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1 | |||
2 | APPLE PUBLIC SOURCE LICENSE | ||
3 | Version 2.0 - August 6, 2003 | ||
4 | |||
5 | Please read this License carefully before downloading this software. By | ||
6 | downloading or using this software, you are agreeing to be bound by the terms | ||
7 | of this License. If you do not or cannot agree to the terms of this License, | ||
8 | please do not download or use the software. | ||
9 | |||
10 | Apple Note: In January 2007, Apple changed its corporate name from "Apple | ||
11 | Computer, Inc." to "Apple Inc." This change has been reflected | ||
12 | below and copyright years updated, but no other changes have been made to the | ||
13 | APSL 2.0. | ||
14 | |||
15 | 1. General; Definitions. This License applies to any program or other work | ||
16 | which Apple Inc. ("Apple") makes publicly available and which | ||
17 | contains a notice placed by Apple identifying such program or work as | ||
18 | "Original Code" and stating that it is subject to the terms of this | ||
19 | Apple Public Source License version 2.0 ("License"). As used in this | ||
20 | License: | ||
21 | |||
22 | 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is | ||
23 | the grantor of rights, (i) claims of patents that are now or hereafter | ||
24 | acquired, owned by or assigned to Apple and (ii) that cover subject matter | ||
25 | contained in the Original Code, but only to the extent necessary to use, | ||
26 | reproduce and/or distribute the Original Code without infringement; and (b) in | ||
27 | the case where You are the grantor of rights, (i) claims of patents that are | ||
28 | now or hereafter acquired, owned by or assigned to You and (ii) that cover | ||
29 | subject matter in Your Modifications, taken alone or in combination with | ||
30 | Original Code. | ||
31 | |||
32 | 1.2 "Contributor" means any person or entity that creates or | ||
33 | contributes to the creation of Modifications. | ||
34 | |||
35 | 1.3 "Covered Code" means the Original Code, Modifications, the | ||
36 | combination of Original Code and any Modifications, and/or any respective | ||
37 | portions thereof. | ||
38 | |||
39 | 1.4 "Externally Deploy" means: (a) to sublicense, distribute or | ||
40 | otherwise make Covered Code available, directly or indirectly, to anyone other | ||
41 | than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in | ||
42 | any way to provide a service, including but not limited to delivery of content, | ||
43 | through electronic communication with a client other than You. | ||
44 | |||
45 | 1.5 "Larger Work" means a work which combines Covered Code or | ||
46 | portions thereof with code not governed by the terms of this License. | ||
47 | |||
48 | 1.6 "Modifications" mean any addition to, deletion from, and/or | ||
49 | change to, the substance and/or structure of the Original Code, any previous | ||
50 | Modifications, the combination of Original Code and any previous Modifications, | ||
51 | and/or any respective portions thereof. When code is released as a series of | ||
52 | files, a Modification is: (a) any addition to or deletion from the contents of | ||
53 | a file containing Covered Code; and/or (b) any new file or other representation | ||
54 | of computer program statements that contains any part of Covered Code. | ||
55 | |||
56 | 1.7 "Original Code" means (a) the Source Code of a program or other | ||
57 | work as originally made available by Apple under this License, including the | ||
58 | Source Code of any updates or upgrades to such programs or works made available | ||
59 | by Apple under this License, and that has been expressly identified by Apple as | ||
60 | such in the header file(s) of such work; and (b) the object code compiled from | ||
61 | such Source Code and originally made available by Apple under this License | ||
62 | |||
63 | 1.8 "Source Code" means the human readable form of a program or other | ||
64 | work that is suitable for making modifications to it, including all modules it | ||
65 | contains, plus any associated interface definition files, scripts used to | ||
66 | control compilation and installation of an executable (object code). | ||
67 | |||
68 | 1.9 "You" or "Your" means an individual or a legal entity | ||
69 | exercising rights under this License. For legal entities, "You" or | ||
70 | "Your" includes any entity which controls, is controlled by, or is | ||
71 | under common control with, You, where "control" means (a) the power, | ||
72 | direct or indirect, to cause the direction or management of such entity, | ||
73 | whether by contract or otherwise, or (b) ownership of fifty percent (50%) or | ||
74 | more of the outstanding shares or beneficial ownership of such entity. | ||
75 | |||
76 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms and | ||
77 | conditions of this License, Apple hereby grants You, effective on the date You | ||
78 | accept this License and download the Original Code, a world-wide, royalty-free, | ||
79 | non-exclusive license, to the extent of Apple's Applicable Patent Rights and | ||
80 | copyrights covering the Original Code, to do the following: | ||
81 | |||
82 | 2.1 Unmodified Code. You may use, reproduce, display, perform, internally | ||
83 | distribute within Your organization, and Externally Deploy verbatim, unmodified | ||
84 | copies of the Original Code, for commercial or non-commercial purposes, | ||
85 | provided that in each instance: | ||
86 | |||
87 | (a) You must retain and reproduce in all copies of Original Code the copyright | ||
88 | and other proprietary notices and disclaimers of Apple as they appear in the | ||
89 | Original Code, and keep intact all notices in the Original Code that refer to | ||
90 | this License; and | ||
91 | |||
92 | (b) You must include a copy of this License with every copy of Source Code of | ||
93 | Covered Code and documentation You distribute or Externally Deploy, and You may | ||
94 | not offer or impose any terms on such Source Code that alter or restrict this | ||
95 | License or the recipients' rights hereunder, except as permitted under Section | ||
96 | 6. | ||
97 | |||
98 | 2.2 Modified Code. You may modify Covered Code and use, reproduce, display, | ||
99 | perform, internally distribute within Your organization, and Externally Deploy | ||
100 | Your Modifications and Covered Code, for commercial or non-commercial purposes, | ||
101 | provided that in each instance You also meet all of these conditions: | ||
102 | |||
103 | (a) You must satisfy all the conditions of Section 2.1 with respect to the | ||
104 | Source Code of the Covered Code; | ||
105 | |||
106 | (b) You must duplicate, to the extent it does not already exist, the notice in | ||
107 | Exhibit A in each file of the Source Code of all Your Modifications, and cause | ||
108 | the modified files to carry prominent notices stating that You changed the | ||
109 | files and the date of any change; and | ||
110 | |||
111 | (c) If You Externally Deploy Your Modifications, You must make Source Code of | ||
112 | all Your Externally Deployed Modifications either available to those to whom | ||
113 | You have Externally Deployed Your Modifications, or publicly available. Source | ||
114 | Code of Your Externally Deployed Modifications must be released under the terms | ||
115 | set forth in this License, including the license grants set forth in Section 3 | ||
116 | below, for as long as you Externally Deploy the Covered Code or twelve (12) | ||
117 | months from the date of initial External Deployment, whichever is longer. You | ||
118 | should preferably distribute the Source Code of Your Externally Deployed | ||
119 | Modifications electronically (e.g. download from a web site). | ||
120 | |||
121 | 2.3 Distribution of Executable Versions. In addition, if You Externally Deploy | ||
122 | Covered Code (Original Code and/or Modifications) in object code, executable | ||
123 | form only, You must include a prominent notice, in the code itself as well as | ||
124 | in related documentation, stating that Source Code of the Covered Code is | ||
125 | available under the terms of this License with information on how and where to | ||
126 | obtain such Source Code. | ||
127 | |||
128 | 2.4 Third Party Rights. You expressly acknowledge and agree that although Apple | ||
129 | and each Contributor grants the licenses to their respective portions of the | ||
130 | Covered Code set forth herein, no assurances are provided by Apple or any | ||
131 | Contributor that the Covered Code does not infringe the patent or other | ||
132 | intellectual property rights of any other entity. Apple and each Contributor | ||
133 | disclaim any liability to You for claims brought by any other entity based on | ||
134 | infringement of intellectual property rights or otherwise. As a condition to | ||
135 | exercising the rights and licenses granted hereunder, You hereby assume sole | ||
136 | responsibility to secure any other intellectual property rights needed, if any. | ||
137 | For example, if a third party patent license is required to allow You to | ||
138 | distribute the Covered Code, it is Your responsibility to acquire that license | ||
139 | before distributing the Covered Code. | ||
140 | |||
141 | 3. Your Grants. In consideration of, and as a condition to, the licenses | ||
142 | granted to You under this License, You hereby grant to any person or entity | ||
143 | receiving or distributing Covered Code under this License a non-exclusive, | ||
144 | royalty-free, perpetual, irrevocable license, under Your Applicable Patent | ||
145 | Rights and other intellectual property rights (other than patent) owned or | ||
146 | controlled by You, to use, reproduce, display, perform, modify, sublicense, | ||
147 | distribute and Externally Deploy Your Modifications of the same scope and | ||
148 | extent as Apple's licenses under Sections 2.1 and 2.2 above. | ||
149 | |||
150 | 4. Larger Works. You may create a Larger Work by combining Covered Code with | ||
151 | other code not governed by the terms of this License and distribute the Larger | ||
152 | Work as a single product. In each such instance, You must make sure the | ||
153 | requirements of this License are fulfilled for the Covered Code or any portion | ||
154 | thereof. | ||
155 | |||
156 | 5. Limitations on Patent License. Except as expressly stated in Section 2, no | ||
157 | other patent rights, express or implied, are granted by Apple herein. | ||
158 | Modifications and/or Larger Works may require additional patent licenses from | ||
159 | Apple which Apple may grant in its sole discretion. | ||
160 | |||
161 | 6. Additional Terms. You may choose to offer, and to charge a fee for, | ||
162 | warranty, support, indemnity or liability obligations and/or other rights | ||
163 | consistent with the scope of the license granted herein ("Additional | ||
164 | Terms") to one or more recipients of Covered Code. However, You may do so | ||
165 | only on Your own behalf and as Your sole responsibility, and not on behalf of | ||
166 | Apple or any Contributor. You must obtain the recipient's agreement that any | ||
167 | such Additional Terms are offered by You alone, and You hereby agree to | ||
168 | indemnify, defend and hold Apple and every Contributor harmless for any | ||
169 | liability incurred by or claims asserted against Apple or such Contributor by | ||
170 | reason of any such Additional Terms. | ||
171 | |||
172 | 7. Versions of the License. Apple may publish revised and/or new versions of | ||
173 | this License from time to time. Each version will be given a distinguishing | ||
174 | version number. Once Original Code has been published under a particular | ||
175 | version of this License, You may continue to use it under the terms of that | ||
176 | version. You may also choose to use such Original Code under the terms of any | ||
177 | subsequent version of this License published by Apple. No one other than Apple | ||
178 | has the right to modify the terms applicable to Covered Code created under this | ||
179 | License. | ||
180 | |||
181 | 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part | ||
182 | pre-release, untested, or not fully tested works. The Covered Code may contain | ||
183 | errors that could cause failures or loss of data, and may be incomplete or | ||
184 | contain inaccuracies. You expressly acknowledge and agree that use of the | ||
185 | Covered Code, or any portion thereof, is at Your sole and entire risk. THE | ||
186 | COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR | ||
187 | SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO | ||
188 | AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS | ||
189 | EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, | ||
190 | INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF | ||
191 | MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, | ||
192 | OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. | ||
193 | APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR | ||
194 | ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE | ||
195 | WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE | ||
196 | UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE | ||
197 | CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE | ||
198 | AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You | ||
199 | acknowledge that the Covered Code is not intended for use in the operation of | ||
200 | nuclear facilities, aircraft navigation, communication systems, or air traffic | ||
201 | control machines in which case the failure of the Covered Code could lead to | ||
202 | death, personal injury, or severe physical or environmental damage. | ||
203 | |||
204 | 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT | ||
205 | SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT | ||
206 | OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE | ||
207 | OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A | ||
208 | THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY | ||
209 | OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE | ||
210 | POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL | ||
211 | PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF | ||
212 | LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT | ||
213 | APPLY TO YOU. In no event shall Apple's total liability to You for all damages | ||
214 | (other than as may be required by applicable law) under this License exceed the | ||
215 | amount of fifty dollars ($50.00). | ||
216 | |||
217 | 10. Trademarks. This License does not grant any rights to use the trademarks or | ||
218 | trade names "Apple", "Mac", "Mac OS", | ||
219 | "QuickTime", "QuickTime Streaming Server" or any other | ||
220 | trademarks, service marks, logos or trade names belonging to Apple | ||
221 | (collectively "Apple Marks") or to any trademark, service mark, logo | ||
222 | or trade name belonging to any Contributor. You agree not to use any Apple | ||
223 | Marks in or as part of the name of products derived from the Original Code or | ||
224 | to endorse or promote products derived from the Original Code other than as | ||
225 | expressly permitted by and in strict compliance at all times with Apple's third | ||
226 | party trademark usage guidelines which are posted at http://www.apple.com/ | ||
227 | legal/guidelinesfor3rdparties.html. | ||
228 | |||
229 | 11. Ownership. Subject to the licenses granted under this License, each | ||
230 | Contributor retains all rights, title and interest in and to any Modifications | ||
231 | made by such Contributor. Apple retains all rights, title and interest in and | ||
232 | to the Original Code and any Modifications made by or on behalf of Apple | ||
233 | ("Apple Modifications"), and such Apple Modifications will not be | ||
234 | automatically subject to this License. Apple may, at its sole discretion, | ||
235 | choose to license such Apple Modifications under this License, or on different | ||
236 | terms from those contained in this License or may choose not to license them at | ||
237 | all. | ||
238 | |||
239 | 12. Termination. | ||
240 | |||
241 | 12.1 Termination. This License and the rights granted hereunder will terminate: | ||
242 | |||
243 | (a) automatically without notice from Apple if You fail to comply with any term | ||
244 | (s) of this License and fail to cure such breach within 30 days of becoming | ||
245 | aware of such breach; | ||
246 | (b) immediately in the event of the circumstances described in Section 13.5(b); | ||
247 | or | ||
248 | (c) automatically without notice from Apple if You, at any time during the term | ||
249 | of this License, commence an action for patent infringement against Apple; | ||
250 | provided that Apple did not first commence an action for patent infringement | ||
251 | against You in that instance. | ||
252 | |||
253 | 12.2 Effect of Termination. Upon termination, You agree to immediately stop any | ||
254 | further use, reproduction, modification, sublicensing and distribution of the | ||
255 | Covered Code. All sublicenses to the Covered Code which have been properly | ||
256 | granted prior to termination shall survive any termination of this License. | ||
257 | Provisions which, by their nature, should remain in effect beyond the | ||
258 | termination of this License shall survive, including but not limited to | ||
259 | Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other | ||
260 | for compensation, indemnity or damages of any sort solely as a result of | ||
261 | terminating this License in accordance with its terms, and termination of this | ||
262 | License will be without prejudice to any other right or remedy of any party. | ||
263 | |||
264 | 13. Miscellaneous. | ||
265 | |||
266 | 13.1 Government End Users. The Covered Code is a "commercial item" as | ||
267 | defined in FAR 2.101. Government software and technical data rights in the | ||
268 | Covered Code include only those rights customarily provided to the public as | ||
269 | defined in this License. This customary commercial license in technical data | ||
270 | and software is provided in accordance with FAR 12.211 (Technical Data) and | ||
271 | 12.212 (Computer Software) and, for Department of Defense purchases, DFAR | ||
272 | 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in | ||
273 | Commercial Computer Software or Computer Software Documentation). Accordingly, | ||
274 | all U.S. Government End Users acquire Covered Code with only those rights set | ||
275 | forth herein. | ||
276 | |||
277 | 13.2 Relationship of Parties. This License will not be construed as creating an | ||
278 | agency, partnership, joint venture or any other form of legal association | ||
279 | between or among You, Apple or any Contributor, and You will not represent to | ||
280 | the contrary, whether expressly, by implication, appearance or otherwise. | ||
281 | |||
282 | 13.3 Independent Development. Nothing in this License will impair Apple's right | ||
283 | to acquire, license, develop, have others develop for it, market and/or | ||
284 | distribute technology or products that perform the same or similar functions | ||
285 | as, or otherwise compete with, Modifications, Larger Works, technology or | ||
286 | products that You may develop, produce, market or distribute. | ||
287 | |||
288 | 13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any | ||
289 | provision of this License will not be deemed a waiver of future enforcement of | ||
290 | that or any other provision. Any law or regulation which provides that the | ||
291 | language of a contract shall be construed against the drafter will not apply to | ||
292 | this License. | ||
293 | |||
294 | 13.5 Severability. (a) If for any reason a court of competent jurisdiction | ||
295 | finds any provision of this License, or portion thereof, to be unenforceable, | ||
296 | that provision of the License will be enforced to the maximum extent | ||
297 | permissible so as to effect the economic benefits and intent of the parties, | ||
298 | and the remainder of this License will continue in full force and effect. (b) | ||
299 | Notwithstanding the foregoing, if applicable law prohibits or restricts You | ||
300 | from fully and/or specifically complying with Sections 2 and/or 3 or prevents | ||
301 | the enforceability of either of those Sections, this License will immediately | ||
302 | terminate and You must immediately discontinue any use of the Covered Code and | ||
303 | destroy all copies of it that are in your possession or control. | ||
304 | |||
305 | 13.6 Dispute Resolution. Any litigation or other dispute resolution between You | ||
306 | and Apple relating to this License shall take place in the Northern District of | ||
307 | California, and You and Apple hereby consent to the personal jurisdiction of, | ||
308 | and venue in, the state and federal courts within that District with respect to | ||
309 | this License. The application of the United Nations Convention on Contracts for | ||
310 | the International Sale of Goods is expressly excluded. | ||
311 | |||
312 | 13.7 Entire Agreement; Governing Law. This License constitutes the entire | ||
313 | agreement between the parties with respect to the subject matter hereof. This | ||
314 | License shall be governed by the laws of the United States and the State of | ||
315 | California, except that body of California law concerning conflicts of law. | ||
316 | |||
317 | Where You are located in the province of Quebec, Canada, the following clause | ||
318 | applies: The parties hereby confirm that they have requested that this License | ||
319 | and all related documents be drafted in English. Les parties ont exigé que le | ||
320 | présent contrat et tous les documents connexes soient rédigés en anglais. | ||
321 | |||
322 | EXHIBIT A. | ||
323 | |||
324 | "Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved. | ||
325 | |||
326 | This file contains Original Code and/or Modifications of Original Code as | ||
327 | defined in and that are subject to the Apple Public Source License Version 2.0 | ||
328 | (the 'License'). You may not use this file except in compliance with the | ||
329 | License. Please obtain a copy of the License at http:// | ||
330 | www.opensource.apple.com/apsl/ and read it before using this file. | ||
331 | |||
332 | The Original Code and all software distributed under the License are | ||
333 | distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS | ||
334 | OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT | ||
335 | LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
336 | PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the | ||
337 | specific language governing rights and limitations under the License." | ||