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1
2Apple Public Source License Ver. 1.2
3
41. General; Definitions. This License applies to any program or other work
5which Apple Computer, Inc. ("Apple") makes publicly available and
6which contains a notice placed by Apple identifying such program or work as
7"Original Code" and stating that it is subject to the terms of this
8Apple Public Source License version 1.2 (or subsequent version thereof)
9("License"). As used in this License:
10
111.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
12the grantor of rights, (i) claims of patents that are now or hereafter
13acquired, owned by or assigned to Apple and (ii) that cover subject matter
14contained in the Original Code, but only to the extent necessary to use,
15reproduce and/or distribute the Original Code without infringement; and (b) in
16the case where You are the grantor of rights, (i) claims of patents that are
17now or hereafter acquired, owned by or assigned to You and (ii) that cover
18subject matter in Your Modifications, taken alone or in combination with
19Original Code.
20
211.2 "Contributor" means any person or entity that creates or
22contributes to the creation of Modifications.
23
241.3 "Covered Code" means the Original Code, Modifications, the
25combination of Original Code and any Modifications, and/or any respective
26portions thereof.
27
281.4 "Deploy" means to use, sublicense or distribute Covered Code
29other than for Your internal research and development (R&D) and/or Personal
30Use, and includes without limitation, any and all internal use or distribution
31of Covered Code within Your business or organization except for R&D use
32and/or Personal Use, as well as direct or indirect sublicensing or distribution
33of Covered Code by You to any third party in any form or manner.
34
351.5 "Larger Work" means a work which combines Covered Code or
36portions thereof with code not governed by the terms of this License.
37
381.6 "Modifications" mean any addition to, deletion from, and/or
39change to, the substance and/or structure of the Original Code, any previous
40Modifications, the combination of Original Code and any previous Modifications,
41and/or any respective portions thereof. When code is released as a series of
42files, a Modification is: (a) any addition to or deletion from the contents of
43a file containing Covered Code; and/or (b) any new file or other representation
44of computer program statements that contains any part of Covered Code.
45
461.7 "Original Code" means (a) the Source Code of a program or other
47work as originally made available by Apple under this License, including the
48Source Code of any updates or upgrades to such programs or works made available
49by Apple under this License, and that has been expressly identified by Apple as
50such in the header file(s) of such work; and (b) the object code compiled from
51such Source Code and originally made available by Apple under this License.
52
531.8 "Personal Use" means use of Covered Code by an individual solely
54for his or her personal, private and non-commercial purposes. An individual's
55use of Covered Code in his or her capacity as an officer, employee, member,
56independent contractor or agent of a corporation, business or organization
57(commercial or non-commercial) does not qualify as Personal Use.
58
591.9 "Source Code" means the human readable form of a program or other
60work that is suitable for making modifications to it, including all modules it
61contains, plus any associated interface definition files, scripts used to
62control compilation and installation of an executable (object code).
63
641.10 "You" or "Your" means an individual or a legal entity
65exercising rights under this License. For legal entities, "You" or
66"Your" includes any entity which controls, is controlled by, or is
67under common control with, You, where "control" means (a) the power,
68direct or indirect, to cause the direction or management of such entity,
69whether by contract or otherwise, or (b) ownership of fifty percent (50%) or
70more of the outstanding shares or beneficial ownership of such entity.
71
722. Permitted Uses; Conditions & Restrictions.Subject to the terms and
73conditions of this License, Apple hereby grants You, effective on the date You
74accept this License and download the Original Code, a world-wide, royalty-free,
75non-exclusive license, to the extent of Apple's Applicable Patent Rights and
76copyrights covering the Original Code, to do the following:
77
782.1 You may use, reproduce, display, perform, modify and distribute Original
79Code, with or without Modifications, solely for Your internal research and
80development and/or Personal Use, provided that in each instance:
81
82(a) You must retain and reproduce in all copies of Original Code the copyright
83and other proprietary notices and disclaimers of Apple as they appear in the
84Original Code, and keep intact all notices in the Original Code that refer to
85this License; and
86
87(b) You must include a copy of this License with every copy of Source Code of
88Covered Code and documentation You distribute, and You may not offer or impose
89any terms on such Source Code that alter or restrict this License or the
90recipients' rights hereunder, except as permitted under Section 6.
91
922.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
93provided that in each instance:
94
95(a) You must satisfy all the conditions of Section 2.1 with respect to the
96Source Code of the Covered Code;
97
98(b) You must duplicate, to the extent it does not already exist, the notice in
99Exhibit A in each file of the Source Code of all Your Modifications, and cause
100the modified files to carry prominent notices stating that You changed the
101files and the date of any change;
102
103(c) You must make Source Code of all Your Deployed Modifications publicly
104available under the terms of this License, including the license grants set
105forth in Section 3 below, for as long as you Deploy the Covered Code or twelve
106(12) months from the date of initial Deployment, whichever is longer. You
107should preferably distribute the Source Code of Your Deployed Modifications
108electronically (e.g. download from a web site); and
109
110(d) if You Deploy Covered Code in object code, executable form only, You must
111include a prominent notice, in the code itself as well as in related
112documentation, stating that Source Code of the Covered Code is available under
113the terms of this License with information on how and where to obtain such
114Source Code.
115
1162.3 You expressly acknowledge and agree that although Apple and each
117Contributor grants the licenses to their respective portions of the Covered
118Code set forth herein, no assurances are provided by Apple or any Contributor
119that the Covered Code does not infringe the patent or other intellectual
120property rights of any other entity. Apple and each Contributor disclaim any
121liability to You for claims brought by any other entity based on infringement
122of intellectual property rights or otherwise. As a condition to exercising the
123rights and licenses granted hereunder, You hereby assume sole responsibility to
124secure any other intellectual property rights needed, if any. For example, if a
125third party patent license is required to allow You to distribute the Covered
126Code, it is Your responsibility to acquire that license before distributing the
127Covered Code.
128
1293. Your Grants. In consideration of, and as a condition to, the licenses
130granted to You under this License:
131
132(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-
133free license, under Your Applicable Patent Rights and other intellectual
134property rights (other than patent) owned or controlled by You, to use,
135reproduce, display, perform, modify, distribute and Deploy Your Modifications
136of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
137and
138
139(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
140royalty-free, perpetual and irrevocable license, under Your Applicable Patent
141Rights and other intellectual property rights (other than patent) owned or
142controlled by You, to use, reproduce, display, perform, modify or have modified
143(for Apple and/or its subsidiaries), sublicense and distribute Your
144Modifications, in any form, through multiple tiers of distribution.
145
1464. Larger Works. You may create a Larger Work by combining Covered Code with
147other code not governed by the terms of this License and distribute the Larger
148Work as a single product. In each such instance, You must make sure the
149requirements of this License are fulfilled for the Covered Code or any portion
150thereof.
151
1525. Limitations on Patent License. Except as expressly stated in Section 2, no
153other patent rights, express or implied, are granted by Apple herein.
154Modifications and/or Larger Works may require additional patent licenses from
155Apple which Apple may grant in its sole discretion.
156
1576. Additional Terms. You may choose to offer, and to charge a fee for,
158warranty, support, indemnity or liability obligations and/or other rights
159consistent with the scope of the license granted herein ("Additional
160Terms") to one or more recipients of Covered Code. However, You may do so
161only on Your own behalf and as Your sole responsibility, and not on behalf of
162Apple or any Contributor. You must obtain the recipient's agreement that any
163such Additional Terms are offered by You alone, and You hereby agree to
164indemnify, defend and hold Apple and every Contributor harmless for any
165liability incurred by or claims asserted against Apple or such Contributor by
166reason of any such Additional Terms.
167
1687. Versions of the License. Apple may publish revised and/or new versions of
169this License from time to time. Each version will be given a distinguishing
170version number. Once Original Code has been published under a particular
171version of this License, You may continue to use it under the terms of that
172version. You may also choose to use such Original Code under the terms of any
173subsequent version of this License published by Apple. No one other than Apple
174has the right to modify the terms applicable to Covered Code created under this
175License.
176
1778. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
178pre-release, untested, or not fully tested works. The Covered Code may contain
179errors that could cause failures or loss of data, and may be incomplete or
180contain inaccuracies. You expressly acknowledge and agree that use of the
181Covered Code, or any portion thereof, is at Your sole and entire risk. THE
182COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR
183SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO
184AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS
185EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
186INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
187MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
188OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
189APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
190ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE
191WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE
192UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE
193CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
194AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You
195acknowledge that the Covered Code is not intended for use in the operation of
196nuclear facilities, aircraft navigation, communication systems, or air traffic
197control machines in which case the failure of the Covered Code could lead to
198death, personal injury, or severe physical or environmental damage.
199
2009. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
201SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
202OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE
203OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A
204THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
205OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE
206POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
207PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
208LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
209APPLY TO YOU. In no event shall Apple's total liability to You for all damages
210(other than as may be required by applicable law) under this License exceed the
211amount of fifty dollars ($50.00).
212
21310. Trademarks. This License does not grant any rights to use the trademarks or
214trade names "Apple", "Apple Computer", "Mac OS
215X", "Mac OS X Server", "QuickTime", "QuickTime
216Streaming Server" or any other trademarks or trade names belonging to
217Apple (collectively "Apple Marks") or to any trademark or trade name
218belonging to any Contributor. No Apple Marks may be used to endorse or promote
219products derived from the Original Code other than as permitted by and in
220strict compliance at all times with Apple's third party trademark usage
221guidelines which are posted at http://www.apple.com/legal/
222guidelinesfor3rdparties.html.
223
22411. Ownership. Subject to the licenses granted under this License, each
225Contributor retains all rights, title and interest in and to any Modifications
226made by such Contributor. Apple retains all rights, title and interest in and
227to the Original Code and any Modifications made by or on behalf of Apple
228("Apple Modifications"), and such Apple Modifications will not be
229automatically subject to this License. Apple may, at its sole discretion,
230choose to license such Apple Modifications under this License, or on different
231terms from those contained in this License or may choose not to license them at
232all.
233
23412. Termination.
235
23612.1 Termination. This License and the rights granted hereunder will terminate:
237
238(a) automatically without notice from Apple if You fail to comply with any term
239(s) of this License and fail to cure such breach within 30 days of becoming
240aware of such breach;
241
242(b) immediately in the event of the circumstances described in Section 13.5(b);
243or
244
245(c) automatically without notice from Apple if You, at any time during the term
246of this License, commence an action for patent infringement against Apple.
247
24812.2 Effect of Termination. Upon termination, You agree to immediately stop any
249further use, reproduction, modification, sublicensing and distribution of the
250Covered Code and to destroy all copies of the Covered Code that are in your
251possession or control. All sublicenses to the Covered Code which have been
252properly granted prior to termination shall survive any termination of this
253License. Provisions which, by their nature, should remain in effect beyond the
254termination of this License shall survive, including but not limited to
255Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
256for compensation, indemnity or damages of any sort solely as a result of
257terminating this License in accordance with its terms, and termination of this
258License will be without prejudice to any other right or remedy of any party.
259
26013. Miscellaneous.
261
26213.1 Government End Users. The Covered Code is a "commercial item" as
263defined in FAR 2.101. Government software and technical data rights in the
264Covered Code include only those rights customarily provided to the public as
265defined in this License. This customary commercial license in technical data
266and software is provided in accordance with FAR 12.211 (Technical Data) and
26712.212 (Computer Software) and, for Department of Defense purchases, DFAR
268252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in
269Commercial Computer Software or Computer Software Documentation). Accordingly,
270all U.S. Government End Users acquire Covered Code with only those rights set
271forth herein.
272
27313.2 Relationship of Parties. This License will not be construed as creating an
274agency, partnership, joint venture or any other form of legal association
275between or amongYou, Apple or any Contributor, and You will not represent to
276the contrary, whether expressly, by implication, appearance or otherwise.
277
27813.3 Independent Development. Nothing in this License will impair Apple's right
279to acquire, license, develop, have others develop for it, market and/or
280distribute technology or products that perform the same or similar functions
281as, or otherwise compete with, Modifications, Larger Works, technology or
282products that You may develop, produce, market or distribute.
283
28413.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any
285provision of this License will not be deemed a waiver of future enforcement of
286that or any other provision. Any law or regulation which provides that the
287language of a contract shall be construed against the drafter will not apply to
288this License.
289
29013.5 Severability. (a) If for any reason a court of competent jurisdiction
291finds any provision of this License, or portion thereof, to be unenforceable,
292that provision of the License will be enforced to the maximum extent
293permissible so as to effect the economic benefits and intent of the parties,
294and the remainder of this License will continue in full force and effect. (b)
295Notwithstanding the foregoing, if applicable law prohibits or restricts You
296from fully and/or specifically complying with Sections 2 and/or 3 or prevents
297the enforceability of either of those Sections, this License will immediately
298terminate and You must immediately discontinue any use of the Covered Code and
299destroy all copies of it that are in your possession or control.
300
30113.6 Dispute Resolution. Any litigation or other dispute resolution between You
302and Apple relating to this License shall take place in the Northern District of
303California, and You and Apple hereby consent to the personal jurisdiction of,
304and venue in, the state and federal courts within that District with respect to
305this License. The application of the United Nations Convention on Contracts for
306the International Sale of Goods is expressly excluded.
307
30813.7 Entire Agreement; Governing Law. This License constitutes the entire
309agreement between the parties with respect to the subject matter hereof. This
310License shall be governed by the laws of the United States and the State of
311California, except that body of California law concerning conflicts of law.
312
313Where You are located in the province of Quebec, Canada, the following clause
314applies: The parties hereby confirm that they have requested that this License
315and all related documents be drafted in English. Les parties ont exigé que le
316présent contrat et tous les documents connexes soient rédigés en anglais.
317
318EXHIBIT A.
319
320"Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights
321Reserved.
322
323This file contains Original Code and/or Modifications of Original Code as
324defined in and that are subject to the Apple Public Source License Version 1.2
325(the 'License'). You may not use this file except in compliance with the
326License. Please obtain a copy of the License at http://www.apple.com/
327publicsource and read it before using this file.
328
329The Original Code and all software distributed under the License are
330distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
331OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
332LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
333PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the
334specific language governing rights and limitations under the License."