Service and support from the people who know your iPad best
The AppleCare Protection Plan for iPad extends the complimentary coverage on your iPad to up to two
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of world-class support. The plan provides access to iPad experts and gives you anytime access to
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web-based resources at www.apple.com/uk/support/ipad or www.apple.com/ie/support/ipad. If your
iPad or the included accessories need service, Apple will repair or replace them.
Coverage information
This comprehensive plan is available for all iPad models within their one-year limited warranty. If you
sell the covered iPad before the AppleCare Protection Plan for iPad expires, you may transfer the plan
to the new owner. For each iPad you want to cover, you must purchase a separate AppleCare Protection
Plan for iPad.
Keep your Proof of Coverage document, the original iPad sales receipt, and the AppleCare Protection
Plan for iPad receipt. Apple may require proof of purchase if any questions arise about the eligibility of
your iPad for the AppleCare Protection Plan.
Technical support options
If you experience difficulties with your iPad, refer to the Quick Reference Guide for troubleshooting tips. If
you are not able to resolve the issue, AppleCare representatives can help troubleshoot your iPad and its
connection with iTunes. Apple technical support contact information and hours of operation are listed
in the Quick Reference Guide.
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Hardware service
This plan extends repair and replacement service from the Apple one-year warranty to up to two
years from your iPad purchase date. This plan also extends service coverage to the iPad battery when
its capacity to hold an electrical charge has depleted fifty percent (50%) or more from its original
specification.
Either the carry-in or direct mail-in service option may apply when you obtain service. Refer to the
Quick Reference Guide for additional details about obtaining service. The replacement equipment that
Apple provides as part of the repair or replacement service may be new or equivalent to new in both
performance and reliability.
1. From the original purchase date of your iPad.
2. See the enclosed AppleCare Protection Plan Terms and Conditions for complete details.
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AppleCare Protection Plan for iPad
Quick Reference Guide
Try these simple steps before contacting Apple for help.
If you experience problems with your iPad, try the troubleshooting steps below. As a precaution, back
up all content on the iPad, including photos, videos, contacts, calendar, notes, and any other files on
your iPad before you perform these steps.
1. Verify that you have the latest iTunes.
You can download the latest iTunes. Go to www.apple.com/uk/itunes/download or
www.apple.com/ie/itunes/download.
2. Visit the iPad Support website.
The iPad Support website has links to service option availability, iPad tutorial, Communities, and
other resources to answer various how-to questions. These are available 24 hours a day at
www.apple.com/uk/support/ipad or www.apple.com/ie/support/ipad.
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3. Contact Apple for more assistance.
If the steps in this guide do not resolve your issue, contact Apple. An Apple representative will ask
you for your AppleCare Protection Plan for iPad agreement number or your iPad serial number,
which is engraved on the back of your iPad.
UK Ireland
(44) 0844 209 0611 (353) 1850 946 191
Monday – Friday Monday – Friday
8:00 am – 7:45 pm 8:00 am – 7:45 pm
Saturday Saturday
10:00 am – 5:45 pm* 10:00 am – 5:45 pm*
* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and
international contact information at www.apple.com/contact/phone_contacts.html.
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AppleCare Protection Plan for iPad – Europe/Middle East/Africa
Terms and Conditions
How Consumer Rights Affect this Plan
FOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR
COUNTRIES, THE BENEFITS CONFERRED BY THE ABOVE-MENTIONED PLANS ARE IN ADDITION TO ALL
RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.
NONE OF THE TERMS OF THIS PLAN WILL BE DETRIMENTAL TO THE RIGHTS GRANTED TO CONSUMERS
BY APPLICABLE MANDATORY RULES, INCLUDING BUT NOT LIMITED TO THE RIGHT TO CLAIM FOR
THE APPLICATION OF THE REMEDIES SET FORTH BY WARRANTY RULES AND THE RIGHT TO CLAIM
FOR THE REIMBURSEMENTS OF DAMAGES IN CASE OF FULL OR PARTIAL BREACH OR NOT-CORRECT
FULFILLMENT BY APPLE OF ITS CONTRACTUAL OBLIGATIONS. FOR FURTHER INFORMATION PLEASE
REFER TO SECTION 12 (“Country Variation”) BELOW.
1. The Plan
This service contract governs the hardware service and technical support provided to you by
Apple Distribution International or its successor in title (“Apple”) under the above-mentioned plan
(the “Plan”) for the Apple branded product and the accessories contained in its original packaging
(“Covered Equipment”) listed on your proof of coverage document (“Plan Confirmation”).
2. When Coverage Begins and Ends
Coverage begins when you purchase the Plan and ends on the date specified in your Plan
Confirmation (“Coverage Period”). To obtain your Plan Confirmation register your Covered
Equipment and your Plan’s registration number (“Plan Agreement Number”) with Apple. If autoregistration is available, your sales receipt will be your Plan Confirmation. The terms of this Plan,
the original sales receipt for your Plan and the Plan Confirmation are each part of your service
contract. The price of the Plan is contained in the original sales receipt. The hardware service and
technical support coverage provided by the Plan is additional to the coverage provided by the
manufacturer’s hardware warranty and complimentary technical support.
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3. What is Covered?
3.1 Hardware Service
If during the Coverage Period, you submit a valid claim by notifying Apple that (i) a defect in
materials and workmanship has arisen in the Covered Equipment or, (ii) the capacity of the
Covered Equipment’s battery to hold an electrical charge has depleted fifty (50%) percent or
more from its original specifications, Apple will either (a) repair the defect at no charge, using
new or refurbished parts that are the equivalent to new in performance and reliability, or (b)
exchange the Covered Equipment with a replacement product that is new or equivalent to
new in performance and reliability and is functionally equivalent to the original product. If
Apple exchanges the Covered Equipment, the original product becomes Apple’s property and
the replacement product is your property, with coverage for the remaining period of the plan.
3.2 Covered Equipment
In addition to the Apple-branded product and accessories contained in the original packaging,
“Covered Equipment” includes an AirPort Extreme Card, an AirPort Express or AirPort Extreme
Base Station, and Time Capsule, if used with the Covered Equipment and originally purchased
by you no earlier than two years before the Covered Equipment purchase.
3.3 Technical Support
During the Coverage Period, Apple will provide you with access to telephone and web-based
technical support resources. Technical support may include assistance with installation,
launch, configuration, troubleshooting, and recovery (except for data recovery), including
storing, retrieving, and managing files; interpreting system error messages; and determining
when hardware service is required. Apple will provide support for the then-current version
of the supported software, and the prior Major Release. For purposes of this section, “Major
Release” means a significant version of software that is commercially released by Apple in a
release number format such as “1.0” or “2.0” and which is not in beta or pre-release form.
The scope of technical support provided to you will vary according to your Plan.
3.4 Scope of Technical Support
Under the Plan, Apple will provide technical support for the Covered Equipment, iPad OS
(“iOS”) and software applications that are pre-installed with the Covered Equipment (both
referred to as “Consumer Software”) and connectivity issues between the Covered Equipment
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and a “Supported Computer”, meaning a computer that meets the Covered Equipment’s
connectivity specifications.
4. What is not Covered?
4.1 Hardware Service
Apple may restrict service to the Covered Equipment’s original country of purchase. The Plan
does not apply to:
(i) Installation, removal or disposal of the Covered Equipment, or provision of equipment
while the Covered Equipment is being serviced;
(ii) Damage caused by (a) a product that is not the Covered Equipment, (b) accident,
abuse, misuse, liquid contact, fire, earthquake or other external causes, (c) operating
the Covered Equipment outside the permitted or intended uses described by the
manufacturer, or (d) service (including upgrades and expansions) performed by anyone
who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”);
(iii) Covered Equipment with a serial number that has been altered, defaced or removed, or
has been modified to alter its functionality or capability without the written permission
of the manufacturer;
(iv) Covered Equipment that has been lost or stolen. This Plan only covers Covered
Equipment that is returned to Apple in its entirety;
(v) Cosmetic damage to the Covered Equipment including but not limited to scratches,
dents and broken plastic on ports;
(vi) Preventative maintenance on the Covered Equipment; or
(vii) Defects caused by normal wear and tear or otherwise due to normal aging of the product;
4.2 Technical Support
The Plan does not include:
(i) Your use of the iOS and Consumer Software as server-based applications;
(ii) Issues that could be resolved by upgrading software to the then current version;
(iii) Third-party products or their effects on or interactions with the Covered Equipment,
the iOS or Consumer Software;
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(iv) Your use of a computer or operating system that is unrelated to Consumer Software
or connectivity issues with the Covered Equipment;
(v) Apple software other than the iOS or Consumer Software, as covered under the Plan;
(vi) iOS software or any Apple-branded software designated as “beta”, “prerelease,” or
“preview” or similarly labeled software; or
(vii) Damage to, or loss of any software or data residing or recorded on the Covered
Equipment. Recovery and reinstallation of software programs and user data are
not covered under this Plan.
5. How to Obtain Service and Support?
You may obtain hardware services and technical support by accessing the Apple website
(www.apple.com/support/country) or by calling Apple at the telephone number listed in the
Getting Started Guide. If calling, an Apple technical support representative will answer, request your
Plan Agreement Number or Covered Equipment serial number, before providing assistance. Keep
your Plan Confirmation document and the original sales receipt for your Covered Equipment and
your Plan, as it will be required if there is any question as to your product’s eligibility for coverage.
6. Hardware Service Options.
6.1 Apple will provide hardware services through one or more of the following options:
(i) Carry-in service. Return the Covered Equipment to an Apple-owned retail store or an AASP
location offering carry-in service. Service will be performed at the location, or the store
may send the Covered Equipment to an Apple repair service (“ARS”) location to be
repaired or replaced. Once you are notified that service is complete, you will promptly
retrieve the Covered Equipment.
(ii) Mail-in service. If Apple determines that your Covered Equipment is eligible for mail-in
service, Apple will send you prepaid way bills (and if you no longer have the original
packaging, Apple may send you packaging material) and you will ship the Covered
Equipment to an ARS location in accordance with Apple’s instructions. Once service is
complete, the ARS location will return the Covered Equipment or a replacement product
to you. Apple will pay for shipping to and from your location if all instructions are followed.
(iii) Express replacement or do-it-yourself (“DIY”) parts service. Express replacement is
available for certain Covered Equipment products, and DIY parts service is available for
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many Covered Equipment parts, allowing you to service your own product. If DIY parts
service is available in the circumstances, the following process will apply.
(a) Service where Apple requires return of the replaced product or part. Apple may
require a credit card authorization as security for the retail price of the replacement
product or part and applicable shipping costs. If you are unable to provide credit
card authorization, service may not be available to you and Apple will offer
alternative arrangements for service. Apple will ship a replacement product or
part to you with installation instructions, if applicable, and any requirements for
the return of the replaced product or part. If you follow the instructions, Apple will
cancel the credit card authorization, so you will not be charged for the product
or part and shipping to and from your location. If you fail to return the replaced
product or part as instructed or return a replaced product or part that is ineligible
for service, Apple will charge the credit card for the authorized amount.
(b) Service where Apple does not require return of the replaced product or part. Apple will
ship you free of charge a replacement product or part accompanied by instructions
on installation, if applicable, and any requirements for the disposal of the replaced
product or part.
(c) Apple is not responsible for any labor costs you incur relating to express replacement
or DIY parts service. Should you require further assistance, call Apple at the
telephone number listed in the Getting Started Guide.
6.2 Apple reserves the right to change the method by which Apple may provide repair or
replacement service to you, and your Covered Equipment’s eligibility to receive a particular
method of service. Service will be limited to the options available in the country where
service is requested. Service options, parts availability and response times may vary according
to country. You may be responsible for shipping and handling charges if the Covered
Equipment cannot be serviced in the country it is in. If you seek service in a country that is
not the country of purchase, you will comply with all applicable import and export laws and
regulations and be responsible for all custom duties, V.A.T. and other associated taxes and
charges. For international service, Apple may repair or exchange defective products and
parts with comparable products and parts that comply with local standards.
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7. Your Responsibilities
To receive service or support under the Plan, you agree to comply with the following:
(i) Provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase,
if requested;
(ii) Provide information about the symptoms and causes of the issues with the Covered
Equipment;
(iii) Respond to requests for information, including but not limited to the Covered Equipment
serial number, model, version of the operating system and software installed, any peripherals
devices connected or installed on the Covered Equipment, any error messages displayed,
actions taken before the Covered Equipment experienced the issue and steps taken to
resolve the issue;
(iv) Follow instructions Apple gives you, including but not limited to refraining from sending
Apple products and accessories that are not subject to repair or replacement service and
packing the Covered Equipment in accordance with shipping instructions;
(v) Update software to currently published releases prior to seeking service; and
(vi) Make sure to backup software and data residing on the Covered Equipment. DURING APP
FOR IPAD SERVICE, APPLE WILL DELETE THE CONTENTS OF THE IPAD AND REFORMAT THE
STORAGE MEDIA. Apple will return your iPad or provide a replacement iPad as the iPad was
originally configured, subject to applicable updates. Apple may install iOS updates as part
of hardware service that will prevent the iPad from reverting to an earlier version of the iOS.
Third party applications installed on the iPad may not be compatible or work with the iPad as
a result of the iOS update. You will be responsible for reinstalling all other software programs,
data and passwords.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS EMPLOYEES AND
AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER
FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF
RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE
TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR
ANTICIPATED SAVINGS, RESULTING FROM APPLE’S OBLIGATIONS UNDER THIS PLAN. TO THE
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MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF APPLE AND ITS EMPLOYEES
AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN
SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. APPLE SPECIFICALLY DOES NOT
WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK
TO OR LOSS OF PROGRAMS OR DATA, (ii) MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT
THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS
AGREEMENT SHALL EXCLUDE OR LIMIT APPLE’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY
CAUSED BY ITS NEGLIGENCE, OR (II) FRAUD.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION
LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL
RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT
THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, APPLE’S LIABILITY IS
LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY
OF THE SERVICE. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY THE
APPLICABLE MANDATORY LAWS, INCLUDING CONSUMER RIGHT TO SEEK FOR DAMAGES IN THE
EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE
OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
9. Cancellation
You may cancel this Plan at any time for any reason. If you decide to cancel this Plan, call Apple at
the telephone number listed in the Getting Started Guide, or send or fax written notice with your
Plan Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork,
Republic of Ireland (fax number: +353-(0)21-428-3917). A copy of the Plan’s original proof
of purchase must accompany your notice. Unless local law provides otherwise, if you cancel within
thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs
later, you will receive a full refund less the value of any service provided under the Plan. If you
cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund
of the original purchase price, based on the percentage of unexpired Coverage Period from the
Plan’s date of purchase, less (a) a cancellation fee listed in section 12 or ten percent (10%) of the
pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan.
Unless applicable local law provides otherwise, Apple may cancel this Plan for fraud or material
misrepresentation. Unless applicable local law provides otherwise, Apple may also cancel this Plan
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if service parts for the Covered Equipment become unavailable, upon thirty (30) days’ prior written
notice. If Apple cancels this Plan for the unavailability of service parts, you will receive a pro-rata
refund for the Plan’s unexpired term.
10. Transfer of Plan
(i) With Transfer of Covered Equipment to New Owner. Subject to the restrictions set forth below,
you may make a one-time permanent transfer of all of your rights under the Plan to another
party, provided that: (a) the transfer includes a copy of the Plan’s original proof of purchase,
the Plan’s Confirmation and all of the Plan’s packaging material, including printed materials
and these Terms and Conditions; (b) you notify Apple of the transfer by sending or faxing
notice of transfer to Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic
of Ireland, fax number +353-(0)21-428-3917, respectively, and (c) the party receiving the
Plan accepts the Terms and Conditions of the Plan. When notifying Apple of the transfer of
the Plan, you must provide the Plan Agreement Number, the serial number of the Covered
Equipment being transferred, a copy of the Plan’s original proof of purchase and the name,
address, telephone number and email address of the new owner.
(ii) With Transfer From Original Covered Equipment to New Covered Equipment. You may make a
one time, permanent transfer of the coverage under the Plan to a new Apple product that is
owned and purchased by you within thirty (30) days of the Covered Equipment purchase. The
new product must be eligible for coverage under the Plan and at the time of transfer both
products must be covered under the Apple one (1) year limited warranty. Apple will issue
a Plan Confirmation for the new product, which will then become the Covered Equipment.
When notifying Apple of the transfer, you must provide the Plan Agreement Number, the
serial numbers and Proof of Purchase of the products being transferred by sending or faxing,
where available, notice of transfer to Apple as set forth in the section immediately above.
11. General Terms
(i) Apple may subcontract or assign performance of its obligations to third parties but shall not
be relieved of its obligations to you in doing so.
(ii) Apple is not responsible for any failures or delays in performing under the Plan that are due
to events outside Apple’s reasonable control.
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(iii) You are not required to perform preventative maintenance on the Covered Equipment to
receive service under the Plan.
(iv) This Plan is offered and valid only if you are a resident of a country in which Apple or its
affiliated companies offers the Plan that are set forth here:
http://www.apple.com/legal/applecare/emeaipadcountrylist.html. This Plan is not offered to
persons who have not reached the age of majority. This Plan may not be available in all states
or provinces, and is not available where prohibited by law.
(v) In carrying out its obligations Apple may, at its discretion and solely for the purposes of
monitoring the quality of Apple’s response, record part or all of the calls between you and Apple.
(vi) You agree that any information or data disclosed to Apple under this Plan is not confidential
or proprietary to you. Furthermore, you agree that Apple may collect and process data on
your behalf when it provides service. This may include transferring your data to affiliated
companies or service providers in accordance with the Apple Customer Privacy Policy
available at the website listed below.
(vii) Apple has security measures, which should protect your data against unauthorized access
or disclosure as well as unlawful destruction. You will be responsible for the instructions
you give to Apple regarding the processing of data, and Apple will seek to comply with
those instructions as reasonably necessary for the performance of the service and support
obligations under the Plan. If you do not agree with the above or if you have questions
regarding how your data may be impacted by being processed in this way, call Apple at
the telephone number listed in the Getting Started Guide.
(viii) Apple will protect your information in accordance with Apple Customer Privacy Policy
available at URL www.apple.com/legal/warranty/privacy. If you wish to have access to the
information that Apple holds concerning you or if you want to make changes, access URL
www.apple.com/contact/myinfo to update your personal contact preferences or you may
contact Apple’s European data controller at privacyeurope@apple.com
(ix) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation,
prevail over any conflicting, additional, or other terms of any purchase order or other document,
and constitute your and Apple’s entire understanding with respect to the Plan.
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(x) You must purchase and register the Plan while your Apple-branded product is within Apple’s
One Year Limited warranty. Apple is not obligated to renew this Plan. If Apple does offer a
renewal, it will determine the price and terms.
(xi) There is no informal dispute settlement process available under this Plan.
(xii) The financial obligations of this Plan are backed by Apple Distribution International, Hollyhill
Industrial Estate, Hollyhill, Cork, Republic of Ireland. Should Apple Distribution International
fail to meet those obligations, Apple Operations Europe, HollyHill Industrial Estate, Hollyhill,
Cork, Ireland would assume such obligations.
(xiii) In the event any section or portion of a section of these terms and conditions are deemed
invalid, void or unenforceable, that section or portion of a section shall be severed from these
terms and conditions, and the remaining terms and conditions shall continue in full force and
effect.
(xiv) These terms and conditions shall be governed by and construed under the laws of the
country in which the Plan was purchased. This choice of law does not include the conflicts
of laws provisions thereof nor the UN Sales Convention.
(xv) There is no deductible payment due in respect of a claim made under this Plan.
(xvi) The Plan will not be cancelled due to pre-existing conditions in the Covered Equipment
that are eligible for service under the Plan.
12. Country Variations
The following country, province and state variations will control if inconsistent with any other
provisions of this Plan:
UNITED KINGDOM
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING PROVISIONS:
8.1 - Apple is not responsible for ensuring that the Plan is suitable for your required purpose.
8.2 - Nothing in these Terms and Conditions shall limit or exclude Apple’s liability (i) for death or
personal injury caused by its negligence or (ii) for fraud or (iii) any liability which cannot be
excluded by law.
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8.3 - Subject to clauses 8.2 and 8.4, Apple will not be liable whether in contract, tort (including
negligence) or otherwise for any loss or damage caused by it or its employees or agents
under and / or in connection with this Plan:
i) where such loss or damage is not a reasonably foreseeable result of any such breach; or
ii) for any increase in loss or damage resulting from breach by you of any term of this
Plan; or
iii) for any losses that relate to a business operated by you (including without limitation lost
data, lost profits or business interruption).
8.4 Subject to clause 8.2, if you are not a consumer, Apple’s maximum liability whether in contract,
tort (including negligence) or otherwise for any loss or damage caused by it or its employees
or agents under and / or in connection with this Plan shall be limited to a sum equivalent to
the amount which you paid Apple for the Plan.
8.5 – These terms and conditions do not affect your statutory rights as a consumer, nor your
right to cancel the Plan as per Section 9. For further information about your statutory rights
contact your local Trading Standards Department or Citizens’ Advice Bureau.
Section 9 - You have the right to cancel this Plan within forty-five (45) days of purchase and
receive a full refund unless you have received support or services under the Plan. After the 45-day
cancellation period, you may cancel the Plan at any time within the Plan’s term and obtain a pro
rata refund of the Plan’s original purchase price, based on the remaining period of full unexpired
months of cover provided by the Plan. If you have received service and support, the Plan will
continue in accordance with these Terms and Conditions.
Section 11 (ix) is replaced with the following:
If you are a consumer: These terms and conditions together with any previous written or oral
representations given or made by Apple or any representative of Apple constitute your and
Apple’s entire understanding with respect to the Plan. Such terms shall prevail over any conflicting,
additional, or other terms of any purchase order or other document submitted by you.
If you are not a consumer: The terms of the Plan, including the original sales receipt of the Plan
and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase
order or other document, and constitute your and Apple’s entire understanding with respect to
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the Plan. Any other warranties, conditions and / or terms which might otherwise be implied into
these terms and conditions are hereby excluded to the fullest extent permitted by law.
IRELAND
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
8.1- IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR
EXCLUDE OUR LIABILITY FOR BREACH OF ANY TERM IMPLIED BY STATUTE.
8.2 - IF YOU ARE NOT A CONSUMER:
- THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND
LIABILITIES IN RESPECT OF THE PLAN;
- THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND
- ANY WARRANTY, CONDITIONS OR OTHER TERM CONCERNING THE PLAN WHICH MIGHT
OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS AND CONDITIONS BY
STATUTE, COMMON LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED
TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) IS HEREBY
EXPRESSLY EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING
THAT THE PLAN IS SUITABLE FOR YOUR PURPOSES.
8.3 - NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
8.4 - SUBJECT TO CLAUSE 8.3, WE WILL NOT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR
ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY
OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE.
8.5- SUBJECT TO CLAUSE 8.3, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND
CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO US IN RESPECT OF
THE PLAN.
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Section 9 - If you cancel more than 30 days after your receipt of this Plan, you will receive a prorata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of
the pro-rata amount, whichever is less.
AUSTRIA
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
AN OBLIGATION FOR DAMAGES OF APPLE AS WELL AS OF ANY OF ITS EMPLOYEES OR AGENTS ON
THE BASIS OF A CONTRACT OR ON ANY OTHER BASIS WHATSOEVER ONLY EXISTS TO THE EXTENT
THAT SUCH DAMAGE HAS BEEN CAUSED DUE TO NEGLIGENCE OR WILFULL INTENT. APPLE WILL
UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF EXPECTED BUT NOT
REALISED OPPORTUNITIES, INDIRECT DAMAGES OR CONSEQUENTIAL DAMAGES, DAMAGES TO
DATA OR DAMAGES ARISING FROM THIRD PARTIES’ CLAIMS. THE AFOREGOING SHALL NOT APPLY
TO DEATH OR PERSONAL INJURY CLAIMS.
Section 9 - If you cancel more than 30 days after your receipt of this Plan, you will receive a prorata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of
the pro-rata amount, whichever is less.
BELGIUM
Section 9:
The cancellation fee referred to in section 9 (applicable in case you cancel more than 30 days after
your receipt of the Plan) amounts to €25.00 or 10 per cent of the pro-rata amount, whichever is less.
DENMARK
Section 8:
Section 8 (Limitation of liability) is supplemented by the following provision:
The limitation of liability set forth in section 8 shall not apply to losses and/or damages that have
been caused by wilful or grossly negligent acts. This complies whether or not such liability is
based on contract or any other theory.
Mandatory liability under the Product Liability Act is not affected by the limitation of liability
mentioned in section 8.
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Section 9:
Section 9 is supplemented by the following provision:
a) If you are a consumer and you have entered this Plan through the Apple Online Store
web site or through another distance contract (e.g. over the phone), you may cancel the
Plan within 14 days following your purchase of the Plan, or the receipt of these Terms and
Conditions, whichever occurs later, and you will receive a full refund of the purchase price in
accordance with the Consumers Contract Act.
b) If you cancel your purchase more than 30 days after your receipt of this Plan, but no later than
6 months after the purchase , you will receive a pro-rata refund of the purchase price, less a
cancellation fee of DKK 180 or 10 per cent of the pro-rata refund, whichever amount is less.
c) If you cancel your purchase after the above-mentioned 6 months period you will receive
a pro-rata refund of the purchase price but will not be charged any cancellation fee in
accordance with the Danish Act on Certain Consumer Contracts.
Provided that in all cases (a) - (c ) the value of any services provided prior to cancellation shall be
deducted from any refund due.
FINLAND
Section 8 - If you are a consumer, nothing in this Plan shall limit or exclude Apple’s liability for any
breach of legislation. Nothing in this Plan shall limit the statutory rights of consumers.
If you are not a consumer:
- this Plan sets out the full extent of Apple’s obligations and liabilities in respect of the supply of
products (and performance of telephone support and warranty services) and performance of any
services; - there are no warranties, conditions or other terms that are binding on Apple except as
expressly stated in this Plan; and - any warranty, condition or other term concerning products or
services which might otherwise be implied into or incorporated in this Plan by statute, common
law, laws applicable in the country where you purchased the Plan or otherwise (including
without limitation any implied term as to quality, fitness for purpose, reasonable care and skill)
is hereby expressly excluded to the maximum extent permitted by law. In particular, Apple will
not be responsible for ensuring that the Plan is suitable for your purposes. Nothing in this Plan
shall limit or exclude Apple’s liability for death or personal injury caused by our negligence or
for fraud. Subject to above Apple will not be liable under this Plan for any loss of income, loss of
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profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any
kind howsoever arising and whether caused by tort (including negligence), breach of contract
or otherwise. Subject to above Apple’s maximum aggregate liability under this Plan whether in
contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount
payable by you to us in respect of the product(s) and/or services in question.
Section 9: If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata
refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the
pro-rata amount, whichever is less.
If you are a consumer and you have entered this Plan through the Apple Store web site or
through another distance contract (e.g., through the Apple Store web site or by phone), you
may cancel the Plan within fourteen days following your purchase of the Plan, or receipt of a
confirmation of purchase stating, inter alia, your cancellation rights, whichever occurs later and
you will receive a full refund.
FRANCE
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
8.1- IF YOU ARE A CONSUMER, NOTHING IN THE PLAN SHALL LIMIT OR EXCLUDE OUR LIABILITY
FOR BREACH OF ANY TERM IMPLIED BY MANDATORY CONSUMER LAWS AND, MORE
GENERALLY, ANY RIGHTS YOU MAY HAVE UNDER MANDATORY CONSUMER LAWS.
8.2 - IF YOU ARE NOT A CONSUMER:
- THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND
LIABILITIES IN RESPECT OF THE PLAN;
- THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND
- ANY OTHER WARRANTY AND/OR OBLIGATION CONCERNING THE PLAN WHICH WE MIGHT
BORN PURSUANT TO LAW (INCLUDING ANY IMPLIED TERM AS TO CARE AND SKILL) IS HEREBY
EXPRESSLY EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING
THAT THE PLAN IS SUITABLE FOR YOUR PURPOSES.
8.3 - NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR
DEATH OR PERSONAL INJURY FOR WHICH WE WOULD BE FOUND RESPONSIBLE, FOR FRAUD
(DOL) OR FOR WILFUL MISCONDUCT (FAUTE LOURDE).
English
23
8.4 - SUBJECT TO CLAUSES 8.1 AND 8.3, WE WILL NOT BE LIABLE UNDER THESE TERMS AND
CONDITIONS FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF OPPORTUNITIES, LOSS
OF DATA OR FOR ANY OTHER INDIRECT LOSS.
8.5- SUBJECT TO CLAUSES 8.1 AND 8.3, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS
AND CONDITIONS SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID IN RESPECT
OF THE PLAN.
Section 9 – Section 9 is completed and amended as follows:
If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund
of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the pro-rata
amount, whichever is less.
If you are a consumer and have purchased the Plan by way of a “distance selling” technique, as per
French consumer laws, you have the right, in accordance with Articles L.121-20 and L.121-20-1 of
the French Consumer code, to cancel the Plan without charge during a period of 7 days following
your purchase of the Plan (or such longer period as is expressly provided, in specific circumstances,
by the said Articles of the French Consumer code). All amounts you have paid for the Plan will be
reimbursed to you. However, should supply of the services under the Plan have begun with your
consent prior to expiry of the said 7-day period, the aforementioned cancellation right shall not
be applicable. After the said 7-day cancellation period in the event it is applicable or at any time
should supply of the services have begun with your consent prior to expiry of the said period, as
per the above, your cancellation rights shall be as set out in Section 9 (Cancellation), as the same is
completed by this Section 12 (Country Variations).
Section 11 – Section 11 is completed and amended as follows:
Duration of this Plan is indicated in the Plan Confirmation.
If you are a consumer and have purchased the Plan by way of a “distance selling” technique, as per
French consumer laws, paragraph (ii) of Section 11 (General Terms) is replaced with the following:
Apple is not responsible for any failures or delays in performing under the Plan that are due to
(i) you, (ii) an unforeseeable and insuperable action or omission of a third party or (iii) a force
majeure event.
Moreover, in accordance with French law, apart from this Plan, and if applicable, Apple provides
consumers a guarantee for defects of conformity (Articles L.211-1 et seq. of the French Consumer
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code) and for hidden defects under the conditions stated in Articles 1641 to 1649 of the French
Civil code.
In accordance with Article L.211-15 of the French Consumer code, the following Articles apply to
consumers and are here below reproduced in their entirety (as translated by Apple):
Article L.211-4 of the French Consumer code: “The seller must deliver a good which conforms
to the contract and will be liable for defects of conformity existing at the time of delivery. The
seller will also be liable for defects of conformity resulting from the packing, the instructions for
assembly or the installation when the seller was in charge of installation pursuant to the contract
or when the said installation is carried out under the seller’s responsibility”.
Article L.211-5 of the French Consumer code: “To be conform to the contract, the good must:
1° Be fit for the purpose for which a good of the same type is normally used and, if applicable:
- comply with the description given by the seller and possess the qualities which the seller has
held out to the buyer as a sample or model;
- have the qualities which the buyer can legitimately expect, taking into account the public
statements made by the seller, the producer or its representative, including in advertising or on
labelling;
2° Or have the features defined by mutual agreement of the parties or be fit for any special use
sought by the buyer, made known to the seller and which the seller has accepted.”
Article L.211-12 of the French Consumer code: ”Legal action based on defect of conformity lapses
two years after delivery of the good.”
Article 1641 of the French Civil code: “The Seller is bound by a warranty on account of the hidden
defects of the good sold that render it unfit for the use for which it was intended, or that so
reduce the said use, that the buyer would not have acquired the good, or would have offered a
lower price for it, had they been known to him.”
Article 1648 par. 1 of the French Civil code: “Legal action based on redhibitory defects must be
introduced by the buyer within a period of two years following the discovery of the defect.”
For these terms and conditions, including the aforementioned extracts of the French Consumer
and Civil codes, in French, please go to http://www.apple.com/legal/warranty/.
English
25
GERMANY
SECTION 6.2 - SECTION 6.2 IS REPLACED BY THE FOLLOWING:
6.2 Apple reserves the right to change the method by which Apple may provide repair or
replacement service to you, and your Covered Equipment’s eligibility to receive a particular
method of service. Such changes will not have a negative impact on your rights or mitigate your
rights under the Plan. Service will be limited to the options available in the country where service
is requested. The options for Germany are detailed at www.apple.com/de/support. Service options,
parts availability and response times may vary according to country. You may be responsible for
shipping and handling charges if the Covered Equipment is outside the country of purchase and
cannot be serviced in the country it is in. If you seek service in a country that is not the country
of purchase, you will comply with all applicable import and export laws and regulations and be
responsible for all custom duties, V.A.T. and other associated taxes and charges. For international
service, Apple may repair or exchange defective products and parts with comparable products
and parts that comply with local standards.
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
THE BENEFITS CONFERRED BY THE PLAN ARE IN ADDITION TO ANY STATUTORY RIGHTS OR CLAIMS
IN THE EVENT OF DEFECTS IN WORKMANSHIP OR TITLE OF THE COVERED EQUIPMENT AND DO
NOT RESTRICT SUCH RIGHTS. YOUR RIGHTS IN THE EVENT OF ANY DEFECTS IN WORKMANSHIP OR
TITLE OF DELIVERABLES UNDER THE PLAN ARE GOVERNED BY STATUTORY LAW AND LIMITED AS
FOLLOWS: IF YOU DO NOT ACT AS A “CONSUMER” WITHIN THE MEANING OF SECTION 13 GERMAN
CIVIL CODE (I.E. A CUSTOMER PURCHASING THE PLAN FOR A PURPOSE OUTSIDE THE SCOPE OF
ITS TRADE, BUSINESS OR INDEPENDENT PROFESSION), BUT AS AN “ENTREPRENEUR” WITHIN THE
MEANING OF SECTION 14 GERMAN CIVIL CODE THE LIMITATION PERIOD SHALL BE ONE YEAR FROM
RECEIPT OF THE PRODUCTS OR SERVICES.
ANY LIABILITY IN DAMAGES BASED ON ANY LEGAL THEORY SHALL BE SUBJECT TO THE
FOLLOWING LIMITATION:
(I) APPLE’S LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE, IRRESPECTIVE OF ITS
LEGAL GROUND, SHALL BE LIMITED AS FOLLOWS:
(A) APPLE SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR
THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS;
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English
(B) APPLE SHALL NOT BE LIABLE DUE TO A SLIGHTLY NEGLIGENT BREACH OF ANY OTHER
DUTY OF CARE APPLICABLE.
(II) THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY
STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY UNDER THE GERMAN PRODUCT LIABILITY
ACT (PRODUKTHAFTUNGSGESETZ), AND LIABILITY FOR CULPABLY CAUSED INJURIES OF LIFE,
BODY OR HEALTH. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND
TO THE EXTENT APPLE HAS ASSUMED A SPECIFIC GUARANTEE.
(III) SUBSECTIONS (I) AND (II) SHALL APPLY ACCORDINGLY TO APPLE ’S LIABILITY FOR FUTILE
EXPENSES.
(IV) THE AFORESAID LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO THE LIABILITY OF APPLE’S
EMPLOYEES AND AGENTS.
(V) THE FOREGOING SHALL NOT AFFECT ANY SHIFT IN A BURDEN OF PROOF TO YOUR
DISADVANTAGE.
Section 9 – Section 9 is replaced by the following:
You may cancel this Plan at any time for any reason. If you decide to cancel either call Apple at the
telephone number listed in the Getting Started Guide, or send or fax written notice with your Plan
Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic
of Ireland (fax number: +353-(0)21-428-3917). A copy of the Plan’s original proof of purchase must
accompany your notice. If you cancel within thirty (30) days of your Plan’s purchase, or receipt of
these Terms and Conditions, whichever occurs later, you will receive a full refund less the value
of any service provided under the Plan. If you cancel more than 30 days after your receipt of
this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, based on the
percentage of unexpired Coverage Period from the Plan’s date of purchase, less (a) a cancellation
fee of €25.00 or ten per cent (10%) of the pro-rata amount, whichever is less, and (b) the value
of any service provided to you under the plan. Apple may cancel this Plan for fraud or material
misrepresentation.
Section 11.v to 11.vii - Section 11.v to 11.vii shall not apply to any personal data collected or
processed by Apple through an establishment of Apple in Germany. Where legally required, Apple
will separately ask you for your consent with regard to such data.
English
27
HUNGARY
This contract is a service contract. This service contract does not qualify as a contractual guarantee.
The purpose of this service contract is not to provide remedy for defective performance, but to
provide the services described herein.
If you qualify as a consumer under the applicable laws, the service contract does not affect your
statutory rights what you have under the mandatory laws, and your statutory guarantee rights
and your warranty rights. Depending on the rights you have, you are free to decide whether you
request services under this service contract or you exercise your guarantee or warranty right. If you
have different rights in respect of Apple, it is your responsibility to describe which right you intend
to exercise.
The services regulated herein are provided by Apple, as described in the Plan. Regardless, whether
you qualify as a consumer or not, under this service contract, you are only entitled to enforce
those rights what this service contract expressly provides to you. Apple is only liable to perform
those claims which it receives under the service contact and in line with the above.
Section 8 is supplemented by the following provision:
In order to avoid any misunderstandings, the liability of Apple is not excluded for damages
caused intentionally, with gross negligence or by committing crime, or for causing death, personal
injury or damage to health, or for tort, as regulated by law. However, Apple’s liability is limited as
described herein. In the absence of the restriction and/or limitation of liability, Apple would not
provide the Plan. You acknowledge that the benefits stemming from the Plan provide appropriate
compensation for the limitation and/or restriction of Apple’s liability hereunder.
Section 9 is supplemented by the following provision:
If you are a consumer and you have entered this Plan through the Apple Store web site, through the
phone or by concluding a distance contract in any other manner, you may cancel this Plan within
8 business days upon the conclusion of this Plan (if according to the applicable law, Apple has to
provide you with a written statement, if the above is not provided, within 8 business days from the
receipt of the above, but not later than 3 months from the conclusion of this Plan). In this case, you
will receive a full refund. However, if upon your request, Apple has started to provide you the service
hereunder within the above period, you are not entitled to cancel the Plan in the manner set out
above; you are entitled to terminate it in line with the provisions of this service contract.
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English
Section 11 (v) is replaced by the following provision:
In carrying out its obligations Apple may, at its discretion and solely for the purposes of monitoring
the quality of Apple’s response, record part or all of the calls between you and Apple, provided that
Apple has informed you about the above and acquired your consent.
Section 11 (vi) is replaced by the following provision:
You agree that any information or data disclosed to Apple under this Plan is not confidential or
proprietary to you. You hereby voluntary consent to the collection, processing and transfer of your
personal data for the purposes of this Plan, as described herein and in the Apple Privacy Policy.
This may include transferring your data to affiliated companies or service providers located in
countries where data protection laws may be less comprehensive than those in your country of
residence, including but not limited to Australia, Canada, countries of the European Union, India,
Japan, the People’s Republic of China and the U.S.
ITALY
AppleCare Protection Plan benefits are in addition to rights provided by consumer protection laws
in your jurisdiction.
Under articles 128-135 of the Legislative Decree n. 206 6 September 2005 (Consumer Code), Italian
consumers have up to 26 months to claim against the seller that a product was defective when
delivered. Defects apparent in the first 6 months, are presumed to have existed at delivery. A
consumer making a claim under the Consumer Code may contact an Apple Authorized Service
Provider to assess if a defect existed at delivery.
Section 8 a. If you are a consumer, nothing in these Terms and Conditions shall limit or exclude Apple’s
liability in case of violation of the legislation applicable to the Plan.
b. If you are not a consumer:
(i) these terms and conditions set out the full extent of our obligations and liabilities in
respect of the services under this Plan;
(ii) there are no warranties, conditions or other terms that are binding on Apple except as
expressly stated in the Plan;
English
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