APPLE_LICENSE 19 KB

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  1. APPLE PUBLIC SOURCE LICENSE
  2. Version 2.0 - August 6, 2003
  3. Please read this License carefully before downloading this software.
  4. By downloading or using this software, you are agreeing to be bound by
  5. the terms of this License. If you do not or cannot agree to the terms
  6. of this License, please do not download or use the software.
  7. 1. General; Definitions. This License applies to any program or other
  8. work which Apple Computer, Inc. ("Apple") makes publicly available and
  9. which contains a notice placed by Apple identifying such program or
  10. work as "Original Code" and stating that it is subject to the terms of
  11. this Apple Public Source License version 2.0 ("License"). As used in
  12. this License:
  13. 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
  14. the grantor of rights, (i) claims of patents that are now or hereafter
  15. acquired, owned by or assigned to Apple and (ii) that cover subject
  16. matter contained in the Original Code, but only to the extent
  17. necessary to use, reproduce and/or distribute the Original Code
  18. without infringement; and (b) in the case where You are the grantor of
  19. rights, (i) claims of patents that are now or hereafter acquired,
  20. owned by or assigned to You and (ii) that cover subject matter in Your
  21. Modifications, taken alone or in combination with Original Code.
  22. 1.2 "Contributor" means any person or entity that creates or
  23. contributes to the creation of Modifications.
  24. 1.3 "Covered Code" means the Original Code, Modifications, the
  25. combination of Original Code and any Modifications, and/or any
  26. respective portions thereof.
  27. 1.4 "Externally Deploy" means: (a) to sublicense, distribute or
  28. otherwise make Covered Code available, directly or indirectly, to
  29. anyone other than You; and/or (b) to use Covered Code, alone or as
  30. part of a Larger Work, in any way to provide a service, including but
  31. not limited to delivery of content, through electronic communication
  32. with a client other than You.
  33. 1.5 "Larger Work" means a work which combines Covered Code or portions
  34. thereof with code not governed by the terms of this License.
  35. 1.6 "Modifications" mean any addition to, deletion from, and/or change
  36. to, the substance and/or structure of the Original Code, any previous
  37. Modifications, the combination of Original Code and any previous
  38. Modifications, and/or any respective portions thereof. When code is
  39. released as a series of files, a Modification is: (a) any addition to
  40. or deletion from the contents of a file containing Covered Code;
  41. and/or (b) any new file or other representation of computer program
  42. statements that contains any part of Covered Code.
  43. 1.7 "Original Code" means (a) the Source Code of a program or other
  44. work as originally made available by Apple under this License,
  45. including the Source Code of any updates or upgrades to such programs
  46. or works made available by Apple under this License, and that has been
  47. expressly identified by Apple as such in the header file(s) of such
  48. work; and (b) the object code compiled from such Source Code and
  49. originally made available by Apple under this License.
  50. 1.8 "Source Code" means the human readable form of a program or other
  51. work that is suitable for making modifications to it, including all
  52. modules it contains, plus any associated interface definition files,
  53. scripts used to control compilation and installation of an executable
  54. (object code).
  55. 1.9 "You" or "Your" means an individual or a legal entity exercising
  56. rights under this License. For legal entities, "You" or "Your"
  57. includes any entity which controls, is controlled by, or is under
  58. common control with, You, where "control" means (a) the power, direct
  59. or indirect, to cause the direction or management of such entity,
  60. whether by contract or otherwise, or (b) ownership of fifty percent
  61. (50%) or more of the outstanding shares or beneficial ownership of
  62. such entity.
  63. 2. Permitted Uses; Conditions & Restrictions. Subject to the terms
  64. and conditions of this License, Apple hereby grants You, effective on
  65. the date You accept this License and download the Original Code, a
  66. world-wide, royalty-free, non-exclusive license, to the extent of
  67. Apple's Applicable Patent Rights and copyrights covering the Original
  68. Code, to do the following:
  69. 2.1 Unmodified Code. You may use, reproduce, display, perform,
  70. internally distribute within Your organization, and Externally Deploy
  71. verbatim, unmodified copies of the Original Code, for commercial or
  72. non-commercial purposes, provided that in each instance:
  73. (a) You must retain and reproduce in all copies of Original Code the
  74. copyright and other proprietary notices and disclaimers of Apple as
  75. they appear in the Original Code, and keep intact all notices in the
  76. Original Code that refer to this License; and
  77. (b) You must include a copy of this License with every copy of Source
  78. Code of Covered Code and documentation You distribute or Externally
  79. Deploy, and You may not offer or impose any terms on such Source Code
  80. that alter or restrict this License or the recipients' rights
  81. hereunder, except as permitted under Section 6.
  82. 2.2 Modified Code. You may modify Covered Code and use, reproduce,
  83. display, perform, internally distribute within Your organization, and
  84. Externally Deploy Your Modifications and Covered Code, for commercial
  85. or non-commercial purposes, provided that in each instance You also
  86. meet all of these conditions:
  87. (a) You must satisfy all the conditions of Section 2.1 with respect to
  88. the Source Code of the Covered Code;
  89. (b) You must duplicate, to the extent it does not already exist, the
  90. notice in Exhibit A in each file of the Source Code of all Your
  91. Modifications, and cause the modified files to carry prominent notices
  92. stating that You changed the files and the date of any change; and
  93. (c) If You Externally Deploy Your Modifications, You must make
  94. Source Code of all Your Externally Deployed Modifications either
  95. available to those to whom You have Externally Deployed Your
  96. Modifications, or publicly available. Source Code of Your Externally
  97. Deployed Modifications must be released under the terms set forth in
  98. this License, including the license grants set forth in Section 3
  99. below, for as long as you Externally Deploy the Covered Code or twelve
  100. (12) months from the date of initial External Deployment, whichever is
  101. longer. You should preferably distribute the Source Code of Your
  102. Externally Deployed Modifications electronically (e.g. download from a
  103. web site).
  104. 2.3 Distribution of Executable Versions. In addition, if You
  105. Externally Deploy Covered Code (Original Code and/or Modifications) in
  106. object code, executable form only, You must include a prominent
  107. notice, in the code itself as well as in related documentation,
  108. stating that Source Code of the Covered Code is available under the
  109. terms of this License with information on how and where to obtain such
  110. Source Code.
  111. 2.4 Third Party Rights. You expressly acknowledge and agree that
  112. although Apple and each Contributor grants the licenses to their
  113. respective portions of the Covered Code set forth herein, no
  114. assurances are provided by Apple or any Contributor that the Covered
  115. Code does not infringe the patent or other intellectual property
  116. rights of any other entity. Apple and each Contributor disclaim any
  117. liability to You for claims brought by any other entity based on
  118. infringement of intellectual property rights or otherwise. As a
  119. condition to exercising the rights and licenses granted hereunder, You
  120. hereby assume sole responsibility to secure any other intellectual
  121. property rights needed, if any. For example, if a third party patent
  122. license is required to allow You to distribute the Covered Code, it is
  123. Your responsibility to acquire that license before distributing the
  124. Covered Code.
  125. 3. Your Grants. In consideration of, and as a condition to, the
  126. licenses granted to You under this License, You hereby grant to any
  127. person or entity receiving or distributing Covered Code under this
  128. License a non-exclusive, royalty-free, perpetual, irrevocable license,
  129. under Your Applicable Patent Rights and other intellectual property
  130. rights (other than patent) owned or controlled by You, to use,
  131. reproduce, display, perform, modify, sublicense, distribute and
  132. Externally Deploy Your Modifications of the same scope and extent as
  133. Apple's licenses under Sections 2.1 and 2.2 above.
  134. 4. Larger Works. You may create a Larger Work by combining Covered
  135. Code with other code not governed by the terms of this License and
  136. distribute the Larger Work as a single product. In each such instance,
  137. You must make sure the requirements of this License are fulfilled for
  138. the Covered Code or any portion thereof.
  139. 5. Limitations on Patent License. Except as expressly stated in
  140. Section 2, no other patent rights, express or implied, are granted by
  141. Apple herein. Modifications and/or Larger Works may require additional
  142. patent licenses from Apple which Apple may grant in its sole
  143. discretion.
  144. 6. Additional Terms. You may choose to offer, and to charge a fee for,
  145. warranty, support, indemnity or liability obligations and/or other
  146. rights consistent with the scope of the license granted herein
  147. ("Additional Terms") to one or more recipients of Covered Code.
  148. However, You may do so only on Your own behalf and as Your sole
  149. responsibility, and not on behalf of Apple or any Contributor. You
  150. must obtain the recipient's agreement that any such Additional Terms
  151. are offered by You alone, and You hereby agree to indemnify, defend
  152. and hold Apple and every Contributor harmless for any liability
  153. incurred by or claims asserted against Apple or such Contributor by
  154. reason of any such Additional Terms.
  155. 7. Versions of the License. Apple may publish revised and/or new
  156. versions of this License from time to time. Each version will be given
  157. a distinguishing version number. Once Original Code has been published
  158. under a particular version of this License, You may continue to use it
  159. under the terms of that version. You may also choose to use such
  160. Original Code under the terms of any subsequent version of this
  161. License published by Apple. No one other than Apple has the right to
  162. modify the terms applicable to Covered Code created under this
  163. License.
  164. 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
  165. part pre-release, untested, or not fully tested works. The Covered
  166. Code may contain errors that could cause failures or loss of data, and
  167. may be incomplete or contain inaccuracies. You expressly acknowledge
  168. and agree that use of the Covered Code, or any portion thereof, is at
  169. Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
  170. WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
  171. APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
  172. PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
  173. ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
  174. NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
  175. MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
  176. PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
  177. PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
  178. INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
  179. FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
  180. THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
  181. ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
  182. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
  183. AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
  184. You acknowledge that the Covered Code is not intended for use in the
  185. operation of nuclear facilities, aircraft navigation, communication
  186. systems, or air traffic control machines in which case the failure of
  187. the Covered Code could lead to death, personal injury, or severe
  188. physical or environmental damage.
  189. 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
  190. EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
  191. SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
  192. TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
  193. ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
  194. TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
  195. APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
  196. DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
  197. REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
  198. INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
  199. TO YOU. In no event shall Apple's total liability to You for all
  200. damages (other than as may be required by applicable law) under this
  201. License exceed the amount of fifty dollars ($50.00).
  202. 10. Trademarks. This License does not grant any rights to use the
  203. trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
  204. "QuickTime", "QuickTime Streaming Server" or any other trademarks,
  205. service marks, logos or trade names belonging to Apple (collectively
  206. "Apple Marks") or to any trademark, service mark, logo or trade name
  207. belonging to any Contributor. You agree not to use any Apple Marks in
  208. or as part of the name of products derived from the Original Code or
  209. to endorse or promote products derived from the Original Code other
  210. than as expressly permitted by and in strict compliance at all times
  211. with Apple's third party trademark usage guidelines which are posted
  212. at http://www.apple.com/legal/guidelinesfor3rdparties.html.
  213. 11. Ownership. Subject to the licenses granted under this License,
  214. each Contributor retains all rights, title and interest in and to any
  215. Modifications made by such Contributor. Apple retains all rights,
  216. title and interest in and to the Original Code and any Modifications
  217. made by or on behalf of Apple ("Apple Modifications"), and such Apple
  218. Modifications will not be automatically subject to this License. Apple
  219. may, at its sole discretion, choose to license such Apple
  220. Modifications under this License, or on different terms from those
  221. contained in this License or may choose not to license them at all.
  222. 12. Termination.
  223. 12.1 Termination. This License and the rights granted hereunder will
  224. terminate:
  225. (a) automatically without notice from Apple if You fail to comply with
  226. any term(s) of this License and fail to cure such breach within 30
  227. days of becoming aware of such breach;
  228. (b) immediately in the event of the circumstances described in Section
  229. 13.5(b); or
  230. (c) automatically without notice from Apple if You, at any time during
  231. the term of this License, commence an action for patent infringement
  232. against Apple; provided that Apple did not first commence
  233. an action for patent infringement against You in that instance.
  234. 12.2 Effect of Termination. Upon termination, You agree to immediately
  235. stop any further use, reproduction, modification, sublicensing and
  236. distribution of the Covered Code. All sublicenses to the Covered Code
  237. which have been properly granted prior to termination shall survive
  238. any termination of this License. Provisions which, by their nature,
  239. should remain in effect beyond the termination of this License shall
  240. survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
  241. 12.2 and 13. No party will be liable to any other for compensation,
  242. indemnity or damages of any sort solely as a result of terminating
  243. this License in accordance with its terms, and termination of this
  244. License will be without prejudice to any other right or remedy of
  245. any party.
  246. 13. Miscellaneous.
  247. 13.1 Government End Users. The Covered Code is a "commercial item" as
  248. defined in FAR 2.101. Government software and technical data rights in
  249. the Covered Code include only those rights customarily provided to the
  250. public as defined in this License. This customary commercial license
  251. in technical data and software is provided in accordance with FAR
  252. 12.211 (Technical Data) and 12.212 (Computer Software) and, for
  253. Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
  254. Commercial Items) and 227.7202-3 (Rights in Commercial Computer
  255. Software or Computer Software Documentation). Accordingly, all U.S.
  256. Government End Users acquire Covered Code with only those rights set
  257. forth herein.
  258. 13.2 Relationship of Parties. This License will not be construed as
  259. creating an agency, partnership, joint venture or any other form of
  260. legal association between or among You, Apple or any Contributor, and
  261. You will not represent to the contrary, whether expressly, by
  262. implication, appearance or otherwise.
  263. 13.3 Independent Development. Nothing in this License will impair
  264. Apple's right to acquire, license, develop, have others develop for
  265. it, market and/or distribute technology or products that perform the
  266. same or similar functions as, or otherwise compete with,
  267. Modifications, Larger Works, technology or products that You may
  268. develop, produce, market or distribute.
  269. 13.4 Waiver; Construction. Failure by Apple or any Contributor to
  270. enforce any provision of this License will not be deemed a waiver of
  271. future enforcement of that or any other provision. Any law or
  272. regulation which provides that the language of a contract shall be
  273. construed against the drafter will not apply to this License.
  274. 13.5 Severability. (a) If for any reason a court of competent
  275. jurisdiction finds any provision of this License, or portion thereof,
  276. to be unenforceable, that provision of the License will be enforced to
  277. the maximum extent permissible so as to effect the economic benefits
  278. and intent of the parties, and the remainder of this License will
  279. continue in full force and effect. (b) Notwithstanding the foregoing,
  280. if applicable law prohibits or restricts You from fully and/or
  281. specifically complying with Sections 2 and/or 3 or prevents the
  282. enforceability of either of those Sections, this License will
  283. immediately terminate and You must immediately discontinue any use of
  284. the Covered Code and destroy all copies of it that are in your
  285. possession or control.
  286. 13.6 Dispute Resolution. Any litigation or other dispute resolution
  287. between You and Apple relating to this License shall take place in the
  288. Northern District of California, and You and Apple hereby consent to
  289. the personal jurisdiction of, and venue in, the state and federal
  290. courts within that District with respect to this License. The
  291. application of the United Nations Convention on Contracts for the
  292. International Sale of Goods is expressly excluded.
  293. 13.7 Entire Agreement; Governing Law. This License constitutes the
  294. entire agreement between the parties with respect to the subject
  295. matter hereof. This License shall be governed by the laws of the
  296. United States and the State of California, except that body of
  297. California law concerning conflicts of law.
  298. Where You are located in the province of Quebec, Canada, the following
  299. clause applies: The parties hereby confirm that they have requested
  300. that this License and all related documents be drafted in English. Les
  301. parties ont exige que le present contrat et tous les documents
  302. connexes soient rediges en anglais.
  303. EXHIBIT A.
  304. "Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
  305. Reserved.
  306. This file contains Original Code and/or Modifications of Original Code
  307. as defined in and that are subject to the Apple Public Source License
  308. Version 2.0 (the 'License'). You may not use this file except in
  309. compliance with the License. Please obtain a copy of the License at
  310. http://www.opensource.apple.com/apsl/ and read it before using this
  311. file.
  312. The Original Code and all software distributed under the License are
  313. distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
  314. EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
  315. INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
  316. FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
  317. Please see the License for the specific language governing rights and
  318. limitations under the License."