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1 | APPLE PUBLIC SOURCE LICENSE |
2 | Version 1.1 - April 19,1999 | |
3 | ||
4 | Please read this License carefully before downloading this software. | |
5 | By downloading and using this software, you are agreeing to be bound | |
6 | by the terms of this License. If you do not or cannot agree to the | |
7 | terms of this License, please do not download or use the software. | |
8 | ||
9 | 1. General; Definitions. This License applies to any program or other | |
10 | work which Apple Computer, Inc. ("Apple") publicly announces as | |
11 | subject to this Apple Public Source License and which contains a | |
12 | notice placed by Apple identifying such program or work as "Original | |
13 | Code" and stating that it is subject to the terms of this Apple Public | |
14 | Source License version 1.1 (or subsequent version thereof), as it may | |
15 | be revised from time to time by Apple ("License"). As used in this | |
16 | License: | |
17 | ||
18 | 1.1 "Affected Original Code" means only those specific portions of | |
19 | Original Code that allegedly infringe upon any party's intellectual | |
20 | property rights or are otherwise the subject of a claim of | |
21 | infringement. | |
22 | ||
23 | 1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is | |
24 | the grantor of rights, (i) claims of patents that are now or hereafter | |
25 | acquired, owned by or assigned to Apple and (ii) that cover subject | |
26 | matter contained in the Original Code, but only to the extent | |
27 | necessary to use, reproduce and/or distribute the Original Code | |
28 | without infringement; and (b) in the case where You are the grantor of | |
29 | rights, (i) claims of patents that are now or hereafter acquired, | |
30 | owned by or assigned to You and (ii) that cover subject matter in Your | |
31 | Modifications, taken alone or in combination with Original Code. | |
32 | ||
33 | 1.3 "Covered Code" means the Original Code, Modifications, the | |
34 | combination of Original Code and any Modifications, and/or any | |
35 | respective portions thereof. | |
36 | ||
37 | 1.4 "Deploy" means to use, sublicense or distribute Covered Code other | |
38 | than for Your internal research and development (R&D), and includes | |
39 | without limitation, any and all internal use or distribution of | |
40 | Covered Code within Your business or organization except for R&D use, | |
41 | as well as direct or indirect sublicensing or distribution of Covered | |
42 | Code by You to any third party in any form or manner. | |
43 | ||
44 | 1.5 "Larger Work" means a work which combines Covered Code or portions | |
45 | thereof with code not governed by the terms of this License. | |
46 | ||
47 | 1.6 "Modifications" mean any addition to, deletion from, and/or change | |
48 | to, the substance and/or structure of Covered Code. When code is | |
49 | released as a series of files, a Modification is: (a) any addition to | |
50 | or deletion from the contents of a file containing Covered Code; | |
51 | and/or (b) any new file or other representation of computer program | |
52 | statements that contains any part of Covered Code. | |
53 | ||
54 | 1.7 "Original Code" means (a) the Source Code of a program or other | |
55 | work as originally made available by Apple under this License, | |
56 | including the Source Code of any updates or upgrades to such programs | |
57 | or works made available by Apple under this License, and that has been | |
58 | expressly identified by Apple as such in the header file(s) of such | |
59 | work; and (b) the object code compiled from such Source Code and | |
60 | originally made available by Apple under this License. | |
61 | ||
62 | 1.8 "Source Code" means the human readable form of a program or other | |
63 | work that is suitable for making modifications to it, including all | |
64 | modules it contains, plus any associated interface definition files, | |
65 | scripts used to control compilation and installation of an executable | |
66 | (object code). | |
67 | ||
68 | 1.9 "You" or "Your" means an individual or a legal entity exercising | |
69 | rights under this License. For legal entities, "You" or "Your" | |
70 | includes any entity which controls, is controlled by, or is under | |
71 | common control with, You, where "control" means (a) the power, direct | |
72 | or indirect, to cause the direction or management of such entity, | |
73 | whether by contract or otherwise, or (b) ownership of fifty percent | |
74 | (50%) or more of the outstanding shares or beneficial ownership of | |
75 | such entity. | |
76 | ||
77 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms | |
78 | and conditions of this License, Apple hereby grants You, effective on | |
79 | the date You accept this License and download the Original Code, a | |
80 | world-wide, royalty-free, non- exclusive license, to the extent of | |
81 | Apple's Applicable Patent Rights and copyrights covering the Original | |
82 | Code, to do the following: | |
83 | ||
84 | 2.1 You may use, copy, modify and distribute Original Code, with or | |
85 | without Modifications, solely for Your internal research and | |
86 | development, provided that You must in each instance: | |
87 | ||
88 | (a) retain and reproduce in all copies of Original Code the copyright | |
89 | and other proprietary notices and disclaimers of Apple as they appear | |
90 | in the Original Code, and keep intact all notices in the Original Code | |
91 | that refer to this License; | |
92 | ||
93 | (b) include a copy of this License with every copy of Source Code of | |
94 | Covered Code and documentation You distribute, and You may not offer | |
95 | or impose any terms on such Source Code that alter or restrict this | |
96 | License or the recipients' rights hereunder, except as permitted under | |
97 | Section 6; and | |
98 | ||
99 | (c) completely and accurately document all Modifications that you have | |
100 | made and the date of each such Modification, designate the version of | |
101 | the Original Code you used, prominently include a file carrying such | |
102 | information with the Modifications, and duplicate the notice in | |
103 | Exhibit A in each file of the Source Code of all such Modifications. | |
104 | ||
105 | 2.2 You may Deploy Covered Code, provided that You must in each | |
106 | instance: | |
107 | ||
108 | (a) satisfy all the conditions of Section 2.1 with respect to the | |
109 | Source Code of the Covered Code; | |
110 | ||
111 | (b) make all Your Deployed Modifications publicly available in Source | |
112 | Code form via electronic distribution (e.g. download from a web site) | |
113 | under the terms of this License and subject to the license grants set | |
114 | forth in Section 3 below, and any additional terms You may choose to | |
115 | offer under Section 6. You must continue to make the Source Code of | |
116 | Your Deployed Modifications available for as long as you Deploy the | |
117 | Covered Code or twelve (12) months from the date of initial | |
118 | Deployment, whichever is longer; | |
119 | ||
120 | (c) if You Deploy Covered Code containing Modifications made by You, | |
121 | inform others of how to obtain those Modifications by filling out and | |
122 | submitting the information found at | |
123 | http://www.apple.com/publicsource/modifications.html, if available; | |
124 | and | |
125 | ||
126 | (d) if You Deploy Covered Code in object code, executable form only, | |
127 | include a prominent notice, in the code itself as well as in related | |
128 | documentation, stating that Source Code of the Covered Code is | |
129 | available under the terms of this License with information on how and | |
130 | where to obtain such Source Code. | |
131 | ||
132 | 3. Your Grants. In consideration of, and as a condition to, the | |
133 | licenses granted to You under this License: | |
134 | ||
135 | (a) You hereby grant to Apple and all third parties a non-exclusive, | |
136 | royalty-free license, under Your Applicable Patent Rights and other | |
137 | intellectual property rights owned or controlled by You, to use, | |
138 | reproduce, modify, distribute and Deploy Your Modifications of the | |
139 | same scope and extent as Apple's licenses under Sections 2.1 and 2.2; | |
140 | and | |
141 | ||
142 | (b) You hereby grant to Apple and its subsidiaries a non-exclusive, | |
143 | worldwide, royalty-free, perpetual and irrevocable license, under Your | |
144 | Applicable Patent Rights and other intellectual property rights owned | |
145 | or controlled by You, to use, reproduce, execute, compile, display, | |
146 | perform, modify or have modified (for Apple and/or its subsidiaries), | |
147 | sublicense and distribute Your Modifications, in any form, through | |
148 | multiple tiers of distribution. | |
149 | ||
150 | 4. Larger Works. You may create a Larger Work by combining Covered | |
151 | Code with other code not governed by the terms of this License and | |
152 | distribute the Larger Work as a single product. In each such | |
153 | instance, You must make sure the requirements of this License are | |
154 | fulfilled for the Covered Code or any portion thereof. | |
155 | ||
156 | 5. Limitations on Patent License. Except as expressly stated in | |
157 | Section 2, no other patent rights, express or implied, are granted by | |
158 | Apple herein. Modifications and/or Larger Works may require | |
159 | additional patent licenses from Apple which Apple may grant in its | |
160 | sole discretion. | |
161 | ||
162 | 6. Additional Terms. You may choose to offer, and to charge a fee | |
163 | for, warranty, support, indemnity or liability obligations and/or | |
164 | other rights consistent with the scope of the license granted herein | |
165 | ("Additional Terms") to one or more recipients of Covered | |
166 | Code. However, You may do so only on Your own behalf and as Your sole | |
167 | responsibility, and not on behalf of Apple. You must obtain the | |
168 | recipient's agreement that any such Additional Terms are offered by | |
169 | You alone, and You hereby agree to indemnify, defend and hold Apple | |
170 | harmless for any liability incurred by or claims asserted against | |
171 | Apple by reason of any such Additional Terms. | |
172 | ||
173 | 7. Versions of the License. Apple may publish revised and/or new | |
174 | versions of this License from time to time. Each version will be | |
175 | given a distinguishing version number. Once Original Code has been | |
176 | published under a particular version of this License, You may continue | |
177 | to use it under the terms of that version. You may also choose to use | |
178 | such Original Code under the terms of any subsequent version of this | |
179 | License published by Apple. No one other than Apple has the right to | |
180 | modify the terms applicable to Covered Code created under this | |
181 | License. | |
182 | ||
183 | 8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or | |
184 | in part pre-release, untested, or not fully tested works. The | |
185 | Original Code may contain errors that could cause failures or loss of | |
186 | data, and may be incomplete or contain inaccuracies. You expressly | |
187 | acknowledge and agree that use of the Original Code, or any portion | |
188 | thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS | |
189 | PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND | |
190 | AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND | |
191 | 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS | |
192 | "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS | |
193 | OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES | |
194 | AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND | |
195 | FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY | |
196 | RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE | |
197 | ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF | |
198 | THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT | |
199 | DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN | |
200 | INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED | |
201 | REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE | |
202 | SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not | |
203 | intended for use in the operation of nuclear facilities, aircraft | |
204 | navigation, communication systems, or air traffic control machines in | |
205 | which case the failure of the Original Code could lead to death, | |
206 | personal injury, or severe physical or environmental damage. | |
207 | ||
208 | 9. Liability. | |
209 | ||
210 | 9.1 Infringement. If any portion of, or functionality implemented by, | |
211 | the Original Code becomes the subject of a claim of infringement, | |
212 | Apple may, at its option: (a) attempt to procure the rights necessary | |
213 | for Apple and You to continue using the Affected Original Code; (b) | |
214 | modify the Affected Original Code so that it is no longer infringing; | |
215 | or (c) suspend Your rights to use, reproduce, modify, sublicense and | |
216 | distribute the Affected Original Code until a final determination of | |
217 | the claim is made by a court or governmental administrative agency of | |
218 | competent jurisdiction and Apple lifts the suspension as set forth | |
219 | below. Such suspension of rights will be effective immediately upon | |
220 | Apple's posting of a notice to such effect on the Apple web site that | |
221 | is used for implementation of this License. Upon such final | |
222 | determination being made, if Apple is legally able, without the | |
223 | payment of a fee or royalty, to resume use, reproduction, | |
224 | modification, sublicensing and distribution of the Affected Original | |
225 | Code, Apple will lift the suspension of rights to the Affected | |
226 | Original Code by posting a notice to such effect on the Apple web site | |
227 | that is used for implementation of this License. If Apple suspends | |
228 | Your rights to Affected Original Code, nothing in this License shall | |
229 | be construed to restrict You, at Your option and subject to applicable | |
230 | law, from replacing the Affected Original Code with non-infringing | |
231 | code or independently negotiating for necessary rights from such third | |
232 | party. | |
233 | ||
234 | 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE | |
235 | LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES | |
236 | ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO | |
237 | USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY | |
238 | OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY | |
239 | OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF | |
240 | SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF | |
241 | ANY REMEDY. In no event shall Apple's total liability to You for all | |
242 | damages under this License exceed the amount of fifty dollars | |
243 | ($50.00). | |
244 | ||
245 | 10. Trademarks. This License does not grant any rights to use the | |
246 | trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac | |
247 | OS X Server" or any other trademarks or trade names belonging to Apple | |
248 | (collectively "Apple Marks") and no Apple Marks may be used to endorse | |
249 | or promote products derived from the Original Code other than as | |
250 | permitted by and in strict compliance at all times with Apple's third | |
251 | party trademark usage guidelines which are posted at | |
252 | http://www.apple.com/legal/guidelinesfor3rdparties.html. | |
253 | ||
254 | 11. Ownership. Apple retains all rights, title and interest in and to | |
255 | the Original Code and any Modifications made by or on behalf of Apple | |
256 | ("Apple Modifications"), and such Apple Modifications will not be | |
257 | automatically subject to this License. Apple may, at its sole | |
258 | discretion, choose to license such Apple Modifications under this | |
259 | License, or on different terms from those contained in this License or | |
260 | may choose not to license them at all. Apple's development, use, | |
261 | reproduction, modification, sublicensing and distribution of Covered | |
262 | Code will not be subject to this License. | |
263 | ||
264 | 12. Termination. | |
265 | ||
266 | 12.1 Termination. This License and the rights granted hereunder will | |
267 | terminate: | |
268 | ||
269 | (a) automatically without notice from Apple if You fail to comply with | |
270 | any term(s) of this License and fail to cure such breach within 30 | |
271 | days of becoming aware of such breach; (b) immediately in the event of | |
272 | the circumstances described in Section 13.5(b); or (c) automatically | |
273 | without notice from Apple if You, at any time during the term of this | |
274 | License, commence an action for patent infringement against Apple. | |
275 | ||
276 | 12.2 Effect of Termination. Upon termination, You agree to | |
277 | immediately stop any further use, reproduction, modification, | |
278 | sublicensing and distribution of the Covered Code and to destroy all | |
279 | copies of the Covered Code that are in your possession or control. | |
280 | All sublicenses to the Covered Code which have been properly granted | |
281 | prior to termination shall survive any termination of this License. | |
282 | Provisions which, by their nature, should remain in effect beyond the | |
283 | termination of this License shall survive, including but not limited | |
284 | to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be | |
285 | liable to the other for compensation, indemnity or damages of any sort | |
286 | solely as a result of terminating this License in accordance with its | |
287 | terms, and termination of this License will be without prejudice to | |
288 | any other right or remedy of either party. | |
289 | ||
290 | 13. Miscellaneous. | |
291 | ||
292 | 13.1 Government End Users. The Covered Code is a "commercial item" as | |
293 | defined in FAR 2.101. Government software and technical data rights | |
294 | in the Covered Code include only those rights customarily provided to | |
295 | the public as defined in this License. This customary commercial | |
296 | license in technical data and software is provided in accordance with | |
297 | FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for | |
298 | Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- | |
299 | Commercial Items) and 227.7202-3 (Rights in Commercial Computer | |
300 | Software or Computer Software Documentation). Accordingly, all U.S. | |
301 | Government End Users acquire Covered Code with only those rights set | |
302 | forth herein. | |
303 | ||
304 | 13.2 Relationship of Parties. This License will not be construed as | |
305 | creating an agency, partnership, joint venture or any other form of | |
306 | legal association between You and Apple, and You will not represent to | |
307 | the contrary, whether expressly, by implication, appearance or | |
308 | otherwise. | |
309 | ||
310 | 13.3 Independent Development. Nothing in this License will impair | |
311 | Apple's right to acquire, license, develop, have others develop for | |
312 | it, market and/or distribute technology or products that perform the | |
313 | same or similar functions as, or otherwise compete with, | |
314 | Modifications, Larger Works, technology or products that You may | |
315 | develop, produce, market or distribute. | |
316 | ||
317 | 13.4 Waiver; Construction. Failure by Apple to enforce any provision | |
318 | of this License will not be deemed a waiver of future enforcement of | |
319 | that or any other provision. Any law or regulation which provides | |
320 | that the language of a contract shall be construed against the drafter | |
321 | will not apply to this License. | |
322 | ||
323 | 13.5 Severability. (a) If for any reason a court of competent | |
324 | jurisdiction finds any provision of this License, or portion thereof, | |
325 | to be unenforceable, that provision of the License will be enforced to | |
326 | the maximum extent permissible so as to effect the economic benefits | |
327 | and intent of the parties, and the remainder of this License will | |
328 | continue in full force and effect. (b) Notwithstanding the foregoing, | |
329 | if applicable law prohibits or restricts You from fully and/or | |
330 | specifically complying with Sections 2 and/or 3 or prevents the | |
331 | enforceability of either of those Sections, this License will | |
332 | immediately terminate and You must immediately discontinue any use of | |
333 | the Covered Code and destroy all copies of it that are in your | |
334 | possession or control. | |
335 | ||
336 | 13.6 Dispute Resolution. Any litigation or other dispute resolution | |
337 | between You and Apple relating to this License shall take place in the | |
338 | Northern District of California, and You and Apple hereby consent to | |
339 | the personal jurisdiction of, and venue in, the state and federal | |
340 | courts within that District with respect to this License. The | |
341 | application of the United Nations Convention on Contracts for the | |
342 | International Sale of Goods is expressly excluded. | |
343 | ||
344 | 13.7 Entire Agreement; Governing Law. This License constitutes the | |
345 | entire agreement between the parties with respect to the subject | |
346 | matter hereof. This License shall be governed by the laws of the | |
347 | United States and the State of California, except that body of | |
348 | California law concerning conflicts of law. | |
349 | ||
350 | Where You are located in the province of Quebec, Canada, the following | |
351 | clause applies: The parties hereby confirm that they have requested | |
352 | that this License and all related documents be drafted in English. Les | |
353 | parties ont exige que le present contrat et tous les documents | |
354 | connexes soient rediges en anglais. | |
355 | ||
356 | EXHIBIT A. | |
357 | ||
358 | "Portions Copyright (c) 1999 Apple Computer, Inc. All Rights | |
359 | Reserved. This file contains Original Code and/or Modifications of | |
360 | Original Code as defined in and that are subject to the Apple Public | |
361 | Source License Version 1.1 (the "License"). You may not use this file | |
362 | except in compliance with the License. Please obtain a copy of the | |
363 | License at http://www.apple.com/publicsource and read it before using | |
364 | this file. | |
365 | ||
366 | The Original Code and all software distributed under the License are | |
367 | distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER | |
368 | EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, | |
369 | INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, | |
370 | FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the | |
371 | License for the specific language governing rights and limitations | |
372 | under the License." |