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1 | |||
2 | APPLE PUBLIC SOURCE LICENSE | ||
3 | Version 1.0 - March 16, 1999 | ||
4 | |||
5 | Please read this License carefully before downloading this software. | ||
6 | By downloading and using this software, you are agreeing to be bound by | ||
7 | the terms of this License. If you do not or cannot agree to the terms | ||
8 | of this License, please do not download or use the software. | ||
9 | |||
10 | 1. General; Definitions. This License applies to any program or other | ||
11 | work which Apple Computer, Inc. ("Apple") publicly announces as | ||
12 | subject to this Apple Public Source License and which contains a | ||
13 | notice placed by Apple identifying such program or work as "Original | ||
14 | Code" and stating that it is subject to the terms of this Apple Public | ||
15 | Source License version 1.0 (or subsequent version thereof), as it may | ||
16 | be revised from time to time by Apple ("License"). As used in this | ||
17 | License: | ||
18 | |||
19 | 1.1 "Applicable Patents" mean: (a) in the case where Apple is the | ||
20 | grantor of rights, (i) patents or patent applications that are now | ||
21 | or hereafter acquired, owned by or assigned to Apple and (ii) whose | ||
22 | claims cover subject matter contained in the Original Code, but only | ||
23 | to the extent necessary to use, reproduce and/or distribute the | ||
24 | Original Code without infringement; and (b) in the case where You | ||
25 | are the grantor of rights, (i) patents and patent applications that | ||
26 | are now or hereafter acquired, owned by or assigned to You and (ii) | ||
27 | whose claims cover subject matter in Your Modifications, taken alone | ||
28 | or in combination with Original Code. | ||
29 | |||
30 | 1.2 "Covered Code" means the Original Code, Modifications, the | ||
31 | combination of Original Code and any Modifications, and/or any | ||
32 | respective portions thereof. | ||
33 | |||
34 | 1.3 "Deploy" means to use, sublicense or distribute Covered Code other | ||
35 | than for Your internal research and development (R&D), and includes | ||
36 | without limitation, any and all internal use or distribution of | ||
37 | Covered Code within Your business or organization except for R&D use, | ||
38 | as well as direct or indirect sublicensing or distribution of Covered | ||
39 | Code by You to any third party in any form or manner. | ||
40 | |||
41 | 1.4 "Larger Work" means a work which combines Covered Code or portions | ||
42 | thereof with code not governed by the terms of this License. | ||
43 | |||
44 | 1.5 "Modifications" mean any addition to, deletion from, and/or change | ||
45 | to, the substance and/or structure of Covered Code. When code is | ||
46 | released as a series of files, a Modification is: (a) any addition to | ||
47 | or deletion from the contents of a file containing Covered Code; | ||
48 | and/or (b) any new file or other representation of computer program | ||
49 | statements that contains any part of Covered Code. | ||
50 | |||
51 | 1.6 "Original Code" means the Source Code of a program or other work | ||
52 | as originally made available by Apple under this License, including | ||
53 | the Source Code of any updates or upgrades to such programs or works | ||
54 | made available by Apple under this License, and that has been | ||
55 | expressly identified by Apple as such in the header file(s) of such | ||
56 | work. | ||
57 | |||
58 | 1.7 "Source Code" means the human readable form of a program or other | ||
59 | work that is suitable for making modifications to it, including all | ||
60 | modules it contains, plus any associated interface definition files, | ||
61 | scripts used to control compilation and installation of an executable | ||
62 | (object code). | ||
63 | |||
64 | 1.8 "You" or "Your" means an individual or a legal entity exercising | ||
65 | rights under this License. For legal entities, "You" or "Your" | ||
66 | includes any entity which controls, is controlled by, or is under | ||
67 | common control with, You, where "control" means (a) the power, direct | ||
68 | or indirect, to cause the direction or management of such entity, | ||
69 | whether by contract or otherwise, or (b) ownership of fifty percent | ||
70 | (50%) or more of the outstanding shares or beneficial ownership of | ||
71 | such entity. | ||
72 | |||
73 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms | ||
74 | and conditions of this License, Apple hereby grants You, effective on | ||
75 | the date You accept this License and download the Original Code, a | ||
76 | world-wide, royalty-free, non-exclusive license, to the extent of | ||
77 | Apple`s Applicable Patents and copyrights covering the Original | ||
78 | Code, to do the following: | ||
79 | |||
80 | 2.1 You may use, copy, modify and distribute Original Code, with or | ||
81 | without Modifications, solely for Your internal research and | ||
82 | development, provided that You must in each instance: | ||
83 | |||
84 | (a) retain and reproduce in all copies of Original Code the copyright | ||
85 | and other proprietary notices and disclaimers of Apple as they appear | ||
86 | in the Original Code, and keep intact all notices in the Original Code | ||
87 | that refer to this License; | ||
88 | |||
89 | (b) include a copy of this License with every copy of Source Code of | ||
90 | Covered Code and documentation You distribute, and You may not offer | ||
91 | or impose any terms on such Source Code that alter or restrict this | ||
92 | License or the recipients` rights hereunder, except as permitted under | ||
93 | Section 6; and | ||
94 | |||
95 | (c) completely and accurately document all Modifications that you have | ||
96 | made and the date of each such Modification, designate the version of | ||
97 | the Original Code you used, prominently include a file carrying such | ||
98 | information with the Modifications, and duplicate the notice in | ||
99 | Exhibit A in each file of the Source Code of all such Modifications. | ||
100 | |||
101 | 2.2 You may Deploy Covered Code, provided that You must in each | ||
102 | instance: | ||
103 | |||
104 | (a) satisfy all the conditions of Section 2.1 with respect to the | ||
105 | Source Code of the Covered Code; | ||
106 | |||
107 | (b) make all Your Deployed Modifications publicly available in Source | ||
108 | Code form via electronic distribution (e.g. download from a web site) | ||
109 | under the terms of this License and subject to the license grants set | ||
110 | forth in Section 3 below, and any additional terms You may choose to | ||
111 | offer under Section 6. You must continue to make the Source Code of | ||
112 | Your Deployed Modifications available for as long as you Deploy the | ||
113 | Covered Code or twelve (12) months from the date of initial | ||
114 | Deployment, whichever is longer; | ||
115 | |||
116 | (c) must notify Apple and other third parties of how to obtain Your | ||
117 | Deployed Modifications by filling out and submitting the required | ||
118 | information found at | ||
119 | http://www.apple.com/publicsource/modifications.html; and | ||
120 | |||
121 | (d) if you Deploy Covered Code in object code, executable form only, | ||
122 | include a prominent notice, in the code itself as well as in related | ||
123 | documentation, stating that Source Code of the Covered Code is | ||
124 | available under the terms of this License with information on how and | ||
125 | where to obtain such Source Code. | ||
126 | |||
127 | 3. Your Grants. In consideration of, and as a condition to, the | ||
128 | licenses granted to You under this License: | ||
129 | |||
130 | (a) You hereby grant to Apple and all third parties a non-exclusive, | ||
131 | royalty-free license, under Your Applicable Patents and other | ||
132 | intellectual property rights owned or controlled by You, to use, | ||
133 | reproduce, modify, distribute and Deploy Your Modifications of the | ||
134 | same scope and extent as Apple`s licenses under Sections 2.1 and 2.2; | ||
135 | and | ||
136 | |||
137 | (b) You hereby grant to Apple and its subsidiaries a non-exclusive, | ||
138 | worldwide, royalty-free, perpetual and irrevocable license, under Your | ||
139 | Applicable Patents and other intellectual property rights owned or | ||
140 | controlled by You, to use, reproduce, execute, compile, display, | ||
141 | perform, modify or have modified (for Apple and/or its subsidiaries), | ||
142 | sublicense and distribute Your Modifications, in any form, through | ||
143 | multiple tiers of distribution. | ||
144 | |||
145 | 4. Larger Works. You may create a Larger Work by combining Covered | ||
146 | Code with other code not governed by the terms of this License and | ||
147 | distribute the Larger Work as a single product. In each such | ||
148 | instance, You must make sure the requirements of this License are | ||
149 | fulfilled for the Covered Code or any portion thereof. | ||
150 | |||
151 | 5. Limitations on Patent License. Except as expressly stated in | ||
152 | Section 2, no other patent rights, express or implied, are granted | ||
153 | by Apple herein. Modifications and/or Larger Works may require | ||
154 | additional patent licenses from Apple which Apple may grant in its | ||
155 | sole discretion. | ||
156 | |||
157 | 6. Additional Terms. You may choose to offer, and to charge a fee | ||
158 | for, warranty, support, indemnity or liability obligations and/or | ||
159 | other rights consistent with the scope of the license granted herein | ||
160 | ("Additional Terms") to one or more recipients of Covered | ||
161 | Code. However, You may do so only on Your own behalf and as Your | ||
162 | sole responsibility, and not on behalf of Apple. You must obtain the | ||
163 | recipient`s agreement that any such Additional Terms are offered by | ||
164 | You alone, and You hereby agree to indemnify, defend and hold Apple | ||
165 | harmless for any liability incurred by or claims asserted against | ||
166 | Apple by reason of any such Additional Terms. | ||
167 | |||
168 | 7. Versions of the License. Apple may publish revised and/or new | ||
169 | versions of this License from time to time. Each version will be | ||
170 | given a distinguishing version number. Once Original Code has been | ||
171 | published under a particular version of this License, You may | ||
172 | continue to use it under the terms of that version. You may also | ||
173 | choose to use such Original Code under the terms of any subsequent | ||
174 | version of this License published by Apple. No one other than Apple | ||
175 | has the right to modify the terms applicable to Covered Code created | ||
176 | under this License. | ||
177 | |||
178 | 8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or | ||
179 | in part pre-release, untested, or not fully tested works. The | ||
180 | Original Code may contain errors that could cause failures or loss | ||
181 | of data, and may be incomplete or contain inaccuracies. You | ||
182 | expressly acknowledge and agree that use of the Original Code, or | ||
183 | any portion thereof, is at Your sole and entire risk. THE ORIGINAL | ||
184 | CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT | ||
185 | OF ANY KIND AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF | ||
186 | SECTIONS 8 AND 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY | ||
187 | REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR | ||
188 | CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE | ||
189 | IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR | ||
190 | SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND | ||
191 | NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT | ||
192 | THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR | ||
193 | REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE | ||
194 | UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE | ||
195 | WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN | ||
196 | BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A | ||
197 | WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You | ||
198 | acknowledge that the Original Code is not intended for use in the | ||
199 | operation of nuclear facilities, aircraft navigation, communication | ||
200 | systems, or air traffic control machines in which case the failure | ||
201 | of the Original Code could lead to death, personal injury, or severe | ||
202 | physical or environmental damage. | ||
203 | |||
204 | 9. Liability. | ||
205 | |||
206 | 9.1 Infringement. If any of the Original Code becomes the subject of | ||
207 | a claim of infringement ("Affected Original Code"), Apple may, at | ||
208 | its sole discretion and option: (a) attempt to procure the rights | ||
209 | necessary for You to continue using the Affected Original Code; (b) | ||
210 | modify the Affected Original Code so that it is no longer | ||
211 | infringing; or (c) terminate Your rights to use the Affected | ||
212 | Original Code, effective immediately upon Apple`s posting of a | ||
213 | notice to such effect on the Apple web site that is used for | ||
214 | implementation of this License. | ||
215 | |||
216 | 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE | ||
217 | LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL | ||
218 | DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR | ||
219 | INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER | ||
220 | UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), | ||
221 | PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF | ||
222 | THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF | ||
223 | ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple`s total | ||
224 | liability to You for all damages under this License exceed the | ||
225 | amount of fifty dollars ($50.00). | ||
226 | |||
227 | 10. Trademarks. This License does not grant any rights to use the | ||
228 | trademarks or trade names "Apple", "Apple Computer", "Mac OS X", | ||
229 | "Mac OS X Server" or any other trademarks or trade names belonging | ||
230 | to Apple (collectively "Apple Marks") and no Apple Marks may be | ||
231 | used to endorse or promote products derived from the Original Code | ||
232 | other than as permitted by and in strict compliance at all times | ||
233 | with Apple`s third party trademark usage guidelines which are | ||
234 | posted at http://www.apple.com/legal/guidelinesfor3rdparties.html. | ||
235 | |||
236 | 11. Ownership. Apple retains all rights, title and interest in and to | ||
237 | the Original Code and any Modifications made by or on behalf of | ||
238 | Apple ("Apple Modifications"), and such Apple Modifications will | ||
239 | not be automatically subject to this License. Apple may, at its | ||
240 | sole discretion, choose to license such Apple Modifications under | ||
241 | this License, or on different terms from those contained in this | ||
242 | License or may choose not to license them at all. Apple`s | ||
243 | development, use, reproduction, modification, sublicensing and | ||
244 | distribution of Covered Code will not be subject to this License. | ||
245 | |||
246 | 12. Termination. | ||
247 | |||
248 | 12.1 Termination. This License and the rights granted hereunder will | ||
249 | terminate: | ||
250 | |||
251 | (a) automatically without notice from Apple if You fail to comply with | ||
252 | any term(s) of this License and fail to cure such breach within 30 | ||
253 | days of becoming aware of such breach; (b) immediately in the event of | ||
254 | the circumstances described in Sections 9.1 and/or 13.6(b); or (c) | ||
255 | automatically without notice from Apple if You, at any time during the | ||
256 | term of this License, commence an action for patent infringement | ||
257 | against Apple. | ||
258 | |||
259 | 12.2 Effect of Termination. Upon termination, You agree to | ||
260 | immediately stop any further use, reproduction, modification and | ||
261 | distribution of the Covered Code, or Affected Original Code in the | ||
262 | case of termination under Section 9.1, and to destroy all copies of | ||
263 | the Covered Code or Affected Original Code (in the case of | ||
264 | termination under Section 9.1) that are in your possession or | ||
265 | control. All sublicenses to the Covered Code which have been | ||
266 | properly granted prior to termination shall survive any termination | ||
267 | of this License. Provisions which, by their nature, should remain | ||
268 | in effect beyond the termination of this License shall survive, | ||
269 | including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and | ||
270 | 13. Neither party will be liable to the other for compensation, | ||
271 | indemnity or damages of any sort solely as a result of terminating | ||
272 | this License in accordance with its terms, and termination of this | ||
273 | License will be without prejudice to any other right or remedy of | ||
274 | either party. | ||
275 | |||
276 | 13. Miscellaneous. | ||
277 | |||
278 | 13.1 Export Law Assurances. You may not use or otherwise export or | ||
279 | re-export the Original Code except as authorized by United States | ||
280 | law and the laws of the jurisdiction in which the Original Code was | ||
281 | obtained. In particular, but without limitation, the Original Code | ||
282 | may not be exported or re-exported (a) into (or to a national or | ||
283 | resident of) any U.S. embargoed country or (b) to anyone on the | ||
284 | U.S. Treasury Department`s list of Specially Designated Nationals | ||
285 | or the U.S. Department of Commerce`s Table of Denial Orders. By | ||
286 | using the Original Code, You represent and warrant that You are not | ||
287 | located in, under control of, or a national or resident of any such | ||
288 | country or on any such list. | ||
289 | |||
290 | 13.2 Government End Users. The Covered Code is a "commercial item" as | ||
291 | defined in FAR 2.101. Government software and technical data | ||
292 | rights in the Covered Code include only those rights customarily | ||
293 | provided to the public as defined in this License. This customary | ||
294 | commercial license in technical data and software is provided in | ||
295 | accordance with FAR 12.211 (Technical Data) and 12.212 (Computer | ||
296 | Software) and, for Department of Defense purchases, DFAR | ||
297 | 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 | ||
298 | (Rights in Commercial Computer Software or Computer Software | ||
299 | Documentation). Accordingly, all U.S. Government End Users acquire | ||
300 | Covered Code with only those rights set forth herein. | ||
301 | |||
302 | 13.3 Relationship of Parties. This License will not be construed as | ||
303 | creating an agency, partnership, joint venture or any other form of | ||
304 | legal association between You and Apple, and You will not represent | ||
305 | to the contrary, whether expressly, by implication, appearance or | ||
306 | otherwise. | ||
307 | |||
308 | 13.4 Independent Development. Nothing in this License will impair | ||
309 | Apple`s right to acquire, license, develop, have others develop for | ||
310 | it, market and/or distribute technology or products that perform | ||
311 | the same or similar functions as, or otherwise compete with, | ||
312 | Modifications, Larger Works, technology or products that You may | ||
313 | develop, produce, market or distribute. | ||
314 | |||
315 | 13.5 Waiver; Construction. Failure by Apple to enforce any provision | ||
316 | of this License will not be deemed a waiver of future enforcement | ||
317 | of that or any other provision. Any law or regulation which | ||
318 | provides that the language of a contract shall be construed against | ||
319 | the drafter will not apply to this License. | ||
320 | |||
321 | 13.6 Severability. (a) If for any reason a court of competent | ||
322 | jurisdiction finds any provision of this License, or portion | ||
323 | thereof, to be unenforceable, that provision of the License will be | ||
324 | enforced to the maximum extent permissible so as to effect the | ||
325 | economic benefits and intent of the parties, and the remainder of | ||
326 | this License will continue in full force and effect. (b) | ||
327 | Notwithstanding the foregoing, if applicable law prohibits or | ||
328 | restricts You from fully and/or specifically complying with | ||
329 | Sections 2 and/or 3 or prevents the enforceability of either of | ||
330 | those Sections, this License will immediately terminate and You | ||
331 | must immediately discontinue any use of the Covered Code and | ||
332 | destroy all copies of it that are in your possession or control. | ||
333 | |||
334 | 13.7 Dispute Resolution. Any litigation or other dispute resolution | ||
335 | between You and Apple relating to this License shall take place in | ||
336 | the Northern District of California, and You and Apple hereby | ||
337 | consent to the personal jurisdiction of, and venue in, the state | ||
338 | and federal courts within that District with respect to this | ||
339 | License. The application of the United Nations Convention on | ||
340 | Contracts for the International Sale of Goods is expressly | ||
341 | excluded. | ||
342 | |||
343 | 13.8 Entire Agreement; Governing Law. This License constitutes the | ||
344 | entire agreement between the parties with respect to the subject | ||
345 | matter hereof. This License shall be governed by the laws of the | ||
346 | United States and the State of California, except that body of | ||
347 | California law concerning conflicts of law. | ||
348 | |||
349 | Where You are located in the province of Quebec, Canada, the following | ||
350 | clause applies: The parties hereby confirm that they have requested | ||
351 | that this License and all related documents be drafted in English. Les | ||
352 | parties ont exige que le present contrat et tous les documents | ||
353 | connexes soient rediges en anglais. | ||
354 | |||
355 | EXHIBIT A. | ||
356 | |||
357 | "Portions Copyright (c) 1999 Apple Computer, Inc. All Rights | ||
358 | Reserved. This file contains Original Code and/or Modifications of | ||
359 | Original Code as defined in and that are subject to the Apple Public | ||
360 | Source License Version 1.0 (the `License`). You may not use this file | ||
361 | except in compliance with the License. Please obtain a copy of the | ||
362 | License at http://www.apple.com/publicsource and read it before using | ||
363 | this file. | ||
364 | |||
365 | The Original Code and all software distributed under the License are | ||
366 | distributed on an `AS IS` basis, WITHOUT WARRANTY OF ANY KIND, EITHER | ||
367 | EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, | ||
368 | INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, | ||
369 | FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the | ||
370 | License for the specific language governing rights and limitations | ||
371 | under the License." | ||
372 | |||