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1
2APPLE PUBLIC SOURCE LICENSE
3Version 1.0 - March 16, 1999
4
5Please read this License carefully before downloading this software.
6By downloading and using this software, you are agreeing to be bound by
7the terms of this License. If you do not or cannot agree to the terms
8of this License, please do not download or use the software.
9
101. General; Definitions. This License applies to any program or other
11work which Apple Computer, Inc. ("Apple") publicly announces as
12subject to this Apple Public Source License and which contains a
13notice placed by Apple identifying such program or work as "Original
14Code" and stating that it is subject to the terms of this Apple Public
15Source License version 1.0 (or subsequent version thereof), as it may
16be revised from time to time by Apple ("License"). As used in this
17License:
18
191.1 "Applicable Patents" mean: (a) in the case where Apple is the
20grantor of rights, (i) patents or patent applications that are now
21or hereafter acquired, owned by or assigned to Apple and (ii) whose
22claims cover subject matter contained in the Original Code, but only
23to the extent necessary to use, reproduce and/or distribute the
24Original Code without infringement; and (b) in the case where You
25are the grantor of rights, (i) patents and patent applications that
26are now or hereafter acquired, owned by or assigned to You and (ii)
27whose claims cover subject matter in Your Modifications, taken alone
28or in combination with Original Code.
29
301.2 "Covered Code" means the Original Code, Modifications, the
31combination of Original Code and any Modifications, and/or any
32respective portions thereof.
33
341.3 "Deploy" means to use, sublicense or distribute Covered Code other
35than for Your internal research and development (R&D), and includes
36without limitation, any and all internal use or distribution of
37Covered Code within Your business or organization except for R&D use,
38as well as direct or indirect sublicensing or distribution of Covered
39Code by You to any third party in any form or manner.
40
411.4 "Larger Work" means a work which combines Covered Code or portions
42thereof with code not governed by the terms of this License.
43
441.5 "Modifications" mean any addition to, deletion from, and/or change
45to, the substance and/or structure of Covered Code. When code is
46released as a series of files, a Modification is: (a) any addition to
47or deletion from the contents of a file containing Covered Code;
48and/or (b) any new file or other representation of computer program
49statements that contains any part of Covered Code.
50
511.6 "Original Code" means the Source Code of a program or other work
52as originally made available by Apple under this License, including
53the Source Code of any updates or upgrades to such programs or works
54made available by Apple under this License, and that has been
55expressly identified by Apple as such in the header file(s) of such
56work.
57
581.7 "Source Code" means the human readable form of a program or other
59work that is suitable for making modifications to it, including all
60modules it contains, plus any associated interface definition files,
61scripts used to control compilation and installation of an executable
62(object code).
63
641.8 "You" or "Your" means an individual or a legal entity exercising
65rights under this License. For legal entities, "You" or "Your"
66includes any entity which controls, is controlled by, or is under
67common control with, You, where "control" means (a) the power, direct
68or indirect, to cause the direction or management of such entity,
69whether by contract or otherwise, or (b) ownership of fifty percent
70(50%) or more of the outstanding shares or beneficial ownership of
71such entity.
72
732. Permitted Uses; Conditions & Restrictions. Subject to the terms
74and conditions of this License, Apple hereby grants You, effective on
75the date You accept this License and download the Original Code, a
76world-wide, royalty-free, non-exclusive license, to the extent of
77Apple`s Applicable Patents and copyrights covering the Original
78Code, to do the following:
79
802.1 You may use, copy, modify and distribute Original Code, with or
81without Modifications, solely for Your internal research and
82development, provided that You must in each instance:
83
84(a) retain and reproduce in all copies of Original Code the copyright
85and other proprietary notices and disclaimers of Apple as they appear
86in the Original Code, and keep intact all notices in the Original Code
87that refer to this License;
88
89(b) include a copy of this License with every copy of Source Code of
90Covered Code and documentation You distribute, and You may not offer
91or impose any terms on such Source Code that alter or restrict this
92License or the recipients` rights hereunder, except as permitted under
93Section 6; and
94
95(c) completely and accurately document all Modifications that you have
96made and the date of each such Modification, designate the version of
97the Original Code you used, prominently include a file carrying such
98information with the Modifications, and duplicate the notice in
99Exhibit A in each file of the Source Code of all such Modifications.
100
1012.2 You may Deploy Covered Code, provided that You must in each
102instance:
103
104(a) satisfy all the conditions of Section 2.1 with respect to the
105Source Code of the Covered Code;
106
107(b) make all Your Deployed Modifications publicly available in Source
108Code form via electronic distribution (e.g. download from a web site)
109under the terms of this License and subject to the license grants set
110forth in Section 3 below, and any additional terms You may choose to
111offer under Section 6. You must continue to make the Source Code of
112Your Deployed Modifications available for as long as you Deploy the
113Covered Code or twelve (12) months from the date of initial
114Deployment, whichever is longer;
115
116(c) must notify Apple and other third parties of how to obtain Your
117Deployed Modifications by filling out and submitting the required
118information found at
119http://www.apple.com/publicsource/modifications.html; and
120
121(d) if you Deploy Covered Code in object code, executable form only,
122include a prominent notice, in the code itself as well as in related
123documentation, stating that Source Code of the Covered Code is
124available under the terms of this License with information on how and
125where to obtain such Source Code.
126
1273. Your Grants. In consideration of, and as a condition to, the
128licenses granted to You under this License:
129
130(a) You hereby grant to Apple and all third parties a non-exclusive,
131royalty-free license, under Your Applicable Patents and other
132intellectual property rights owned or controlled by You, to use,
133reproduce, modify, distribute and Deploy Your Modifications of the
134same scope and extent as Apple`s licenses under Sections 2.1 and 2.2;
135and
136
137(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
138worldwide, royalty-free, perpetual and irrevocable license, under Your
139Applicable Patents and other intellectual property rights owned or
140controlled by You, to use, reproduce, execute, compile, display,
141perform, modify or have modified (for Apple and/or its subsidiaries),
142sublicense and distribute Your Modifications, in any form, through
143multiple tiers of distribution.
144
1454. Larger Works. You may create a Larger Work by combining Covered
146Code with other code not governed by the terms of this License and
147distribute the Larger Work as a single product. In each such
148instance, You must make sure the requirements of this License are
149fulfilled for the Covered Code or any portion thereof.
150
1515. Limitations on Patent License. Except as expressly stated in
152Section 2, no other patent rights, express or implied, are granted
153by Apple herein. Modifications and/or Larger Works may require
154additional patent licenses from Apple which Apple may grant in its
155sole discretion.
156
1576. Additional Terms. You may choose to offer, and to charge a fee
158for, warranty, support, indemnity or liability obligations and/or
159other rights consistent with the scope of the license granted herein
160("Additional Terms") to one or more recipients of Covered
161Code. However, You may do so only on Your own behalf and as Your
162sole responsibility, and not on behalf of Apple. You must obtain the
163recipient`s agreement that any such Additional Terms are offered by
164You alone, and You hereby agree to indemnify, defend and hold Apple
165harmless for any liability incurred by or claims asserted against
166Apple by reason of any such Additional Terms.
167
1687. Versions of the License. Apple may publish revised and/or new
169versions of this License from time to time. Each version will be
170given a distinguishing version number. Once Original Code has been
171published under a particular version of this License, You may
172continue to use it under the terms of that version. You may also
173choose to use such Original Code under the terms of any subsequent
174version of this License published by Apple. No one other than Apple
175has the right to modify the terms applicable to Covered Code created
176under this License.
177
1788. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
179in part pre-release, untested, or not fully tested works. The
180Original Code may contain errors that could cause failures or loss
181of data, and may be incomplete or contain inaccuracies. You
182expressly acknowledge and agree that use of the Original Code, or
183any portion thereof, is at Your sole and entire risk. THE ORIGINAL
184CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
185OF ANY KIND AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF
186SECTIONS 8 AND 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY
187REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
188CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
189IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
190SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
191NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT
192THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
193REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
194UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
195WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
196BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
197WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You
198acknowledge that the Original Code is not intended for use in the
199operation of nuclear facilities, aircraft navigation, communication
200systems, or air traffic control machines in which case the failure
201of the Original Code could lead to death, personal injury, or severe
202physical or environmental damage.
203
2049. Liability.
205
2069.1 Infringement. If any of the Original Code becomes the subject of
207a claim of infringement ("Affected Original Code"), Apple may, at
208its sole discretion and option: (a) attempt to procure the rights
209necessary for You to continue using the Affected Original Code; (b)
210modify the Affected Original Code so that it is no longer
211infringing; or (c) terminate Your rights to use the Affected
212Original Code, effective immediately upon Apple`s posting of a
213notice to such effect on the Apple web site that is used for
214implementation of this License.
215
2169.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
217LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
218DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR
219INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER
220UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
221PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF
222THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
223ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple`s total
224liability to You for all damages under this License exceed the
225amount of fifty dollars ($50.00).
226
22710. Trademarks. This License does not grant any rights to use the
228trademarks or trade names "Apple", "Apple Computer", "Mac OS X",
229"Mac OS X Server" or any other trademarks or trade names belonging
230to Apple (collectively "Apple Marks") and no Apple Marks may be
231used to endorse or promote products derived from the Original Code
232other than as permitted by and in strict compliance at all times
233with Apple`s third party trademark usage guidelines which are
234posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
235
23611. Ownership. Apple retains all rights, title and interest in and to
237the Original Code and any Modifications made by or on behalf of
238Apple ("Apple Modifications"), and such Apple Modifications will
239not be automatically subject to this License. Apple may, at its
240sole discretion, choose to license such Apple Modifications under
241this License, or on different terms from those contained in this
242License or may choose not to license them at all. Apple`s
243development, use, reproduction, modification, sublicensing and
244distribution of Covered Code will not be subject to this License.
245
24612. Termination.
247
24812.1 Termination. This License and the rights granted hereunder will
249terminate:
250
251(a) automatically without notice from Apple if You fail to comply with
252any term(s) of this License and fail to cure such breach within 30
253days of becoming aware of such breach; (b) immediately in the event of
254the circumstances described in Sections 9.1 and/or 13.6(b); or (c)
255automatically without notice from Apple if You, at any time during the
256term of this License, commence an action for patent infringement
257against Apple.
258
25912.2 Effect of Termination. Upon termination, You agree to
260immediately stop any further use, reproduction, modification and
261distribution of the Covered Code, or Affected Original Code in the
262case of termination under Section 9.1, and to destroy all copies of
263the Covered Code or Affected Original Code (in the case of
264termination under Section 9.1) that are in your possession or
265control. All sublicenses to the Covered Code which have been
266properly granted prior to termination shall survive any termination
267of this License. Provisions which, by their nature, should remain
268in effect beyond the termination of this License shall survive,
269including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and
27013. Neither party will be liable to the other for compensation,
271indemnity or damages of any sort solely as a result of terminating
272this License in accordance with its terms, and termination of this
273License will be without prejudice to any other right or remedy of
274either party.
275
27613. Miscellaneous.
277
27813.1 Export Law Assurances. You may not use or otherwise export or
279re-export the Original Code except as authorized by United States
280law and the laws of the jurisdiction in which the Original Code was
281obtained. In particular, but without limitation, the Original Code
282may not be exported or re-exported (a) into (or to a national or
283resident of) any U.S. embargoed country or (b) to anyone on the
284U.S. Treasury Department`s list of Specially Designated Nationals
285or the U.S. Department of Commerce`s Table of Denial Orders. By
286using the Original Code, You represent and warrant that You are not
287located in, under control of, or a national or resident of any such
288country or on any such list.
289
29013.2 Government End Users. The Covered Code is a "commercial item" as
291defined in FAR 2.101. Government software and technical data
292rights in the Covered Code include only those rights customarily
293provided to the public as defined in this License. This customary
294commercial license in technical data and software is provided in
295accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
296Software) and, for Department of Defense purchases, DFAR
297252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3
298(Rights in Commercial Computer Software or Computer Software
299Documentation). Accordingly, all U.S. Government End Users acquire
300Covered Code with only those rights set forth herein.
301
30213.3 Relationship of Parties. This License will not be construed as
303creating an agency, partnership, joint venture or any other form of
304legal association between You and Apple, and You will not represent
305to the contrary, whether expressly, by implication, appearance or
306otherwise.
307
30813.4 Independent Development. Nothing in this License will impair
309Apple`s right to acquire, license, develop, have others develop for
310it, market and/or distribute technology or products that perform
311the same or similar functions as, or otherwise compete with,
312Modifications, Larger Works, technology or products that You may
313develop, produce, market or distribute.
314
31513.5 Waiver; Construction. Failure by Apple to enforce any provision
316of this License will not be deemed a waiver of future enforcement
317of that or any other provision. Any law or regulation which
318provides that the language of a contract shall be construed against
319the drafter will not apply to this License.
320
32113.6 Severability. (a) If for any reason a court of competent
322jurisdiction finds any provision of this License, or portion
323thereof, to be unenforceable, that provision of the License will be
324enforced to the maximum extent permissible so as to effect the
325economic benefits and intent of the parties, and the remainder of
326this License will continue in full force and effect. (b)
327Notwithstanding the foregoing, if applicable law prohibits or
328restricts You from fully and/or specifically complying with
329Sections 2 and/or 3 or prevents the enforceability of either of
330those Sections, this License will immediately terminate and You
331must immediately discontinue any use of the Covered Code and
332destroy all copies of it that are in your possession or control.
333
33413.7 Dispute Resolution. Any litigation or other dispute resolution
335between You and Apple relating to this License shall take place in
336the Northern District of California, and You and Apple hereby
337consent to the personal jurisdiction of, and venue in, the state
338and federal courts within that District with respect to this
339License. The application of the United Nations Convention on
340Contracts for the International Sale of Goods is expressly
341excluded.
342
34313.8 Entire Agreement; Governing Law. This License constitutes the
344entire agreement between the parties with respect to the subject
345matter hereof. This License shall be governed by the laws of the
346United States and the State of California, except that body of
347California law concerning conflicts of law.
348
349Where You are located in the province of Quebec, Canada, the following
350clause applies: The parties hereby confirm that they have requested
351that this License and all related documents be drafted in English. Les
352parties ont exige que le present contrat et tous les documents
353connexes soient rediges en anglais.
354
355EXHIBIT A.
356
357"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights
358Reserved. This file contains Original Code and/or Modifications of
359Original Code as defined in and that are subject to the Apple Public
360Source License Version 1.0 (the `License`). You may not use this file
361except in compliance with the License. Please obtain a copy of the
362License at http://www.apple.com/publicsource and read it before using
363this file.
364
365The Original Code and all software distributed under the License are
366distributed on an `AS IS` basis, WITHOUT WARRANTY OF ANY KIND, EITHER
367EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
368INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
369FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the
370License for the specific language governing rights and limitations
371under the License."
372