Apple 2003 Annual Report Download - page 118

Download and view the complete annual report

Please find page 118 of the 2003 Apple annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 164

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164

21.9 The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
21.10 Each IBM Product is manufactured from new, or new and used parts. In some cases, the Product may not be new and may have been
previously installed. Regardless of the Product’s production status, IBM’s warranty terms and conditions apply. Where a type of service
involves the exchange of a Product or part, the replacement may not be new, but will be in good working order.
21.11 Publicity and Corporate Communications. Neither party will issue or authorize any press release or publicity regarding the
Agreement or its subject matter without the other’s prior written approval, with the following limited exceptions: (i) Apple will publicly
announce no later than January 2003 that it is committed to PowerPC as its strategic platform and that IBM will continue to be a strategic
supplier, (ii) Apple may make warranties or representations regarding the Products on its own behalf provided they are consistent with those
made by IBM or supported by Apple’s own test results or analysis, and (iii) Apple may market systems containing the Products, and make
representations and warranties on its own behalf about the performance of the Products in those systems. This provision is not intended to limit
either party’s right to disclose this Agreement or the relationship of the parties to regulatory agencies or as otherwise required by law.
21.12 This Agreement is not intended to and does not benefit any party except IBM (including the Plant) and Apple (including its
Authorized Purchasers).
21.13 Neither party will have the power, and will not hold itself out as having the power, to act for or in the name of or to bind the other
party.
21.14 Senior-Level Communications. Apple’s CEO and IBM’s Sr. VP, Technology Group or their designees or successors will meet at
least once each quarter to have an open and frank discussion on the state of the relationship, including any changes in direction. The parties
acknowledge that the schedules of these individuals can be difficult to coordinate, and for that reason the parties agree that a failure to meet
during a particular quarter will not constitute a breach of this Agreement.
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed
separately with the Securities and Exchange Commission.