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1 | |||
2 | Apple Public Source License Ver. 1.2 | ||
3 | |||
4 | 1. General; Definitions. This License applies to any program or other work | ||
5 | which Apple Computer, Inc. ("Apple") makes publicly available and | ||
6 | which 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 | ||
8 | Apple Public Source License version 1.2 (or subsequent version thereof) | ||
9 | ("License"). As used in this License: | ||
10 | |||
11 | 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is | ||
12 | the grantor of rights, (i) claims of patents that are now or hereafter | ||
13 | acquired, owned by or assigned to Apple and (ii) that cover subject matter | ||
14 | contained in the Original Code, but only to the extent necessary to use, | ||
15 | reproduce and/or distribute the Original Code without infringement; and (b) in | ||
16 | the case where You are the grantor of rights, (i) claims of patents that are | ||
17 | now or hereafter acquired, owned by or assigned to You and (ii) that cover | ||
18 | subject matter in Your Modifications, taken alone or in combination with | ||
19 | Original Code. | ||
20 | |||
21 | 1.2 "Contributor" means any person or entity that creates or | ||
22 | contributes to the creation of Modifications. | ||
23 | |||
24 | 1.3 "Covered Code" means the Original Code, Modifications, the | ||
25 | combination of Original Code and any Modifications, and/or any respective | ||
26 | portions thereof. | ||
27 | |||
28 | 1.4 "Deploy" means to use, sublicense or distribute Covered Code | ||
29 | other than for Your internal research and development (R&D) and/or Personal | ||
30 | Use, and includes without limitation, any and all internal use or distribution | ||
31 | of Covered Code within Your business or organization except for R&D use | ||
32 | and/or Personal Use, as well as direct or indirect sublicensing or distribution | ||
33 | of Covered Code by You to any third party in any form or manner. | ||
34 | |||
35 | 1.5 "Larger Work" means a work which combines Covered Code or | ||
36 | portions thereof with code not governed by the terms of this License. | ||
37 | |||
38 | 1.6 "Modifications" mean any addition to, deletion from, and/or | ||
39 | change to, the substance and/or structure of the Original Code, any previous | ||
40 | Modifications, the combination of Original Code and any previous Modifications, | ||
41 | and/or any respective portions thereof. When code is released as a series of | ||
42 | files, a Modification is: (a) any addition to or deletion from the contents of | ||
43 | a file containing Covered Code; and/or (b) any new file or other representation | ||
44 | of computer program statements that contains any part of Covered Code. | ||
45 | |||
46 | 1.7 "Original Code" means (a) the Source Code of a program or other | ||
47 | work as originally made available by Apple under this License, including the | ||
48 | Source Code of any updates or upgrades to such programs or works made available | ||
49 | by Apple under this License, and that has been expressly identified by Apple as | ||
50 | such in the header file(s) of such work; and (b) the object code compiled from | ||
51 | such Source Code and originally made available by Apple under this License. | ||
52 | |||
53 | 1.8 "Personal Use" means use of Covered Code by an individual solely | ||
54 | for his or her personal, private and non-commercial purposes. An individual's | ||
55 | use of Covered Code in his or her capacity as an officer, employee, member, | ||
56 | independent contractor or agent of a corporation, business or organization | ||
57 | (commercial or non-commercial) does not qualify as Personal Use. | ||
58 | |||
59 | 1.9 "Source Code" means the human readable form of a program or other | ||
60 | work that is suitable for making modifications to it, including all modules it | ||
61 | contains, plus any associated interface definition files, scripts used to | ||
62 | control compilation and installation of an executable (object code). | ||
63 | |||
64 | 1.10 "You" or "Your" means an individual or a legal entity | ||
65 | exercising rights under this License. For legal entities, "You" or | ||
66 | "Your" includes any entity which controls, is controlled by, or is | ||
67 | under common control with, You, where "control" means (a) the power, | ||
68 | direct or indirect, to cause the direction or management of such entity, | ||
69 | whether by contract or otherwise, or (b) ownership of fifty percent (50%) or | ||
70 | more of the outstanding shares or beneficial ownership of such entity. | ||
71 | |||
72 | 2. Permitted Uses; Conditions & Restrictions.Subject to the terms and | ||
73 | conditions of this License, Apple hereby grants You, effective on the date You | ||
74 | accept this License and download the Original Code, a world-wide, royalty-free, | ||
75 | non-exclusive license, to the extent of Apple's Applicable Patent Rights and | ||
76 | copyrights covering the Original Code, to do the following: | ||
77 | |||
78 | 2.1 You may use, reproduce, display, perform, modify and distribute Original | ||
79 | Code, with or without Modifications, solely for Your internal research and | ||
80 | development 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 | ||
83 | and other proprietary notices and disclaimers of Apple as they appear in the | ||
84 | Original Code, and keep intact all notices in the Original Code that refer to | ||
85 | this License; and | ||
86 | |||
87 | (b) You must include a copy of this License with every copy of Source Code of | ||
88 | Covered Code and documentation You distribute, and You may not offer or impose | ||
89 | any terms on such Source Code that alter or restrict this License or the | ||
90 | recipients' rights hereunder, except as permitted under Section 6. | ||
91 | |||
92 | 2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, | ||
93 | provided that in each instance: | ||
94 | |||
95 | (a) You must satisfy all the conditions of Section 2.1 with respect to the | ||
96 | Source Code of the Covered Code; | ||
97 | |||
98 | (b) You must duplicate, to the extent it does not already exist, the notice in | ||
99 | Exhibit A in each file of the Source Code of all Your Modifications, and cause | ||
100 | the modified files to carry prominent notices stating that You changed the | ||
101 | files and the date of any change; | ||
102 | |||
103 | (c) You must make Source Code of all Your Deployed Modifications publicly | ||
104 | available under the terms of this License, including the license grants set | ||
105 | forth 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 | ||
107 | should preferably distribute the Source Code of Your Deployed Modifications | ||
108 | electronically (e.g. download from a web site); and | ||
109 | |||
110 | (d) if You Deploy Covered Code in object code, executable form only, You must | ||
111 | include a prominent notice, in the code itself as well as in related | ||
112 | documentation, stating that Source Code of the Covered Code is available under | ||
113 | the terms of this License with information on how and where to obtain such | ||
114 | Source Code. | ||
115 | |||
116 | 2.3 You expressly acknowledge and agree that although Apple and each | ||
117 | Contributor grants the licenses to their respective portions of the Covered | ||
118 | Code set forth herein, no assurances are provided by Apple or any Contributor | ||
119 | that the Covered Code does not infringe the patent or other intellectual | ||
120 | property rights of any other entity. Apple and each Contributor disclaim any | ||
121 | liability to You for claims brought by any other entity based on infringement | ||
122 | of intellectual property rights or otherwise. As a condition to exercising the | ||
123 | rights and licenses granted hereunder, You hereby assume sole responsibility to | ||
124 | secure any other intellectual property rights needed, if any. For example, if a | ||
125 | third party patent license is required to allow You to distribute the Covered | ||
126 | Code, it is Your responsibility to acquire that license before distributing the | ||
127 | Covered Code. | ||
128 | |||
129 | 3. Your Grants. In consideration of, and as a condition to, the licenses | ||
130 | granted to You under this License: | ||
131 | |||
132 | (a) You hereby grant to Apple and all third parties a non-exclusive, royalty- | ||
133 | free license, under Your Applicable Patent Rights and other intellectual | ||
134 | property rights (other than patent) owned or controlled by You, to use, | ||
135 | reproduce, display, perform, modify, distribute and Deploy Your Modifications | ||
136 | of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; | ||
137 | and | ||
138 | |||
139 | (b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, | ||
140 | royalty-free, perpetual and irrevocable license, under Your Applicable Patent | ||
141 | Rights and other intellectual property rights (other than patent) owned or | ||
142 | controlled by You, to use, reproduce, display, perform, modify or have modified | ||
143 | (for Apple and/or its subsidiaries), sublicense and distribute Your | ||
144 | Modifications, in any form, through multiple tiers of distribution. | ||
145 | |||
146 | 4. Larger Works. You may create a Larger Work by combining Covered Code with | ||
147 | other code not governed by the terms of this License and distribute the Larger | ||
148 | Work as a single product. In each such instance, You must make sure the | ||
149 | requirements of this License are fulfilled for the Covered Code or any portion | ||
150 | thereof. | ||
151 | |||
152 | 5. Limitations on Patent License. Except as expressly stated in Section 2, no | ||
153 | other patent rights, express or implied, are granted by Apple herein. | ||
154 | Modifications and/or Larger Works may require additional patent licenses from | ||
155 | Apple which Apple may grant in its sole discretion. | ||
156 | |||
157 | 6. Additional Terms. You may choose to offer, and to charge a fee for, | ||
158 | warranty, support, indemnity or liability obligations and/or other rights | ||
159 | consistent with the scope of the license granted herein ("Additional | ||
160 | Terms") to one or more recipients of Covered Code. However, You may do so | ||
161 | only on Your own behalf and as Your sole responsibility, and not on behalf of | ||
162 | Apple or any Contributor. You must obtain the recipient's agreement that any | ||
163 | such Additional Terms are offered by You alone, and You hereby agree to | ||
164 | indemnify, defend and hold Apple and every Contributor harmless for any | ||
165 | liability incurred by or claims asserted against Apple or such Contributor by | ||
166 | reason of any such Additional Terms. | ||
167 | |||
168 | 7. Versions of the License. Apple may publish revised and/or new versions of | ||
169 | this License from time to time. Each version will be given a distinguishing | ||
170 | version number. Once Original Code has been published under a particular | ||
171 | version of this License, You may continue to use it under the terms of that | ||
172 | version. You may also choose to use such Original Code under the terms of any | ||
173 | subsequent version of this License published by Apple. No one other than Apple | ||
174 | has the right to modify the terms applicable to Covered Code created under this | ||
175 | License. | ||
176 | |||
177 | 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part | ||
178 | pre-release, untested, or not fully tested works. The Covered Code may contain | ||
179 | errors that could cause failures or loss of data, and may be incomplete or | ||
180 | contain inaccuracies. You expressly acknowledge and agree that use of the | ||
181 | Covered Code, or any portion thereof, is at Your sole and entire risk. THE | ||
182 | COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR | ||
183 | SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO | ||
184 | AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS | ||
185 | EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, | ||
186 | INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF | ||
187 | MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, | ||
188 | OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. | ||
189 | APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR | ||
190 | ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE | ||
191 | WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE | ||
192 | UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE | ||
193 | CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE | ||
194 | AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You | ||
195 | acknowledge that the Covered Code is not intended for use in the operation of | ||
196 | nuclear facilities, aircraft navigation, communication systems, or air traffic | ||
197 | control machines in which case the failure of the Covered Code could lead to | ||
198 | death, personal injury, or severe physical or environmental damage. | ||
199 | |||
200 | 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT | ||
201 | SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT | ||
202 | OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE | ||
203 | OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A | ||
204 | THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY | ||
205 | OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE | ||
206 | POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL | ||
207 | PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF | ||
208 | LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT | ||
209 | APPLY 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 | ||
211 | amount of fifty dollars ($50.00). | ||
212 | |||
213 | 10. Trademarks. This License does not grant any rights to use the trademarks or | ||
214 | trade names "Apple", "Apple Computer", "Mac OS | ||
215 | X", "Mac OS X Server", "QuickTime", "QuickTime | ||
216 | Streaming Server" or any other trademarks or trade names belonging to | ||
217 | Apple (collectively "Apple Marks") or to any trademark or trade name | ||
218 | belonging to any Contributor. No Apple Marks may be used to endorse or promote | ||
219 | products derived from the Original Code other than as permitted by and in | ||
220 | strict compliance at all times with Apple's third party trademark usage | ||
221 | guidelines which are posted at http://www.apple.com/legal/ | ||
222 | guidelinesfor3rdparties.html. | ||
223 | |||
224 | 11. Ownership. Subject to the licenses granted under this License, each | ||
225 | Contributor retains all rights, title and interest in and to any Modifications | ||
226 | made by such Contributor. Apple retains all rights, title and interest in and | ||
227 | to the Original Code and any Modifications made by or on behalf of Apple | ||
228 | ("Apple Modifications"), and such Apple Modifications will not be | ||
229 | automatically subject to this License. Apple may, at its sole discretion, | ||
230 | choose to license such Apple Modifications under this License, or on different | ||
231 | terms from those contained in this License or may choose not to license them at | ||
232 | all. | ||
233 | |||
234 | 12. Termination. | ||
235 | |||
236 | 12.1 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 | ||
240 | aware of such breach; | ||
241 | |||
242 | (b) immediately in the event of the circumstances described in Section 13.5(b); | ||
243 | or | ||
244 | |||
245 | (c) automatically without notice from Apple if You, at any time during the term | ||
246 | of this License, commence an action for patent infringement against Apple. | ||
247 | |||
248 | 12.2 Effect of Termination. Upon termination, You agree to immediately stop any | ||
249 | further use, reproduction, modification, sublicensing and distribution of the | ||
250 | Covered Code and to destroy all copies of the Covered Code that are in your | ||
251 | possession or control. All sublicenses to the Covered Code which have been | ||
252 | properly granted prior to termination shall survive any termination of this | ||
253 | License. Provisions which, by their nature, should remain in effect beyond the | ||
254 | termination of this License shall survive, including but not limited to | ||
255 | Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other | ||
256 | for compensation, indemnity or damages of any sort solely as a result of | ||
257 | terminating this License in accordance with its terms, and termination of this | ||
258 | License will be without prejudice to any other right or remedy of any party. | ||
259 | |||
260 | 13. Miscellaneous. | ||
261 | |||
262 | 13.1 Government End Users. The Covered Code is a "commercial item" as | ||
263 | defined in FAR 2.101. Government software and technical data rights in the | ||
264 | Covered Code include only those rights customarily provided to the public as | ||
265 | defined in this License. This customary commercial license in technical data | ||
266 | and software is provided in accordance with FAR 12.211 (Technical Data) and | ||
267 | 12.212 (Computer Software) and, for Department of Defense purchases, DFAR | ||
268 | 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in | ||
269 | Commercial Computer Software or Computer Software Documentation). Accordingly, | ||
270 | all U.S. Government End Users acquire Covered Code with only those rights set | ||
271 | forth herein. | ||
272 | |||
273 | 13.2 Relationship of Parties. This License will not be construed as creating an | ||
274 | agency, partnership, joint venture or any other form of legal association | ||
275 | between or amongYou, Apple or any Contributor, and You will not represent to | ||
276 | the contrary, whether expressly, by implication, appearance or otherwise. | ||
277 | |||
278 | 13.3 Independent Development. Nothing in this License will impair Apple's right | ||
279 | to acquire, license, develop, have others develop for it, market and/or | ||
280 | distribute technology or products that perform the same or similar functions | ||
281 | as, or otherwise compete with, Modifications, Larger Works, technology or | ||
282 | products that You may develop, produce, market or distribute. | ||
283 | |||
284 | 13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any | ||
285 | provision of this License will not be deemed a waiver of future enforcement of | ||
286 | that or any other provision. Any law or regulation which provides that the | ||
287 | language of a contract shall be construed against the drafter will not apply to | ||
288 | this License. | ||
289 | |||
290 | 13.5 Severability. (a) If for any reason a court of competent jurisdiction | ||
291 | finds any provision of this License, or portion thereof, to be unenforceable, | ||
292 | that provision of the License will be enforced to the maximum extent | ||
293 | permissible so as to effect the economic benefits and intent of the parties, | ||
294 | and the remainder of this License will continue in full force and effect. (b) | ||
295 | Notwithstanding the foregoing, if applicable law prohibits or restricts You | ||
296 | from fully and/or specifically complying with Sections 2 and/or 3 or prevents | ||
297 | the enforceability of either of those Sections, this License will immediately | ||
298 | terminate and You must immediately discontinue any use of the Covered Code and | ||
299 | destroy all copies of it that are in your possession or control. | ||
300 | |||
301 | 13.6 Dispute Resolution. Any litigation or other dispute resolution between You | ||
302 | and Apple relating to this License shall take place in the Northern District of | ||
303 | California, and You and Apple hereby consent to the personal jurisdiction of, | ||
304 | and venue in, the state and federal courts within that District with respect to | ||
305 | this License. The application of the United Nations Convention on Contracts for | ||
306 | the International Sale of Goods is expressly excluded. | ||
307 | |||
308 | 13.7 Entire Agreement; Governing Law. This License constitutes the entire | ||
309 | agreement between the parties with respect to the subject matter hereof. This | ||
310 | License shall be governed by the laws of the United States and the State of | ||
311 | California, except that body of California law concerning conflicts of law. | ||
312 | |||
313 | Where You are located in the province of Quebec, Canada, the following clause | ||
314 | applies: The parties hereby confirm that they have requested that this License | ||
315 | and all related documents be drafted in English. Les parties ont exigé que le | ||
316 | présent contrat et tous les documents connexes soient rédigés en anglais. | ||
317 | |||
318 | EXHIBIT A. | ||
319 | |||
320 | "Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights | ||
321 | Reserved. | ||
322 | |||
323 | This file contains Original Code and/or Modifications of Original Code as | ||
324 | defined 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 | ||
326 | License. Please obtain a copy of the License at http://www.apple.com/ | ||
327 | publicsource and read it before using this file. | ||
328 | |||
329 | The Original Code and all software distributed under the License are | ||
330 | distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS | ||
331 | OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT | ||
332 | LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
333 | PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the | ||
334 | specific language governing rights and limitations under the License." | ||