Commerce Légale

iPHONE 4S IMPORTANT PRODUCT INFORMATION GUIDE ANALYSIS

By Amanda De Almeida – 7795228

Submitted to Professor Gilles Le Vasseur

for the course

Business Law

(ADM3360 B)

University of Ottawa

December 5, 2016

TABLE OF CONTENTS

EXECUTIVE SUMMARY        3

INTRODUCTION        4

EXPLANATION OF CLAUSES        6

Important Safety and Handling Information        6

FCC Compliance Statement        16

Canadian Compliance Statement        16

European Union Regulatory Conformance        17

EU Declaration of Conformity        17

iPhone Terms and Conditions        17

Apple INC. iOS Software License Agreement        17

LEGAL CONCEPTS        27

RECOMMENDATIONS        32

APPLICATION OF THE AGREEMENT        34

EXECUTIVE SUMMARY

It is absolutely critical that the user fully understands the terms provided in the iPhone 4S Important Information User Guide if he or she intends to avoid legal action that occurs when there is a violation. Software developers aggressively enforce these dues and limitations as these contracts are the only legal instruments used to protect their intellectual ability and creativity. Despite that the safety and handling information are not behaviours required by law, the user will benefit immensely by conceding to the advices.

The iOS Software License Agreements provides detailed guidelines on business issues which include but not limited to permitted license uses and restrictions, the transfer of software, the consent to use data, disclaimer of warranties, liability etc. This essentially deals with key legal elements that are found in a business environment and that entities who own copyrighted material must consider in the pursuit of any operations. A thorough analysis of these terms reveals that the device may not be suitable for demographics for which its respective recommendation is explained next sections.

INTRODUCTION

Apple INC. is American company that was established in 1976 and now develops and sells consumer electronics, computer software and online services. It dominates the global technology industry, maintaining over 478 retail stores and operating the online Apple Store and iTunes Store.

A software license is a contract that provides rules for the parties entering into the license agreement. It outlines the conditions under which the product can be used and serves to protect the copyrights and licenses of the proprietor. The purpose of this report to analyze the iPhone 4S Important Information User Guide and to relate its content to business law elements covered in class. It examines and provides a clear and meaningful explanation for the all Safety and Handling Information as well as the for the terms described in the iOS Software License Agreement. It covers a diverse range of subjects such as the protection of physical components of the device, accessories, medical warnings and restrictions, liabilities, disclaimers of warranties, the use of data etc. Five recommendations are then proposed based on personal interpretation of the clauses. Finally, the terms are applied to a situation that involves a breach of contract and shows the procedures that are followed to to remedy the damage.

Many ethical issues can arise in rapidly growing markets such that deal with intellectual property.

Despite that standards of ethical conduct exist, some individuals and companies are relentless and will stop at no ends to obtain information that may further their own developments. However, it is important to respect the knowledge and creativity of each person. Apple INC. acknowledges this in the face of these concerns and thus aims to promote a business culture that is founded on moral principles. The company also enforces these honest standards through the iOS Software License Agreement. Apple INC. implements policies intended to prevent the infringement of rights owned and licensed by the company, and expects that iOS Device and Software users will comply. This problem is especially present at the corporate level. The company recently suspected that Windows violated their copyrights because the design of its operating system resembled to that Macintosh GUI.

This report was completed in 7 steps. First, I obtained the iPhone 4S Important Information user guide from one of my many previous iPhone boxes. It appears that Apple INC. ceased to provide paper copies of the policy after the iPhone 4S for it was the most recent version that I could find. I then proceeded to study the clauses as I wanted to have a complete understanding of the license’s content before I started on the other sections. This section took the most time as the terms were very lengthy and contained a lot of information is not relevant to the average user. Following that, I consulted my class notes and identified the legal concepts that applied to this specific license. I transferred its definition to the section provided in this report and found examples in the list of terms that it was related to. Once this was complete, I considered options for a scenario that would call into action many terms of the license. I settled one that dealt with intellectual property and copyrights. Considering the details of the case, the litigation process was used to settle the issue and remedy the damage. I then created an introduction which presents the topics that are discussed within the report. Finally, I briefly summarized the reports and included footnotes. I assumed that I was restricted to the materials that were explicitly discussed in class and therefore hardly relied on sources other than what was elaborated upon in class or in the textbook. I will admit that the report was more time-consuming than I expected it to be; however, I did enjoy writing it.

EXPLANATION OF CLAUSES

Important Safety and Handling Information

The policy states that the user is exposed to the risk of fire, electronic shock or other injury or damage to the device or other property if he or she does not concede to the safety instructions provided in the guide.

Carrying and Handling iPhone

The individual parts contained within the device are very sensitive and can be severally impacted if manipulated recklessly. The user should not drop, disassemble or paint the device, nor should he or she place it under extreme heat such as in a microwave or near a fire. In the event that one of the recited accidents occurs or other situations in which physical damage is caused to the device, the user should refrain from operating the device.

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