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1
2APPLE PUBLIC SOURCE LICENSE
3Version 1.1 - April 19,1999
4
5Please read this License carefully before downloading this software.
6By downloading and using this software, you are agreeing to be bound
7by the terms of this License. If you do not or cannot agree to the
8terms of 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 1.1 (or subsequent version thereof), as it may
16be revised from time to time by Apple ("License"). As used in this
17License:
18
191.1 "Affected Original Code" means only those specific portions of
20Original Code that allegedly infringe upon any party`s intellectual
21property rights or are otherwise the subject of a claim of
22infringement.
23
241.2 "Applicable Patent Rights" mean: (a) in the case where Apple is
25the grantor of rights, (i) claims of patents that are now or hereafter
26acquired, owned by or assigned to Apple and (ii) that cover subject
27matter contained in the Original Code, but only to the extent
28necessary to use, reproduce and/or distribute the Original Code
29without infringement; and (b) in the case where You are the grantor of
30rights, (i) claims of patents that are now or hereafter acquired,
31owned by or assigned to You and (ii) that cover subject matter in Your
32Modifications, taken alone or in combination with Original Code.
33
341.3 "Covered Code" means the Original Code, Modifications, the
35combination of Original Code and any Modifications, and/or any
36respective portions thereof.
37
381.4 "Deploy" means to use, sublicense or distribute Covered Code other
39than for Your internal research and development (R&D), and includes
40without limitation, any and all internal use or distribution of
41Covered Code within Your business or organization except for R&D use,
42as well as direct or indirect sublicensing or distribution of Covered
43Code by You to any third party in any form or manner.
44
451.5 "Larger Work" means a work which combines Covered Code or portions
46thereof with code not governed by the terms of this License.
47
481.6 "Modifications" mean any addition to, deletion from, and/or change
49to, the substance and/or structure of Covered Code. When code is
50released as a series of files, a Modification is: (a) any addition to
51or deletion from the contents of a file containing Covered Code;
52and/or (b) any new file or other representation of computer program
53statements that contains any part of Covered Code.
54
551.7 "Original Code" means (a) the Source Code of a program or other
56work as originally made available by Apple under this License,
57including the Source Code of any updates or upgrades to such programs
58or works made available by Apple under this License, and that has been
59expressly identified by Apple as such in the header file(s) of such
60work; and (b) the object code compiled from such Source Code and
61originally made available by Apple under this License.
62
631.8 "Source Code" means the human readable form of a program or other
64work that is suitable for making modifications to it, including all
65modules it contains, plus any associated interface definition files,
66scripts used to control compilation and installation of an executable
67(object code).
68
691.9 "You" or "Your" means an individual or a legal entity exercising
70rights under this License. For legal entities, "You" or "Your"
71includes any entity which controls, is controlled by, or is under
72common control with, You, where "control" means (a) the power, direct
73or indirect, to cause the direction or management of such entity,
74whether by contract or otherwise, or (b) ownership of fifty percent
75(50%) or more of the outstanding shares or beneficial ownership of
76such entity.
77
782. Permitted Uses; Conditions & Restrictions. Subject to the terms
79and conditions of this License, Apple hereby grants You, effective on
80the date You accept this License and download the Original Code, a
81world-wide, royalty-free, non- exclusive license, to the extent of
82Apple`s Applicable Patent Rights and copyrights covering the Original
83Code, to do the following:
84
852.1 You may use, copy, modify and distribute Original Code, with or
86without Modifications, solely for Your internal research and
87development, provided that You must in each instance:
88
89(a) retain and reproduce in all copies of Original Code the copyright
90and other proprietary notices and disclaimers of Apple as they appear
91in the Original Code, and keep intact all notices in the Original Code
92that refer to this License;
93
94(b) include a copy of this License with every copy of Source Code of
95Covered Code and documentation You distribute, and You may not offer
96or impose any terms on such Source Code that alter or restrict this
97License or the recipients` rights hereunder, except as permitted under
98Section 6; and
99
100(c) completely and accurately document all Modifications that you have
101made and the date of each such Modification, designate the version of
102the Original Code you used, prominently include a file carrying such
103information with the Modifications, and duplicate the notice in
104Exhibit A in each file of the Source Code of all such Modifications.
105
1062.2 You may Deploy Covered Code, provided that You must in each
107 instance:
108
109(a) satisfy all the conditions of Section 2.1 with respect to the
110Source Code of the Covered Code;
111
112(b) make all Your Deployed Modifications publicly available in Source
113Code form via electronic distribution (e.g. download from a web site)
114under the terms of this License and subject to the license grants set
115forth in Section 3 below, and any additional terms You may choose to
116offer under Section 6. You must continue to make the Source Code of
117Your Deployed Modifications available for as long as you Deploy the
118Covered Code or twelve (12) months from the date of initial
119Deployment, whichever is longer;
120
121(c) if You Deploy Covered Code containing Modifications made by You,
122inform others of how to obtain those Modifications by filling out and
123submitting the information found at
124http://www.apple.com/publicsource/modifications.html, if available;
125and
126
127(d) if You Deploy Covered Code in object code, executable form only,
128include a prominent notice, in the code itself as well as in related
129documentation, stating that Source Code of the Covered Code is
130available under the terms of this License with information on how and
131where to obtain such Source Code.
132
1333. Your Grants. In consideration of, and as a condition to, the
134licenses granted to You under this License:
135
136(a) You hereby grant to Apple and all third parties a non-exclusive,
137royalty-free license, under Your Applicable Patent Rights and other
138intellectual property rights owned or controlled by You, to use,
139reproduce, modify, distribute and Deploy Your Modifications of the
140same scope and extent as Apple`s licenses under Sections 2.1 and 2.2;
141and
142
143(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
144worldwide, royalty-free, perpetual and irrevocable license, under Your
145Applicable Patent Rights and other intellectual property rights owned
146or controlled by You, to use, reproduce, execute, compile, display,
147perform, modify or have modified (for Apple and/or its subsidiaries),
148sublicense and distribute Your Modifications, in any form, through
149multiple tiers of distribution.
150
1514. Larger Works. You may create a Larger Work by combining Covered
152Code with other code not governed by the terms of this License and
153distribute the Larger Work as a single product. In each such
154instance, You must make sure the requirements of this License are
155fulfilled for the Covered Code or any portion thereof.
156
1575. Limitations on Patent License. Except as expressly stated in
158Section 2, no other patent rights, express or implied, are granted by
159Apple herein. Modifications and/or Larger Works may require
160additional patent licenses from Apple which Apple may grant in its
161sole discretion.
162
1636. Additional Terms. You may choose to offer, and to charge a fee
164for, warranty, support, indemnity or liability obligations and/or
165other rights consistent with the scope of the license granted herein
166("Additional Terms") to one or more recipients of Covered
167Code. However, You may do so only on Your own behalf and as Your sole
168responsibility, and not on behalf of Apple. You must obtain the
169recipient`s agreement that any such Additional Terms are offered by
170You alone, and You hereby agree to indemnify, defend and hold Apple
171harmless for any liability incurred by or claims asserted against
172Apple by reason of any such Additional Terms.
173
1747. Versions of the License. Apple may publish revised and/or new
175versions of this License from time to time. Each version will be
176given a distinguishing version number. Once Original Code has been
177published under a particular version of this License, You may continue
178to use it under the terms of that version. You may also choose to use
179such Original Code under the terms of any subsequent version of this
180License published by Apple. No one other than Apple has the right to
181modify the terms applicable to Covered Code created under this
182License.
183
1848. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
185in part pre-release, untested, or not fully tested works. The
186Original Code may contain errors that could cause failures or loss of
187data, and may be incomplete or contain inaccuracies. You expressly
188acknowledge and agree that use of the Original Code, or any portion
189thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS
190PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND
191AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND
1929, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS
193"APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
194OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
195AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
196FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
197RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
198ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
199THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT
200DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN
201INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
202REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
203SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not
204intended for use in the operation of nuclear facilities, aircraft
205navigation, communication systems, or air traffic control machines in
206which case the failure of the Original Code could lead to death,
207personal injury, or severe physical or environmental damage.
208
2099. Liability.
210
2119.1 Infringement. If any portion of, or functionality implemented by,
212the Original Code becomes the subject of a claim of infringement,
213Apple may, at its option: (a) attempt to procure the rights necessary
214for Apple and You to continue using the Affected Original Code; (b)
215modify the Affected Original Code so that it is no longer infringing;
216or (c) suspend Your rights to use, reproduce, modify, sublicense and
217distribute the Affected Original Code until a final determination of
218the claim is made by a court or governmental administrative agency of
219competent jurisdiction and Apple lifts the suspension as set forth
220below. Such suspension of rights will be effective immediately upon
221Apple`s posting of a notice to such effect on the Apple web site that
222is used for implementation of this License. Upon such final
223determination being made, if Apple is legally able, without the
224payment of a fee or royalty, to resume use, reproduction,
225modification, sublicensing and distribution of the Affected Original
226Code, Apple will lift the suspension of rights to the Affected
227Original Code by posting a notice to such effect on the Apple web site
228that is used for implementation of this License. If Apple suspends
229Your rights to Affected Original Code, nothing in this License shall
230be construed to restrict You, at Your option and subject to applicable
231law, from replacing the Affected Original Code with non-infringing
232code or independently negotiating for necessary rights from such third
233party.
234
2359.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
236LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
237ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO
238USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
239OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
240OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
241SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
242ANY REMEDY. In no event shall Apple`s total liability to You for all
243damages under this License exceed the amount of fifty dollars
244($50.00).
245
24610. Trademarks. This License does not grant any rights to use the
247trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
248OS X Server" or any other trademarks or trade names belonging to Apple
249(collectively "Apple Marks") and no Apple Marks may be used to endorse
250or promote products derived from the Original Code other than as
251permitted by and in strict compliance at all times with Apple`s third
252party trademark usage guidelines which are posted at
253http://www.apple.com/legal/guidelinesfor3rdparties.html.
254
25511. Ownership. Apple retains all rights, title and interest in and to
256the Original Code and any Modifications made by or on behalf of Apple
257("Apple Modifications"), and such Apple Modifications will not be
258automatically subject to this License. Apple may, at its sole
259discretion, choose to license such Apple Modifications under this
260License, or on different terms from those contained in this License or
261may choose not to license them at all. Apple`s development, use,
262reproduction, modification, sublicensing and distribution of Covered
263Code will not be subject to this License.
264
26512. Termination.
266
26712.1 Termination. This License and the rights granted hereunder will
268 terminate:
269
270(a) automatically without notice from Apple if You fail to comply with
271any term(s) of this License and fail to cure such breach within 30
272days of becoming aware of such breach; (b) immediately in the event of
273the circumstances described in Section 13.5(b); or (c) automatically
274without notice from Apple if You, at any time during the term of this
275License, commence an action for patent infringement against Apple.
276
27712.2 Effect of Termination. Upon termination, You agree to
278immediately stop any further use, reproduction, modification,
279sublicensing and distribution of the Covered Code and to destroy all
280copies of the Covered Code that are in your possession or control.
281All sublicenses to the Covered Code which have been properly granted
282prior to termination shall survive any termination of this License.
283Provisions which, by their nature, should remain in effect beyond the
284termination of this License shall survive, including but not limited
285to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be
286liable to the other for compensation, indemnity or damages of any sort
287solely as a result of terminating this License in accordance with its
288terms, and termination of this License will be without prejudice to
289any other right or remedy of either party.
290
29113. Miscellaneous.
292
29313.1 Government End Users. The Covered Code is a "commercial item" as
294defined in FAR 2.101. Government software and technical data rights
295in the Covered Code include only those rights customarily provided to
296the public as defined in this License. This customary commercial
297license in technical data and software is provided in accordance with
298FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for
299Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
300Commercial Items) and 227.7202-3 (Rights in Commercial Computer
301Software or Computer Software Documentation). Accordingly, all U.S.
302Government End Users acquire Covered Code with only those rights set
303forth herein.
304
30513.2 Relationship of Parties. This License will not be construed as
306creating an agency, partnership, joint venture or any other form of
307legal association between You and Apple, and You will not represent to
308the contrary, whether expressly, by implication, appearance or
309otherwise.
310
31113.3 Independent Development. Nothing in this License will impair
312Apple`s right to acquire, license, develop, have others develop for
313it, market and/or distribute technology or products that perform the
314same or similar functions as, or otherwise compete with,
315Modifications, Larger Works, technology or products that You may
316develop, produce, market or distribute.
317
31813.4 Waiver; Construction. Failure by Apple to enforce any provision
319of this License will not be deemed a waiver of future enforcement of
320that or any other provision. Any law or regulation which provides
321that the language of a contract shall be construed against the drafter
322will not apply to this License.
323
32413.5 Severability. (a) If for any reason a court of competent
325jurisdiction finds any provision of this License, or portion thereof,
326to be unenforceable, that provision of the License will be enforced to
327the maximum extent permissible so as to effect the economic benefits
328and intent of the parties, and the remainder of this License will
329continue in full force and effect. (b) Notwithstanding the foregoing,
330if applicable law prohibits or restricts You from fully and/or
331specifically complying with Sections 2 and/or 3 or prevents the
332enforceability of either of those Sections, this License will
333immediately terminate and You must immediately discontinue any use of
334the Covered Code and destroy all copies of it that are in your
335possession or control.
336
33713.6 Dispute Resolution. Any litigation or other dispute resolution
338between You and Apple relating to this License shall take place in the
339Northern District of California, and You and Apple hereby consent to
340the personal jurisdiction of, and venue in, the state and federal
341courts within that District with respect to this License. The
342application of the United Nations Convention on Contracts for the
343International Sale of Goods is expressly excluded.
344
34513.7 Entire Agreement; Governing Law. This License constitutes the
346entire agreement between the parties with respect to the subject
347matter hereof. This License shall be governed by the laws of the
348United States and the State of California, except that body of
349California law concerning conflicts of law.
350
351Where You are located in the province of Quebec, Canada, the following
352clause applies: The parties hereby confirm that they have requested
353that this License and all related documents be drafted in English. Les
354parties ont exige que le present contrat et tous les documents
355connexes soient rediges en anglais.
356
357EXHIBIT A.
358
359"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights
360Reserved. This file contains Original Code and/or Modifications of
361Original Code as defined in and that are subject to the Apple Public
362Source License Version 1.1 (the "License"). You may not use this file
363except in compliance with the License. Please obtain a copy of the
364License at http://www.apple.com/publicsource and read it before using
365this file.
366
367The Original Code and all software distributed under the License are
368distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER
369EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
370INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
371FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the
372License for the specific language governing rights and limitations
373under the License."
374