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1
2APPLE PUBLIC SOURCE LICENSE
3Version 2.0 - August 6, 2003
4
5Please read this License carefully before downloading this software. By
6downloading or using this software, you are agreeing to be bound by the terms
7of this License. If you do not or cannot agree to the terms of this License,
8please do not download or use the software.
9
10Apple Note: In January 2007, Apple changed its corporate name from "Apple
11Computer, Inc." to "Apple Inc." This change has been reflected
12below and copyright years updated, but no other changes have been made to the
13APSL 2.0.
14
151. General; Definitions. This License applies to any program or other work
16which Apple Inc. ("Apple") makes publicly available and which
17contains 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
19Apple Public Source License version 2.0 ("License"). As used in this
20License:
21
221.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
23the grantor of rights, (i) claims of patents that are now or hereafter
24acquired, owned by or assigned to Apple and (ii) that cover subject matter
25contained in the Original Code, but only to the extent necessary to use,
26reproduce and/or distribute the Original Code without infringement; and (b) in
27the case where You are the grantor of rights, (i) claims of patents that are
28now or hereafter acquired, owned by or assigned to You and (ii) that cover
29subject matter in Your Modifications, taken alone or in combination with
30Original Code.
31
321.2 "Contributor" means any person or entity that creates or
33contributes to the creation of Modifications.
34
351.3 "Covered Code" means the Original Code, Modifications, the
36combination of Original Code and any Modifications, and/or any respective
37portions thereof.
38
391.4 "Externally Deploy" means: (a) to sublicense, distribute or
40otherwise make Covered Code available, directly or indirectly, to anyone other
41than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in
42any way to provide a service, including but not limited to delivery of content,
43through electronic communication with a client other than You.
44
451.5 "Larger Work" means a work which combines Covered Code or
46portions thereof with code not governed by the terms of this License.
47
481.6 "Modifications" mean any addition to, deletion from, and/or
49change to, the substance and/or structure of the Original Code, any previous
50Modifications, the combination of Original Code and any previous Modifications,
51and/or any respective portions thereof. When code is released as a series of
52files, a Modification is: (a) any addition to or deletion from the contents of
53a file containing Covered Code; and/or (b) any new file or other representation
54of computer program statements that contains any part of Covered Code.
55
561.7 "Original Code" means (a) the Source Code of a program or other
57work as originally made available by Apple under this License, including the
58Source Code of any updates or upgrades to such programs or works made available
59by Apple under this License, and that has been expressly identified by Apple as
60such in the header file(s) of such work; and (b) the object code compiled from
61such Source Code and originally 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 modules it
65contains, plus any associated interface definition files, scripts used to
66control compilation and installation of an executable (object code).
67
681.9 "You" or "Your" means an individual or a legal entity
69exercising rights under this License. For legal entities, "You" or
70"Your" includes any entity which controls, is controlled by, or is
71under common control with, You, where "control" means (a) the power,
72direct or indirect, to cause the direction or management of such entity,
73whether by contract or otherwise, or (b) ownership of fifty percent (50%) or
74more of the outstanding shares or beneficial ownership of such entity.
75
762. Permitted Uses; Conditions & Restrictions. Subject to the terms and
77conditions of this License, Apple hereby grants You, effective on the date You
78accept this License and download the Original Code, a world-wide, royalty-free,
79non-exclusive license, to the extent of Apple's Applicable Patent Rights and
80copyrights covering the Original Code, to do the following:
81
822.1 Unmodified Code. You may use, reproduce, display, perform, internally
83distribute within Your organization, and Externally Deploy verbatim, unmodified
84copies of the Original Code, for commercial or non-commercial purposes,
85provided that in each instance:
86
87(a) You must retain and reproduce in all copies of Original Code the copyright
88and other proprietary notices and disclaimers of Apple as they appear in the
89Original Code, and keep intact all notices in the Original Code that refer to
90this License; and
91
92(b) You must include a copy of this License with every copy of Source Code of
93Covered Code and documentation You distribute or Externally Deploy, and You may
94not offer or impose any terms on such Source Code that alter or restrict this
95License or the recipients' rights hereunder, except as permitted under Section
966.
97
982.2 Modified Code. You may modify Covered Code and use, reproduce, display,
99perform, internally distribute within Your organization, and Externally Deploy
100Your Modifications and Covered Code, for commercial or non-commercial purposes,
101provided 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
104Source Code of the Covered Code;
105
106(b) You must duplicate, to the extent it does not already exist, the notice in
107Exhibit A in each file of the Source Code of all Your Modifications, and cause
108the modified files to carry prominent notices stating that You changed the
109files and the date of any change; and
110
111(c) If You Externally Deploy Your Modifications, You must make Source Code of
112all Your Externally Deployed Modifications either available to those to whom
113You have Externally Deployed Your Modifications, or publicly available. Source
114Code of Your Externally Deployed Modifications must be released under the terms
115set forth in this License, including the license grants set forth in Section 3
116below, for as long as you Externally Deploy the Covered Code or twelve (12)
117months from the date of initial External Deployment, whichever is longer. You
118should preferably distribute the Source Code of Your Externally Deployed
119Modifications electronically (e.g. download from a web site).
120
1212.3 Distribution of Executable Versions. In addition, if You Externally Deploy
122Covered Code (Original Code and/or Modifications) in object code, executable
123form only, You must include a prominent notice, in the code itself as well as
124in related documentation, stating that Source Code of the Covered Code is
125available under the terms of this License with information on how and where to
126obtain such Source Code.
127
1282.4 Third Party Rights. You expressly acknowledge and agree that although Apple
129and each Contributor grants the licenses to their respective portions of the
130Covered Code set forth herein, no assurances are provided by Apple or any
131Contributor that the Covered Code does not infringe the patent or other
132intellectual property rights of any other entity. Apple and each Contributor
133disclaim any liability to You for claims brought by any other entity based on
134infringement of intellectual property rights or otherwise. As a condition to
135exercising the rights and licenses granted hereunder, You hereby assume sole
136responsibility to secure any other intellectual property rights needed, if any.
137For example, if a third party patent license is required to allow You to
138distribute the Covered Code, it is Your responsibility to acquire that license
139before distributing the Covered Code.
140
1413. Your Grants. In consideration of, and as a condition to, the licenses
142granted to You under this License, You hereby grant to any person or entity
143receiving or distributing Covered Code under this License a non-exclusive,
144royalty-free, perpetual, irrevocable license, under Your Applicable Patent
145Rights and other intellectual property rights (other than patent) owned or
146controlled by You, to use, reproduce, display, perform, modify, sublicense,
147distribute and Externally Deploy Your Modifications of the same scope and
148extent as Apple's licenses under Sections 2.1 and 2.2 above.
149
1504. Larger Works. You may create a Larger Work by combining Covered Code with
151other code not governed by the terms of this License and distribute the Larger
152Work as a single product. In each such instance, You must make sure the
153requirements of this License are fulfilled for the Covered Code or any portion
154thereof.
155
1565. Limitations on Patent License. Except as expressly stated in Section 2, no
157other patent rights, express or implied, are granted by Apple herein.
158Modifications and/or Larger Works may require additional patent licenses from
159Apple which Apple may grant in its sole discretion.
160
1616. Additional Terms. You may choose to offer, and to charge a fee for,
162warranty, support, indemnity or liability obligations and/or other rights
163consistent with the scope of the license granted herein ("Additional
164Terms") to one or more recipients of Covered Code. However, You may do so
165only on Your own behalf and as Your sole responsibility, and not on behalf of
166Apple or any Contributor. You must obtain the recipient's agreement that any
167such Additional Terms are offered by You alone, and You hereby agree to
168indemnify, defend and hold Apple and every Contributor harmless for any
169liability incurred by or claims asserted against Apple or such Contributor by
170reason of any such Additional Terms.
171
1727. Versions of the License. Apple may publish revised and/or new versions of
173this License from time to time. Each version will be given a distinguishing
174version number. Once Original Code has been published under a particular
175version of this License, You may continue to use it under the terms of that
176version. You may also choose to use such Original Code under the terms of any
177subsequent version of this License published by Apple. No one other than Apple
178has the right to modify the terms applicable to Covered Code created under this
179License.
180
1818. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
182pre-release, untested, or not fully tested works. The Covered Code may contain
183errors that could cause failures or loss of data, and may be incomplete or
184contain inaccuracies. You expressly acknowledge and agree that use of the
185Covered Code, or any portion thereof, is at Your sole and entire risk. THE
186COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR
187SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO
188AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS
189EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
190INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
191MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
192OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
193APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
194ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE
195WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE
196UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE
197CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
198AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You
199acknowledge that the Covered Code is not intended for use in the operation of
200nuclear facilities, aircraft navigation, communication systems, or air traffic
201control machines in which case the failure of the Covered Code could lead to
202death, personal injury, or severe physical or environmental damage.
203
2049. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
205SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
206OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE
207OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A
208THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
209OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE
210POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
211PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
212LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
213APPLY 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
215amount of fifty dollars ($50.00).
216
21710. Trademarks. This License does not grant any rights to use the trademarks or
218trade names "Apple", "Mac", "Mac OS",
219"QuickTime", "QuickTime Streaming Server" or any other
220trademarks, service marks, logos or trade names belonging to Apple
221(collectively "Apple Marks") or to any trademark, service mark, logo
222or trade name belonging to any Contributor. You agree not to use any Apple
223Marks in or as part of the name of products derived from the Original Code or
224to endorse or promote products derived from the Original Code other than as
225expressly permitted by and in strict compliance at all times with Apple's third
226party trademark usage guidelines which are posted at http://www.apple.com/
227legal/guidelinesfor3rdparties.html.
228
22911. Ownership. Subject to the licenses granted under this License, each
230Contributor retains all rights, title and interest in and to any Modifications
231made by such Contributor. Apple retains all rights, title and interest in and
232to the Original Code and any Modifications made by or on behalf of Apple
233("Apple Modifications"), and such Apple Modifications will not be
234automatically subject to this License. Apple may, at its sole discretion,
235choose to license such Apple Modifications under this License, or on different
236terms from those contained in this License or may choose not to license them at
237all.
238
23912. Termination.
240
24112.1 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
245aware of such breach;
246(b) immediately in the event of the circumstances described in Section 13.5(b);
247or
248(c) automatically without notice from Apple if You, at any time during the term
249of this License, commence an action for patent infringement against Apple;
250provided that Apple did not first commence an action for patent infringement
251against You in that instance.
252
25312.2 Effect of Termination. Upon termination, You agree to immediately stop any
254further use, reproduction, modification, sublicensing and distribution of the
255Covered Code. All sublicenses to the Covered Code which have been properly
256granted prior to termination shall survive any termination of this License.
257Provisions which, by their nature, should remain in effect beyond the
258termination of this License shall survive, including but not limited to
259Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
260for compensation, indemnity or damages of any sort solely as a result of
261terminating this License in accordance with its terms, and termination of this
262License will be without prejudice to any other right or remedy of any party.
263
26413. Miscellaneous.
265
26613.1 Government End Users. The Covered Code is a "commercial item" as
267defined in FAR 2.101. Government software and technical data rights in the
268Covered Code include only those rights customarily provided to the public as
269defined in this License. This customary commercial license in technical data
270and software is provided in accordance with FAR 12.211 (Technical Data) and
27112.212 (Computer Software) and, for Department of Defense purchases, DFAR
272252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in
273Commercial Computer Software or Computer Software Documentation). Accordingly,
274all U.S. Government End Users acquire Covered Code with only those rights set
275forth herein.
276
27713.2 Relationship of Parties. This License will not be construed as creating an
278agency, partnership, joint venture or any other form of legal association
279between or among You, Apple or any Contributor, and You will not represent to
280the contrary, whether expressly, by implication, appearance or otherwise.
281
28213.3 Independent Development. Nothing in this License will impair Apple's right
283to acquire, license, develop, have others develop for it, market and/or
284distribute technology or products that perform the same or similar functions
285as, or otherwise compete with, Modifications, Larger Works, technology or
286products that You may develop, produce, market or distribute.
287
28813.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any
289provision of this License will not be deemed a waiver of future enforcement of
290that or any other provision. Any law or regulation which provides that the
291language of a contract shall be construed against the drafter will not apply to
292this License.
293
29413.5 Severability. (a) If for any reason a court of competent jurisdiction
295finds any provision of this License, or portion thereof, to be unenforceable,
296that provision of the License will be enforced to the maximum extent
297permissible so as to effect the economic benefits and intent of the parties,
298and the remainder of this License will continue in full force and effect. (b)
299Notwithstanding the foregoing, if applicable law prohibits or restricts You
300from fully and/or specifically complying with Sections 2 and/or 3 or prevents
301the enforceability of either of those Sections, this License will immediately
302terminate and You must immediately discontinue any use of the Covered Code and
303destroy all copies of it that are in your possession or control.
304
30513.6 Dispute Resolution. Any litigation or other dispute resolution between You
306and Apple relating to this License shall take place in the Northern District of
307California, and You and Apple hereby consent to the personal jurisdiction of,
308and venue in, the state and federal courts within that District with respect to
309this License. The application of the United Nations Convention on Contracts for
310the International Sale of Goods is expressly excluded.
311
31213.7 Entire Agreement; Governing Law. This License constitutes the entire
313agreement between the parties with respect to the subject matter hereof. This
314License shall be governed by the laws of the United States and the State of
315California, except that body of California law concerning conflicts of law.
316
317Where You are located in the province of Quebec, Canada, the following clause
318applies: The parties hereby confirm that they have requested that this License
319and all related documents be drafted in English. Les parties ont exigé que le
320présent contrat et tous les documents connexes soient rédigés en anglais.
321
322EXHIBIT A.
323
324"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved.
325
326This file contains Original Code and/or Modifications of Original Code as
327defined 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
329License. Please obtain a copy of the License at http://
330www.opensource.apple.com/apsl/ and read it before using this file.
331
332The Original Code and all software distributed under the License are
333distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
334OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT
335LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
336PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the
337specific language governing rights and limitations under the License."