www.apple.com/privacy/.
9. Support and Maintenance; Future Products. During your participation in the Seeding Program or in a particular seed, Apple may or may not provide you with technical and other support for the Apple Software. If such support is provided, it will be provided in addition to your normal warranty coverage for your device or computer, as applicable, and will be available exclusively through the Seeding Program while you are a participant for the applicable seed. You agree to abide by any support rules and policies that Apple provides to you in order to receive such support. You acknowledge that Apple has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
10. Discussion Forums. As part of the Seeding Program, you may have the ability to participate in discussion forums about the Pre-Release Software and other Confidential Information that Apple may make available to you. You agree that all use of such discussion forums will be in accordance with the Apple Music Customer Seed Discussions Code of Conduct reproduced below and posted in the Seeding Program portal, which is subject to change from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on the Seeding Program portal and/or send an email to you with notices of such changes. It is your responsibility to review the portal and/or check your email address registered with Apple for any such notices. You agree that Apple shall not be liable to you or any third party for any modification or cessation of such services. For purposes of such discussion forums, Apple is providing a limited exception to Section 6 by allowing you to discuss certain Apple Confidential Information received by you in connection with a particular seed with other seed participants who are in the same seed as you in the designated discussion forum for such seed, and only within this discussion forum. Except for the limited purpose of discussions with other seed participants within such forums, you acknowledge and agree that this Agreement does not grant you the right to copy, reproduce, publish, blog, disclose, transmit, or otherwise disseminate any Apple Confidential Information.
11. No Warranty. The Apple Software provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The Apple Software may be incomplete or contain errors or inaccuracies and could cause failures, corruption or loss of data and/or information. You expressly acknowledge and agree that all use of the Apple Software is at your sole risk. APPLE IS PROVIDING ALL CONFIDENTIAL INFORMATION, INCLUDING THE PRE-RELEASE SOFTWARE OR SEEDING TOOLS, TO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that Apple has not publicly announced the availability of the Pre-Release Software, that Apple has not promised or guaranteed to you that such Pre-Release Software will be announced or made available to anyone in the future, and that Apple has no express or implied obligation to you to announce or introduce the Pre-Release Software or any similar or compatible product, or to continue to offer or support the Pre-Release Software in the future.
12. Disclaimer of Liability. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CARRIER BILLS, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. APPLE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR DEVICE AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR APPLE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF APPLE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 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.
13. Term and Termination. This Agreement will continue in effect until terminated in accordance with this Section 13. You may terminate this Agreement or an individual seeding project at any time, for any reason, but only by returning or destroying any and all Confidential Information that is in your possession or control (including, without limitation, any Pre-Release Software); provided however that if you are unable to purge certain Pre-Release Software from your own device, then you agree that you will not use such device (or any Pre-Release Software loaded thereon) unless or until Apple makes available a commercial version of the Pre-Release Software available. At Apple’s request, you agree to provide certification of your compliance with the foregoing requirements upon any termination. Apple may terminate this Agreement or an individual seeding project at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein. Within seven (7) days of your receipt of Apple’s termination notice, or earlier if requested by Apple, you will return, cease all use of, and/or destroy the Pre-Release Software and all other Confidential Information as provided in this Section. Following termination of this Agreement or an individual seeding project for any reason, the restrictions of Section 3, 4-8, the last two sentences of Section 9, and 11-20, inclusive, will continue to bind the parties.
14. No Export. You agree that you will not export or re-export any of the Pre-Release Software or Confidential Information received from Apple except 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 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 nuclear, chemical or biological weapons.
15. Third Party Software & Information. Portions of the Apple Software may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the “online” electronic documentation for the Apple Software, and your use of such material is governed by such respective terms. Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to Seeding Program participants is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Apple shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
16. No Waiver or Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Apple, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.
17. Governing Law. This Agreement 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. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal court, or any other forum in Santa Clara County, for any litigation arising out of this Agreement.
Notwithstanding the foregoing, if you are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement, all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority.
If you (as an entity entering into this Agreement) are a U.S. public and accredited educational institution, then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) in which your educational institution is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation or other dispute resolution between you and Apple arising out of or relating to this Agreement, the Apple Software, or your relationship with Apple will take place in federal court within the Northern District of California, and you and Apple hereby consent to the personal jurisdiction of and exclusive venue of such District unless such consent is expressly prohibited by the laws of the state in which your educational institution is domiciled.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
18. Government End Users. If the Apple Software is supplied to the United States Government, the Apple Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Apple Software are as provided in clause 52.227-19 of the FAR.
19. Agreement in English. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
20. Severability; Complete Understanding. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement, including any appendices made effective pursuant to this Agreement and any additional licenses accompanying the Apple Software, constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. Except to the extent provided under Section 2 above, any inconsistencies between this Agreement and any license agreement accompanying the Apple Software will be governed by the license agreement accompanying the Apple Software. Except as expressly set forth herein, any waiver or amendment of any provision of this Agreement shall be effective only if in writing and signed by authorized representatives of both parties.
EA1483
11/29/2017
Apple Music Customer Seed Discussions Code of Conduct
1. The Apple Music Customer Seed discussion board should be used for seed related questions and topics. Discussing any issues related to software is acceptable. The discussion board's primary role is to serve as a self-help tool for participants to discuss problems they are having, and any possible workarounds that will enable you to continue testing the software. We want to facilitate collaboration and talking with each other in a confidential, Apple hosted environment, within the terms described in your Apple Music Customer Seed and Confidentiality Agreement. The Apple Music Customer Seeding team will review the discussions regularly, and participate as necessary.
2. Respect your fellow seed participant's time by staying focused on the technical aspects of testing pre-release software. Only post constructive comments and questions. Posts should always be either a technical comment, question or technical answer. Unless otherwise noted, do not post about nontechnical topics, including:
▪ Speculation or rumors about unannounced Apple products.
▪ Apple policies or procedures.
▪ Industry news or gossip.
▪ Job opportunities.
▪ Polls, petitions or links to same.
▪ Advertising, selling or marketing products or services to others.
3. There are many topic areas for discussion. You may respond to a thread or topic; and create new threads or topics. Keeping a sense of organization is crucial to a successful discussion board.
4. Be polite. Everyone should feel comfortable reading or participating on the discussion board. Do not post or encourage flames, rants, tirades, taunts or other inappropriate statements. Do not post material or links that, in Apple's reasonable judgement, may be found objectionable by other forum participants.
5. Posts containing inappropriate content, website references, email addresses, or other contact information may be redacted and/or deleted. This includes but is not limited to: expressions of violence, bigotry, racism, hatred, and profanity.
6. Always keep within the Law.
▪ No material may be submitted that is intended to promote or commit an illegal act or to violate any Apple agreement.
▪ Do not submit software or descriptions of processes that break or otherwise “work around” digital rights management software or hardware.
▪ Do not attempt to impersonate another user, person or entity.
7. We allow posting of screen shots in the discussion forums using the following formats: JPG, PNG, and GIF. The maximum supported message size, including attachments, is 25 MB. Screenshots should only be of appropriate seed related software issues.
8. Failure to adhere to the code of conduct may result in Apple removing or editing your post. Apple may also notify you that your post has been deleted or edited. Apple may also post moderator comments explaining the guideline violation. Serious or repeated failure to abide by these guidelines may result in temporary or permanent suspension of your ability to participate on the Apple Music Customer Seed discussion board or termination of your participation in the Apple Music Customer Seed Software Customer Seeding Program.
Last revised: November 29, 2017