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- APPLE PUBLIC SOURCE LICENSE
- Version 2.0 - August 6, 2003
- Please read this License carefully before downloading this software.
- By downloading or using this software, you are agreeing to be bound by
- the terms of this License. If you do not or cannot agree to the terms
- of this License, please do not download or use the software.
- 1. General; Definitions. This License applies to any program or other
- work which Apple Computer, Inc. ("Apple") makes publicly available and
- which contains a notice placed by Apple identifying such program or
- work as "Original Code" and stating that it is subject to the terms of
- this Apple Public Source License version 2.0 ("License"). As used in
- this License:
- 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
- the grantor of rights, (i) claims of patents that are now or hereafter
- acquired, owned by or assigned to Apple and (ii) that cover subject
- matter contained in the Original Code, but only to the extent
- necessary to use, reproduce and/or distribute the Original Code
- without infringement; and (b) in the case where You are the grantor of
- rights, (i) claims of patents that are now or hereafter acquired,
- owned by or assigned to You and (ii) that cover subject matter in Your
- Modifications, taken alone or in combination with Original Code.
- 1.2 "Contributor" means any person or entity that creates or
- contributes to the creation of Modifications.
- 1.3 "Covered Code" means the Original Code, Modifications, the
- combination of Original Code and any Modifications, and/or any
- respective portions thereof.
- 1.4 "Externally Deploy" means: (a) to sublicense, distribute or
- otherwise make Covered Code available, directly or indirectly, to
- anyone other than You; and/or (b) to use Covered Code, alone or as
- part of a Larger Work, in any way to provide a service, including but
- not limited to delivery of content, through electronic communication
- with a client other than You.
- 1.5 "Larger Work" means a work which combines Covered Code or portions
- thereof with code not governed by the terms of this License.
- 1.6 "Modifications" mean any addition to, deletion from, and/or change
- to, the substance and/or structure of the Original Code, any previous
- Modifications, the combination of Original Code and any previous
- Modifications, and/or any respective portions thereof. When code is
- released as a series of files, a Modification is: (a) any addition to
- or deletion from the contents of a file containing Covered Code;
- and/or (b) any new file or other representation of computer program
- statements that contains any part of Covered Code.
- 1.7 "Original Code" means (a) the Source Code of a program or other
- work as originally made available by Apple under this License,
- including the Source Code of any updates or upgrades to such programs
- or works made available by Apple under this License, and that has been
- expressly identified by Apple as such in the header file(s) of such
- work; and (b) the object code compiled from such Source Code and
- originally made available by Apple under this License.
- 1.8 "Source Code" means the human readable form of a program or other
- work that is suitable for making modifications to it, including all
- modules it contains, plus any associated interface definition files,
- scripts used to control compilation and installation of an executable
- (object code).
- 1.9 "You" or "Your" means an individual or a legal entity exercising
- rights under this License. For legal entities, "You" or "Your"
- includes any entity which controls, is controlled by, or is under
- common control with, You, where "control" means (a) the power, direct
- or indirect, to cause the direction or management of such entity,
- whether by contract or otherwise, or (b) ownership of fifty percent
- (50%) or more of the outstanding shares or beneficial ownership of
- such entity.
- 2. Permitted Uses; Conditions & Restrictions. Subject to the terms
- and conditions of this License, Apple hereby grants You, effective on
- the date You accept this License and download the Original Code, a
- world-wide, royalty-free, non-exclusive license, to the extent of
- Apple's Applicable Patent Rights and copyrights covering the Original
- Code, to do the following:
- 2.1 Unmodified Code. You may use, reproduce, display, perform,
- internally distribute within Your organization, and Externally Deploy
- verbatim, unmodified copies of the Original Code, for commercial or
- non-commercial purposes, provided that in each instance:
- (a) You must retain and reproduce in all copies of Original Code the
- copyright and other proprietary notices and disclaimers of Apple as
- they appear in the Original Code, and keep intact all notices in the
- Original Code that refer to this License; and
- (b) You must include a copy of this License with every copy of Source
- Code of Covered Code and documentation You distribute or Externally
- Deploy, and You may not offer or impose any terms on such Source Code
- that alter or restrict this License or the recipients' rights
- hereunder, except as permitted under Section 6.
- 2.2 Modified Code. You may modify Covered Code and use, reproduce,
- display, perform, internally distribute within Your organization, and
- Externally Deploy Your Modifications and Covered Code, for commercial
- or non-commercial purposes, provided that in each instance You also
- meet all of these conditions:
- (a) You must satisfy all the conditions of Section 2.1 with respect to
- the Source Code of the Covered Code;
- (b) You must duplicate, to the extent it does not already exist, the
- notice in Exhibit A in each file of the Source Code of all Your
- Modifications, and cause the modified files to carry prominent notices
- stating that You changed the files and the date of any change; and
- (c) If You Externally Deploy Your Modifications, You must make
- Source Code of all Your Externally Deployed Modifications either
- available to those to whom You have Externally Deployed Your
- Modifications, or publicly available. Source Code of Your Externally
- Deployed Modifications must be released under the terms set forth in
- this License, including the license grants set forth in Section 3
- below, for as long as you Externally Deploy the Covered Code or twelve
- (12) months from the date of initial External Deployment, whichever is
- longer. You should preferably distribute the Source Code of Your
- Externally Deployed Modifications electronically (e.g. download from a
- web site).
- 2.3 Distribution of Executable Versions. In addition, if You
- Externally Deploy Covered Code (Original Code and/or Modifications) in
- object code, executable form only, You must include a prominent
- notice, in the code itself as well as in related documentation,
- stating that Source Code of the Covered Code is available under the
- terms of this License with information on how and where to obtain such
- Source Code.
- 2.4 Third Party Rights. You expressly acknowledge and agree that
- although Apple and each Contributor grants the licenses to their
- respective portions of the Covered Code set forth herein, no
- assurances are provided by Apple or any Contributor that the Covered
- Code does not infringe the patent or other intellectual property
- rights of any other entity. Apple and each Contributor disclaim any
- liability to You for claims brought by any other entity based on
- infringement of intellectual property rights or otherwise. As a
- condition to exercising the rights and licenses granted hereunder, You
- hereby assume sole responsibility to secure any other intellectual
- property rights needed, if any. For example, if a third party patent
- license is required to allow You to distribute the Covered Code, it is
- Your responsibility to acquire that license before distributing the
- Covered Code.
- 3. Your Grants. In consideration of, and as a condition to, the
- licenses granted to You under this License, You hereby grant to any
- person or entity receiving or distributing Covered Code under this
- License a non-exclusive, royalty-free, perpetual, irrevocable license,
- under Your Applicable Patent Rights and other intellectual property
- rights (other than patent) owned or controlled by You, to use,
- reproduce, display, perform, modify, sublicense, distribute and
- Externally Deploy Your Modifications of the same scope and extent as
- Apple's licenses under Sections 2.1 and 2.2 above.
- 4. Larger Works. You may create a Larger Work by combining Covered
- Code with other code not governed by the terms of this License and
- distribute the Larger Work as a single product. In each such instance,
- You must make sure the requirements of this License are fulfilled for
- the Covered Code or any portion thereof.
- 5. Limitations on Patent License. Except as expressly stated in
- Section 2, no other patent rights, express or implied, are granted by
- Apple herein. Modifications and/or Larger Works may require additional
- patent licenses from Apple which Apple may grant in its sole
- discretion.
- 6. Additional Terms. You may choose to offer, and to charge a fee for,
- warranty, support, indemnity or liability obligations and/or other
- rights consistent with the scope of the license granted herein
- ("Additional Terms") to one or more recipients of Covered Code.
- However, You may do so only on Your own behalf and as Your sole
- responsibility, and not on behalf of Apple or any Contributor. You
- must obtain the recipient's agreement that any such Additional Terms
- are offered by You alone, and You hereby agree to indemnify, defend
- and hold Apple and every Contributor harmless for any liability
- incurred by or claims asserted against Apple or such Contributor by
- reason of any such Additional Terms.
- 7. Versions of the License. Apple may publish revised and/or new
- versions of this License from time to time. Each version will be given
- a distinguishing version number. Once Original Code has been published
- under a particular version of this License, You may continue to use it
- under the terms of that version. You may also choose to use such
- Original Code under the terms of any subsequent version of this
- License published by Apple. No one other than Apple has the right to
- modify the terms applicable to Covered Code created under this
- License.
- 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
- part pre-release, untested, or not fully tested works. The Covered
- Code may contain errors that could cause failures or loss of data, and
- may be incomplete or contain inaccuracies. You expressly acknowledge
- and agree that use of the Covered Code, or any portion thereof, is at
- Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
- WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
- APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
- PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
- ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
- NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
- MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
- PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
- PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
- INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
- FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
- THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
- ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
- ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
- AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
- You acknowledge that the Covered Code is not intended for use in the
- operation of nuclear facilities, aircraft navigation, communication
- systems, or air traffic control machines in which case the failure of
- the Covered Code could lead to death, personal injury, or severe
- physical or environmental damage.
- 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
- EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
- SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
- TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
- ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
- TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
- APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
- REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
- TO YOU. In no event shall Apple's total liability to You for all
- damages (other than as may be required by applicable law) under this
- License exceed the amount of fifty dollars ($50.00).
- 10. Trademarks. This License does not grant any rights to use the
- trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
- "QuickTime", "QuickTime Streaming Server" or any other trademarks,
- service marks, logos or trade names belonging to Apple (collectively
- "Apple Marks") or to any trademark, service mark, logo or trade name
- belonging to any Contributor. You agree not to use any Apple Marks in
- or as part of the name of products derived from the Original Code or
- to endorse or promote products derived from the Original Code other
- than as expressly permitted by and in strict compliance at all times
- with Apple's third party trademark usage guidelines which are posted
- at http://www.apple.com/legal/guidelinesfor3rdparties.html.
- 11. Ownership. Subject to the licenses granted under this License,
- each Contributor retains all rights, title and interest in and to any
- Modifications made by such Contributor. Apple retains all rights,
- title and interest in and to the Original Code and any Modifications
- made by or on behalf of Apple ("Apple Modifications"), and such Apple
- Modifications will not be automatically subject to this License. Apple
- may, at its sole discretion, choose to license such Apple
- Modifications under this License, or on different terms from those
- contained in this License or may choose not to license them at all.
- 12. Termination.
- 12.1 Termination. This License and the rights granted hereunder will
- terminate:
- (a) automatically without notice from Apple if You fail to comply with
- any term(s) of this License and fail to cure such breach within 30
- days of becoming aware of such breach;
- (b) immediately in the event of the circumstances described in Section
- 13.5(b); or
- (c) automatically without notice from Apple if You, at any time during
- the term of this License, commence an action for patent infringement
- against Apple; provided that Apple did not first commence
- an action for patent infringement against You in that instance.
- 12.2 Effect of Termination. Upon termination, You agree to immediately
- stop any further use, reproduction, modification, sublicensing and
- distribution of the Covered Code. All sublicenses to the Covered Code
- which have been properly granted prior to termination shall survive
- any termination of this License. Provisions which, by their nature,
- should remain in effect beyond the termination of this License shall
- survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
- 12.2 and 13. No party will be liable to any other for compensation,
- indemnity or damages of any sort solely as a result of terminating
- this License in accordance with its terms, and termination of this
- License will be without prejudice to any other right or remedy of
- any party.
- 13. Miscellaneous.
- 13.1 Government End Users. The Covered Code is a "commercial item" as
- defined in FAR 2.101. Government software and technical data rights in
- the Covered Code include only those rights customarily provided to the
- public as defined in this License. This customary commercial license
- in technical data and software is provided in accordance with FAR
- 12.211 (Technical Data) and 12.212 (Computer Software) and, for
- Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
- Commercial Items) and 227.7202-3 (Rights in Commercial Computer
- Software or Computer Software Documentation). Accordingly, all U.S.
- Government End Users acquire Covered Code with only those rights set
- forth herein.
- 13.2 Relationship of Parties. This License will not be construed as
- creating an agency, partnership, joint venture or any other form of
- legal association between or among You, Apple or any Contributor, and
- You will not represent to the contrary, whether expressly, by
- implication, appearance or otherwise.
- 13.3 Independent Development. Nothing in this License will impair
- Apple's right to acquire, license, develop, have others develop for
- it, market and/or distribute technology or products that perform the
- same or similar functions as, or otherwise compete with,
- Modifications, Larger Works, technology or products that You may
- develop, produce, market or distribute.
- 13.4 Waiver; Construction. Failure by Apple or any Contributor to
- enforce any provision of this License will not be deemed a waiver of
- future enforcement of that or any other provision. Any law or
- regulation which provides that the language of a contract shall be
- construed against the drafter will not apply to this License.
- 13.5 Severability. (a) If for any reason a court of competent
- jurisdiction finds any provision of this License, or portion thereof,
- to be unenforceable, that provision of the License will be enforced to
- the maximum extent permissible so as to effect the economic benefits
- and intent of the parties, and the remainder of this License will
- continue in full force and effect. (b) Notwithstanding the foregoing,
- if applicable law prohibits or restricts You from fully and/or
- specifically complying with Sections 2 and/or 3 or prevents the
- enforceability of either of those Sections, this License will
- immediately terminate and You must immediately discontinue any use of
- the Covered Code and destroy all copies of it that are in your
- possession or control.
- 13.6 Dispute Resolution. Any litigation or other dispute resolution
- between You and Apple relating to this License shall take place in the
- Northern District of California, and You and Apple hereby consent to
- the personal jurisdiction of, and venue in, the state and federal
- courts within that District with respect to this License. The
- application of the United Nations Convention on Contracts for the
- International Sale of Goods is expressly excluded.
- 13.7 Entire Agreement; Governing Law. This License constitutes the
- entire agreement between the parties with respect to the subject
- matter hereof. This License shall be governed by the laws of the
- United States and the State of California, except that body of
- California law concerning conflicts of law.
- Where You are located in the province of Quebec, Canada, the following
- clause applies: The parties hereby confirm that they have requested
- that this License and all related documents be drafted in English. Les
- parties ont exige que le present contrat et tous les documents
- connexes soient rediges en anglais.
- EXHIBIT A.
- "Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
- Reserved.
- This file contains Original Code and/or Modifications of Original Code
- as defined in and that are subject to the Apple Public Source License
- Version 2.0 (the 'License'). You may not use this file except in
- compliance with the License. Please obtain a copy of the License at
- http://www.opensource.apple.com/apsl/ and read it before using this
- file.
- The Original Code and all software distributed under the License are
- distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
- EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
- INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
- Please see the License for the specific language governing rights and
- limitations under the License."
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