Apple 2007 Annual Report Download - page 155

11. Electronic Delivery and Acceptance . The Company may, in its sole discretion, deliver any documents related to the Award by
electronic means or request the Participant's consent to participate in the Plan by electronic means. The Participant hereby consents to receive all
applicable documentation by electronic delivery and to participate in the Plan through an on-line (and/or voice activated) system established and
maintained by the Company or a third party vendor designated by the Company.
12. Data Privacy . The Participant acknowledges and consents to the collection, use, processing and transfer of personal data as
described in this Section 12. The Company, its related entities, and the Participant's employer hold certain personal information about the
Participant, including the Participant's name, home address and telephone number, date of birth, social security number or other employee
identification number, salary, nationality, job title, any Shares or directorships held in the Company, details of all options or any other
entitlement to Shares awarded, canceled, purchased, vested, unvested or outstanding in the Participant's favor, for the purpose of managing and
administering the Plan (" Data "). The Company and its related entities may transfer Data amongst themselves as necessary for the purpose of
implementation, administration and management of the Participant's participation in the Plan, and the Company and its related entities may each
further transfer Data to any third parties assisting the Company or any such related entity in the implementation, administration and management
of the Plan. The Participant acknowledges that the transferors and transferees of such Data may be located anywhere in the world and hereby
authorizes each of them to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing,
administering and managing the Participant's participation in the Plan, including any transfer of such Data as may be required for the
administration of the Plan and/or the subsequent holding of Shares on the Participant's behalf to a broker or to other third party with whom the
Participant may elect to deposit any Shares acquired under the Plan (whether pursuant to the Award or otherwise).
13. Notices . Any notice to be given under the terms of this Agreement shall be in writing and addressed to the Company at its
principal office to the attention of the Secretary, and to the Participant at the Participant's last address reflected on the Company's records, or at
such other address as either party may hereafter designate in writing to the other. Any such notice shall be given only when received, but if the
Participant is no longer an employee of the Company, shall be deemed to have been duly given by the Company when enclosed in a properly
sealed envelope addressed as aforesaid, registered or certified, and deposited (postage and registry or certification fee prepaid) in a post office or
branch post office regularly maintained by the United States Government.
14. Plan .
The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of
the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant
acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in
other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Committee do not (and shall not
be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the
Board or the Committee so conferred by appropriate action of the Board or the Committee under the Plan after the date hereof.
15. Entire Agreement . This Agreement and the Plan together constitute the entire agreement and supersede all prior understandings
and agreements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this Agreement may be amended
pursuant to Section 15 of the Plan. Such amendment must be in writing and signed by the Company. The Company may, however, unilaterally
waive any provision hereof in writing to the extent such waiver does not adversely affect the interests of the Participant hereunder, but no such
waiver shall operate as or be construed to be a subsequent waiver of the same provision or a waiver of any other provision hereof.
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