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| 1 | |||
| 2 | APPLE PUBLIC SOURCE LICENSE | ||
| 3 | Version 1.0 - March 16, 1999 | ||
| 4 | |||
| 5 | Please read this License carefully before downloading this software. | ||
| 6 | By downloading and using this software, you are agreeing to be bound by | ||
| 7 | the terms of this License. If you do not or cannot agree to the terms | ||
| 8 | of this License, please do not download or use the software. | ||
| 9 | |||
| 10 | 1. General; Definitions. This License applies to any program or other | ||
| 11 | work which Apple Computer, Inc. ("Apple") publicly announces as | ||
| 12 | subject to this Apple Public Source License and which contains a | ||
| 13 | notice placed by Apple identifying such program or work as "Original | ||
| 14 | Code" and stating that it is subject to the terms of this Apple Public | ||
| 15 | Source License version 1.0 (or subsequent version thereof), as it may | ||
| 16 | be revised from time to time by Apple ("License"). As used in this | ||
| 17 | License: | ||
| 18 | |||
| 19 | 1.1 "Applicable Patents" mean: (a) in the case where Apple is the | ||
| 20 | grantor of rights, (i) patents or patent applications that are now | ||
| 21 | or hereafter acquired, owned by or assigned to Apple and (ii) whose | ||
| 22 | claims cover subject matter contained in the Original Code, but only | ||
| 23 | to the extent necessary to use, reproduce and/or distribute the | ||
| 24 | Original Code without infringement; and (b) in the case where You | ||
| 25 | are the grantor of rights, (i) patents and patent applications that | ||
| 26 | are now or hereafter acquired, owned by or assigned to You and (ii) | ||
| 27 | whose claims cover subject matter in Your Modifications, taken alone | ||
| 28 | or in combination with Original Code. | ||
| 29 | |||
| 30 | 1.2 "Covered Code" means the Original Code, Modifications, the | ||
| 31 | combination of Original Code and any Modifications, and/or any | ||
| 32 | respective portions thereof. | ||
| 33 | |||
| 34 | 1.3 "Deploy" means to use, sublicense or distribute Covered Code other | ||
| 35 | than for Your internal research and development (R&D), and includes | ||
| 36 | without limitation, any and all internal use or distribution of | ||
| 37 | Covered Code within Your business or organization except for R&D use, | ||
| 38 | as well as direct or indirect sublicensing or distribution of Covered | ||
| 39 | Code by You to any third party in any form or manner. | ||
| 40 | |||
| 41 | 1.4 "Larger Work" means a work which combines Covered Code or portions | ||
| 42 | thereof with code not governed by the terms of this License. | ||
| 43 | |||
| 44 | 1.5 "Modifications" mean any addition to, deletion from, and/or change | ||
| 45 | to, the substance and/or structure of Covered Code. When code is | ||
| 46 | released as a series of files, a Modification is: (a) any addition to | ||
| 47 | or deletion from the contents of a file containing Covered Code; | ||
| 48 | and/or (b) any new file or other representation of computer program | ||
| 49 | statements that contains any part of Covered Code. | ||
| 50 | |||
| 51 | 1.6 "Original Code" means the Source Code of a program or other work | ||
| 52 | as originally made available by Apple under this License, including | ||
| 53 | the Source Code of any updates or upgrades to such programs or works | ||
| 54 | made available by Apple under this License, and that has been | ||
| 55 | expressly identified by Apple as such in the header file(s) of such | ||
| 56 | work. | ||
| 57 | |||
| 58 | 1.7 "Source Code" means the human readable form of a program or other | ||
| 59 | work that is suitable for making modifications to it, including all | ||
| 60 | modules it contains, plus any associated interface definition files, | ||
| 61 | scripts used to control compilation and installation of an executable | ||
| 62 | (object code). | ||
| 63 | |||
| 64 | 1.8 "You" or "Your" means an individual or a legal entity exercising | ||
| 65 | rights under this License. For legal entities, "You" or "Your" | ||
| 66 | includes any entity which controls, is controlled by, or is under | ||
| 67 | common control with, You, where "control" means (a) the power, direct | ||
| 68 | or indirect, to cause the direction or management of such entity, | ||
| 69 | whether by contract or otherwise, or (b) ownership of fifty percent | ||
| 70 | (50%) or more of the outstanding shares or beneficial ownership of | ||
| 71 | such entity. | ||
| 72 | |||
| 73 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms | ||
| 74 | and conditions of this License, Apple hereby grants You, effective on | ||
| 75 | the date You accept this License and download the Original Code, a | ||
| 76 | world-wide, royalty-free, non-exclusive license, to the extent of | ||
| 77 | Apple`s Applicable Patents and copyrights covering the Original | ||
| 78 | Code, to do the following: | ||
| 79 | |||
| 80 | 2.1 You may use, copy, modify and distribute Original Code, with or | ||
| 81 | without Modifications, solely for Your internal research and | ||
| 82 | development, provided that You must in each instance: | ||
| 83 | |||
| 84 | (a) retain and reproduce in all copies of Original Code the copyright | ||
| 85 | and other proprietary notices and disclaimers of Apple as they appear | ||
| 86 | in the Original Code, and keep intact all notices in the Original Code | ||
| 87 | that refer to this License; | ||
| 88 | |||
| 89 | (b) include a copy of this License with every copy of Source Code of | ||
| 90 | Covered Code and documentation You distribute, and You may not offer | ||
| 91 | or impose any terms on such Source Code that alter or restrict this | ||
| 92 | License or the recipients` rights hereunder, except as permitted under | ||
| 93 | Section 6; and | ||
| 94 | |||
| 95 | (c) completely and accurately document all Modifications that you have | ||
| 96 | made and the date of each such Modification, designate the version of | ||
| 97 | the Original Code you used, prominently include a file carrying such | ||
| 98 | information with the Modifications, and duplicate the notice in | ||
| 99 | Exhibit A in each file of the Source Code of all such Modifications. | ||
| 100 | |||
| 101 | 2.2 You may Deploy Covered Code, provided that You must in each | ||
| 102 | instance: | ||
| 103 | |||
| 104 | (a) satisfy all the conditions of Section 2.1 with respect to the | ||
| 105 | Source Code of the Covered Code; | ||
| 106 | |||
| 107 | (b) make all Your Deployed Modifications publicly available in Source | ||
| 108 | Code form via electronic distribution (e.g. download from a web site) | ||
| 109 | under the terms of this License and subject to the license grants set | ||
| 110 | forth in Section 3 below, and any additional terms You may choose to | ||
| 111 | offer under Section 6. You must continue to make the Source Code of | ||
| 112 | Your Deployed Modifications available for as long as you Deploy the | ||
| 113 | Covered Code or twelve (12) months from the date of initial | ||
| 114 | Deployment, whichever is longer; | ||
| 115 | |||
| 116 | (c) must notify Apple and other third parties of how to obtain Your | ||
| 117 | Deployed Modifications by filling out and submitting the required | ||
| 118 | information found at | ||
| 119 | http://www.apple.com/publicsource/modifications.html; and | ||
| 120 | |||
| 121 | (d) if you Deploy Covered Code in object code, executable form only, | ||
| 122 | include a prominent notice, in the code itself as well as in related | ||
| 123 | documentation, stating that Source Code of the Covered Code is | ||
| 124 | available under the terms of this License with information on how and | ||
| 125 | where to obtain such Source Code. | ||
| 126 | |||
| 127 | 3. Your Grants. In consideration of, and as a condition to, the | ||
| 128 | licenses granted to You under this License: | ||
| 129 | |||
| 130 | (a) You hereby grant to Apple and all third parties a non-exclusive, | ||
| 131 | royalty-free license, under Your Applicable Patents and other | ||
| 132 | intellectual property rights owned or controlled by You, to use, | ||
| 133 | reproduce, modify, distribute and Deploy Your Modifications of the | ||
| 134 | same scope and extent as Apple`s licenses under Sections 2.1 and 2.2; | ||
| 135 | and | ||
| 136 | |||
| 137 | (b) You hereby grant to Apple and its subsidiaries a non-exclusive, | ||
| 138 | worldwide, royalty-free, perpetual and irrevocable license, under Your | ||
| 139 | Applicable Patents and other intellectual property rights owned or | ||
| 140 | controlled by You, to use, reproduce, execute, compile, display, | ||
| 141 | perform, modify or have modified (for Apple and/or its subsidiaries), | ||
| 142 | sublicense and distribute Your Modifications, in any form, through | ||
| 143 | multiple tiers of distribution. | ||
| 144 | |||
| 145 | 4. Larger Works. You may create a Larger Work by combining Covered | ||
| 146 | Code with other code not governed by the terms of this License and | ||
| 147 | distribute the Larger Work as a single product. In each such | ||
| 148 | instance, You must make sure the requirements of this License are | ||
| 149 | fulfilled for the Covered Code or any portion thereof. | ||
| 150 | |||
| 151 | 5. Limitations on Patent License. Except as expressly stated in | ||
| 152 | Section 2, no other patent rights, express or implied, are granted | ||
| 153 | by Apple herein. Modifications and/or Larger Works may require | ||
| 154 | additional patent licenses from Apple which Apple may grant in its | ||
| 155 | sole discretion. | ||
| 156 | |||
| 157 | 6. Additional Terms. You may choose to offer, and to charge a fee | ||
| 158 | for, warranty, support, indemnity or liability obligations and/or | ||
| 159 | other rights consistent with the scope of the license granted herein | ||
| 160 | ("Additional Terms") to one or more recipients of Covered | ||
| 161 | Code. However, You may do so only on Your own behalf and as Your | ||
| 162 | sole responsibility, and not on behalf of Apple. You must obtain the | ||
| 163 | recipient`s agreement that any such Additional Terms are offered by | ||
| 164 | You alone, and You hereby agree to indemnify, defend and hold Apple | ||
| 165 | harmless for any liability incurred by or claims asserted against | ||
| 166 | Apple by reason of any such Additional Terms. | ||
| 167 | |||
| 168 | 7. Versions of the License. Apple may publish revised and/or new | ||
| 169 | versions of this License from time to time. Each version will be | ||
| 170 | given a distinguishing version number. Once Original Code has been | ||
| 171 | published under a particular version of this License, You may | ||
| 172 | continue to use it under the terms of that version. You may also | ||
| 173 | choose to use such Original Code under the terms of any subsequent | ||
| 174 | version of this License published by Apple. No one other than Apple | ||
| 175 | has the right to modify the terms applicable to Covered Code created | ||
| 176 | under this License. | ||
| 177 | |||
| 178 | 8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or | ||
| 179 | in part pre-release, untested, or not fully tested works. The | ||
| 180 | Original Code may contain errors that could cause failures or loss | ||
| 181 | of data, and may be incomplete or contain inaccuracies. You | ||
| 182 | expressly acknowledge and agree that use of the Original Code, or | ||
| 183 | any portion thereof, is at Your sole and entire risk. THE ORIGINAL | ||
| 184 | CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT | ||
| 185 | OF ANY KIND AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF | ||
| 186 | SECTIONS 8 AND 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY | ||
| 187 | REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR | ||
| 188 | CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE | ||
| 189 | IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR | ||
| 190 | SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND | ||
| 191 | NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT | ||
| 192 | THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR | ||
| 193 | REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE | ||
| 194 | UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE | ||
| 195 | WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN | ||
| 196 | BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A | ||
| 197 | WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You | ||
| 198 | acknowledge that the Original Code is not intended for use in the | ||
| 199 | operation of nuclear facilities, aircraft navigation, communication | ||
| 200 | systems, or air traffic control machines in which case the failure | ||
| 201 | of the Original Code could lead to death, personal injury, or severe | ||
| 202 | physical or environmental damage. | ||
| 203 | |||
| 204 | 9. Liability. | ||
| 205 | |||
| 206 | 9.1 Infringement. If any of the Original Code becomes the subject of | ||
| 207 | a claim of infringement ("Affected Original Code"), Apple may, at | ||
| 208 | its sole discretion and option: (a) attempt to procure the rights | ||
| 209 | necessary for You to continue using the Affected Original Code; (b) | ||
| 210 | modify the Affected Original Code so that it is no longer | ||
| 211 | infringing; or (c) terminate Your rights to use the Affected | ||
| 212 | Original Code, effective immediately upon Apple`s posting of a | ||
| 213 | notice to such effect on the Apple web site that is used for | ||
| 214 | implementation of this License. | ||
| 215 | |||
| 216 | 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE | ||
| 217 | LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL | ||
| 218 | DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR | ||
| 219 | INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER | ||
| 220 | UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), | ||
| 221 | PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF | ||
| 222 | THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF | ||
| 223 | ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple`s total | ||
| 224 | liability to You for all damages under this License exceed the | ||
| 225 | amount of fifty dollars ($50.00). | ||
| 226 | |||
| 227 | 10. Trademarks. This License does not grant any rights to use the | ||
| 228 | trademarks or trade names "Apple", "Apple Computer", "Mac OS X", | ||
| 229 | "Mac OS X Server" or any other trademarks or trade names belonging | ||
| 230 | to Apple (collectively "Apple Marks") and no Apple Marks may be | ||
| 231 | used to endorse or promote products derived from the Original Code | ||
| 232 | other than as permitted by and in strict compliance at all times | ||
| 233 | with Apple`s third party trademark usage guidelines which are | ||
| 234 | posted at http://www.apple.com/legal/guidelinesfor3rdparties.html. | ||
| 235 | |||
| 236 | 11. Ownership. Apple retains all rights, title and interest in and to | ||
| 237 | the Original Code and any Modifications made by or on behalf of | ||
| 238 | Apple ("Apple Modifications"), and such Apple Modifications will | ||
| 239 | not be automatically subject to this License. Apple may, at its | ||
| 240 | sole discretion, choose to license such Apple Modifications under | ||
| 241 | this License, or on different terms from those contained in this | ||
| 242 | License or may choose not to license them at all. Apple`s | ||
| 243 | development, use, reproduction, modification, sublicensing and | ||
| 244 | distribution of Covered Code will not be subject to this License. | ||
| 245 | |||
| 246 | 12. Termination. | ||
| 247 | |||
| 248 | 12.1 Termination. This License and the rights granted hereunder will | ||
| 249 | terminate: | ||
| 250 | |||
| 251 | (a) automatically without notice from Apple if You fail to comply with | ||
| 252 | any term(s) of this License and fail to cure such breach within 30 | ||
| 253 | days of becoming aware of such breach; (b) immediately in the event of | ||
| 254 | the circumstances described in Sections 9.1 and/or 13.6(b); or (c) | ||
| 255 | automatically without notice from Apple if You, at any time during the | ||
| 256 | term of this License, commence an action for patent infringement | ||
| 257 | against Apple. | ||
| 258 | |||
| 259 | 12.2 Effect of Termination. Upon termination, You agree to | ||
| 260 | immediately stop any further use, reproduction, modification and | ||
| 261 | distribution of the Covered Code, or Affected Original Code in the | ||
| 262 | case of termination under Section 9.1, and to destroy all copies of | ||
| 263 | the Covered Code or Affected Original Code (in the case of | ||
| 264 | termination under Section 9.1) that are in your possession or | ||
| 265 | control. All sublicenses to the Covered Code which have been | ||
| 266 | properly granted prior to termination shall survive any termination | ||
| 267 | of this License. Provisions which, by their nature, should remain | ||
| 268 | in effect beyond the termination of this License shall survive, | ||
| 269 | including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and | ||
| 270 | 13. Neither party will be liable to the other for compensation, | ||
| 271 | indemnity or damages of any sort solely as a result of terminating | ||
| 272 | this License in accordance with its terms, and termination of this | ||
| 273 | License will be without prejudice to any other right or remedy of | ||
| 274 | either party. | ||
| 275 | |||
| 276 | 13. Miscellaneous. | ||
| 277 | |||
| 278 | 13.1 Export Law Assurances. You may not use or otherwise export or | ||
| 279 | re-export the Original Code except as authorized by United States | ||
| 280 | law and the laws of the jurisdiction in which the Original Code was | ||
| 281 | obtained. In particular, but without limitation, the Original Code | ||
| 282 | may not be exported or re-exported (a) into (or to a national or | ||
| 283 | resident of) any U.S. embargoed country or (b) to anyone on the | ||
| 284 | U.S. Treasury Department`s list of Specially Designated Nationals | ||
| 285 | or the U.S. Department of Commerce`s Table of Denial Orders. By | ||
| 286 | using the Original Code, You represent and warrant that You are not | ||
| 287 | located in, under control of, or a national or resident of any such | ||
| 288 | country or on any such list. | ||
| 289 | |||
| 290 | 13.2 Government End Users. The Covered Code is a "commercial item" as | ||
| 291 | defined in FAR 2.101. Government software and technical data | ||
| 292 | rights in the Covered Code include only those rights customarily | ||
| 293 | provided to the public as defined in this License. This customary | ||
| 294 | commercial license in technical data and software is provided in | ||
| 295 | accordance with FAR 12.211 (Technical Data) and 12.212 (Computer | ||
| 296 | Software) and, for Department of Defense purchases, DFAR | ||
| 297 | 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 | ||
| 298 | (Rights in Commercial Computer Software or Computer Software | ||
| 299 | Documentation). Accordingly, all U.S. Government End Users acquire | ||
| 300 | Covered Code with only those rights set forth herein. | ||
| 301 | |||
| 302 | 13.3 Relationship of Parties. This License will not be construed as | ||
| 303 | creating an agency, partnership, joint venture or any other form of | ||
| 304 | legal association between You and Apple, and You will not represent | ||
| 305 | to the contrary, whether expressly, by implication, appearance or | ||
| 306 | otherwise. | ||
| 307 | |||
| 308 | 13.4 Independent Development. Nothing in this License will impair | ||
| 309 | Apple`s right to acquire, license, develop, have others develop for | ||
| 310 | it, market and/or distribute technology or products that perform | ||
| 311 | the same or similar functions as, or otherwise compete with, | ||
| 312 | Modifications, Larger Works, technology or products that You may | ||
| 313 | develop, produce, market or distribute. | ||
| 314 | |||
| 315 | 13.5 Waiver; Construction. Failure by Apple to enforce any provision | ||
| 316 | of this License will not be deemed a waiver of future enforcement | ||
| 317 | of that or any other provision. Any law or regulation which | ||
| 318 | provides that the language of a contract shall be construed against | ||
| 319 | the drafter will not apply to this License. | ||
| 320 | |||
| 321 | 13.6 Severability. (a) If for any reason a court of competent | ||
| 322 | jurisdiction finds any provision of this License, or portion | ||
| 323 | thereof, to be unenforceable, that provision of the License will be | ||
| 324 | enforced to the maximum extent permissible so as to effect the | ||
| 325 | economic benefits and intent of the parties, and the remainder of | ||
| 326 | this License will continue in full force and effect. (b) | ||
| 327 | Notwithstanding the foregoing, if applicable law prohibits or | ||
| 328 | restricts You from fully and/or specifically complying with | ||
| 329 | Sections 2 and/or 3 or prevents the enforceability of either of | ||
| 330 | those Sections, this License will immediately terminate and You | ||
| 331 | must immediately discontinue any use of the Covered Code and | ||
| 332 | destroy all copies of it that are in your possession or control. | ||
| 333 | |||
| 334 | 13.7 Dispute Resolution. Any litigation or other dispute resolution | ||
| 335 | between You and Apple relating to this License shall take place in | ||
| 336 | the Northern District of California, and You and Apple hereby | ||
| 337 | consent to the personal jurisdiction of, and venue in, the state | ||
| 338 | and federal courts within that District with respect to this | ||
| 339 | License. The application of the United Nations Convention on | ||
| 340 | Contracts for the International Sale of Goods is expressly | ||
| 341 | excluded. | ||
| 342 | |||
| 343 | 13.8 Entire Agreement; Governing Law. This License constitutes the | ||
| 344 | entire agreement between the parties with respect to the subject | ||
| 345 | matter hereof. This License shall be governed by the laws of the | ||
| 346 | United States and the State of California, except that body of | ||
| 347 | California law concerning conflicts of law. | ||
| 348 | |||
| 349 | Where You are located in the province of Quebec, Canada, the following | ||
| 350 | clause applies: The parties hereby confirm that they have requested | ||
| 351 | that this License and all related documents be drafted in English. Les | ||
| 352 | parties ont exige que le present contrat et tous les documents | ||
| 353 | connexes soient rediges en anglais. | ||
| 354 | |||
| 355 | EXHIBIT A. | ||
| 356 | |||
| 357 | "Portions Copyright (c) 1999 Apple Computer, Inc. All Rights | ||
| 358 | Reserved. This file contains Original Code and/or Modifications of | ||
| 359 | Original Code as defined in and that are subject to the Apple Public | ||
| 360 | Source License Version 1.0 (the `License`). You may not use this file | ||
| 361 | except in compliance with the License. Please obtain a copy of the | ||
| 362 | License at http://www.apple.com/publicsource and read it before using | ||
| 363 | this file. | ||
| 364 | |||
| 365 | The Original Code and all software distributed under the License are | ||
| 366 | distributed on an `AS IS` basis, WITHOUT WARRANTY OF ANY KIND, EITHER | ||
| 367 | EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, | ||
| 368 | INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, | ||
| 369 | FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the | ||
| 370 | License for the specific language governing rights and limitations | ||
| 371 | under the License." | ||
| 372 | |||
