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Apple Canada Inc.

EDUCATION NATIONAL STANDING OFFER

Terms & Conditions of Sale

SCOPE.

Apple Canada Inc. (“Apple”) sells Apple products to, among

others, non-profit institutional purchasers. As a condition of ordering
any of the Apple product shown on the opposite page, the party ordering
product (“Education Buyer” or “Buyer”) represents and warrants to
Apple that it (and any other related party approved by Apple as an
eligible purchaser) is a non-profit institutional purchaser.

If Education Buyer has any current purchase agreement with Apple (e.g.
an Apple Authorized Higher Education Reseller Sales Agreement, or
similar agreement), then the terms and conditions of such agreement
shall apply to sales of product. If no such current agreement with Apple
exists, then the terms and conditions contained herein (“Terms &
Conditions of Sale”) shall apply to all quotations made and contracts of
sale entered into between Apple and Buyer, and Buyer shall be deemed
to have accepted these Terms & Conditions of Sale by placing with
Apple an order for Apple product whether by purchase order or online.

ELIGIBLE BUYER.

By purchasing under these Terms & Conditions

of Sale, Buyer represents and warrants that Buyer is aware of and meets
all of the criteria established by Apple to be an eligible purchaser. To
purchase from Apple’s Education Purchase Program (“EPP”) Price List,
an eligible purchaser includes only non-profit educational institutional
buyers who are provincially accredited and who issue degrees or
diplomas, including school districts and their public and separate school
systems, Boards of Education, provincial universities and colleges, and
community, vocational and technical colleges. Apple reserves complete
discretion in making all eligibility determinations.

PRICE.

Prices shall be as set forth on the applicable Confidential EPP

Price List in effect on the date the Buyer’s order is accepted by Apple.
Prices include freight and insurance using an Apple-selected carrier.

TAXES.

All applicable sales and/or use taxes, duties and other imposts,

if any, due on account of purchases hereunder shall be paid by Buyer.
Proof of tax exempt status must be on file at Apple for any order to be
treated as a tax exempt transaction.

MINIMUM ORDER REQUIREMENT.

Apple may, without prior

notice to Buyer, establish minimum requirements for the volume of
Product ordered at one
time, and may establish handling charges for orders that fall below such
minimum order levels.

TITLE AND DELIVERY.

(a) Apple reserves the right to accept or

reject, in whole or in part, any order submitted by Buyer.
(b) Title and risk of loss to all Product will pass to Buyer upon shipment
from Apple’s shipping location. For Products shipped pursuant to
Apple's standard practices in all but the last week of every Apple fiscal
quarter during the term of this Agreement, Apple will issue credits or
replace Products returned due to damage in transit or that are lost in
transit.For Products shipped pursuant to Apple’s standard practices in
the last week of every Apple fiscal quarter during the term of this
Agreement, Apple will not issue credits or replace Products returned due
to damage in transit or that are lost in transit. Instead, Apple will
provide third-party insurance for damaged or lost Products with Buyer
named as the loss payee. When not shipping Products pursuant to
Apple’s standard practices but instead shipping via a carrier selected by
Buyer, Apple will not issue credits or replace Products returned due to
damage in transit or that are lost in transit.

(c) Apple will use reasonable efforts to ship according to Buyer’s

request, but will not be responsible or liable for any failure to do so or
any failure to meet a proposed delivery date. Should orders for
product(s) exceed Apple’s available inventory, Apple will allocate its
available inventory and make deliveries (including partial shipments) in
its sole discretion and without liability.

PAYMENT.

(a) All orders shall be prepaid by Buyer, unless credit is

first extended by Apple.

(b) If credit is extended by Apple, Buyer shall be invoiced upon
shipment of product and Buyer shall pay each invoice no later than
THIRTY (30) DAYS from the date of invoice. Upon Apple’s request,
Buyer shall provide financial statements to Apple. Apple reserves the
right to change credit terms at any time, for any reason, without prior
notice. Time of payment is of the essence. All payments shall be in
Canadian funds.

(c) If in the judgment of Apple, the financial condition of Buyer at any
time does not justify delivery on the terms of payment above specified,
Apple may require full or partial payment in advance. If Buyer becomes
insolvent, or bankruptcy or other debtor’s relief proceedings are
instituted by or against Buyer, or Buyer makes an assignment for the
benefit of its creditors or is unable to meet its obligations as they come
due, any such event shall be deemed a material default hereunder,
entitling Apple to cease performance under these Terms & Conditions of
Sale and to avail itself of all legal and equitable remedies it may have
against Buyer.

DEFAULTS.

In the event of any default by Buyer, Apple may decline

to make further shipments without in any way affecting its rights under
these Terms & Conditions of Sale. The due date of all Apple invoices
shall be accelerated so that they become due and payable immediately,
even if longer terms had been provided previously. If despite any default
by Buyer, Apple elects to continue to make shipments, Apple’s action
shall not constitute a waiver of any default by Buyer or in any way
affect Apple’s legal remedies as a result of any such default.

RETURNS (RMA’s).

Please note that Apple only permits the return of

unopened products due to
an Apple shipping or order processing error and that all other sales are
final. All requests for return must be approved by Apple’s Sales
Support
Organization. Product damaged in transit or shipping errors should be
reported immediately to Apple. Product requiring repairs should be
directed
to an authorized Apple Service Provider unless you are a Self-Servicing
Customer. Product deemed dead on arrival (“DOA”) may be returned
without a
restocking fee. An RMA number must be obtained from Apple within
ten (10)
days of receipt for any product being returned. Product must be returned
to
Apple within thirty (30) days of an RMA number being issued. Please
refer to
Apple’s Sales Support Organization for full details regarding RMA
policy.

SHORTAGES, DEFECTIVE OR INCORRECT PRODUCTS.

All

claims for shortages, defective or incorrect products must be filed by
Buyer with Apple within ten (10) days of receipt of shipment.

SOFTWARE RIGHTS.

(a) Buyer acknowledges that Apple products

often contain not only hardware but also software. Software may be
provided on separate media, such as CD-ROM, or may be included