| 1 | APPLE PUBLIC SOURCE LICENSE |
| 2 | Version 2.0 - August 6, 2003 |
| 3 | |
| 4 | Please read this License carefully before downloading this software. |
| 5 | By downloading or using this software, you are agreeing to be bound by |
| 6 | the terms of this License. If you do not or cannot agree to the terms |
| 7 | 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") makes publicly available and |
| 11 | which contains a notice placed by Apple identifying such program or |
| 12 | work as "Original Code" and stating that it is subject to the terms of |
| 13 | this Apple Public Source License version 2.0 ("License"). As used in |
| 14 | this License: |
| 15 | |
| 16 | 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is |
| 17 | the grantor of rights, (i) claims of patents that are now or hereafter |
| 18 | acquired, owned by or assigned to Apple and (ii) that cover subject |
| 19 | matter contained in the Original Code, but only to the extent |
| 20 | necessary to use, reproduce and/or distribute the Original Code |
| 21 | without infringement; and (b) in the case where You are the grantor of |
| 22 | rights, (i) claims of patents that are now or hereafter acquired, |
| 23 | owned by or assigned to You and (ii) that cover subject matter in Your |
| 24 | Modifications, taken alone or in combination with Original Code. |
| 25 | |
| 26 | 1.2 "Contributor" means any person or entity that creates or |
| 27 | contributes to the creation of Modifications. |
| 28 | |
| 29 | 1.3 "Covered Code" means the Original Code, Modifications, the |
| 30 | combination of Original Code and any Modifications, and/or any |
| 31 | respective portions thereof. |
| 32 | |
| 33 | 1.4 "Externally Deploy" means: (a) to sublicense, distribute or |
| 34 | otherwise make Covered Code available, directly or indirectly, to |
| 35 | anyone other than You; and/or (b) to use Covered Code, alone or as |
| 36 | part of a Larger Work, in any way to provide a service, including but |
| 37 | not limited to delivery of content, through electronic communication |
| 38 | with a client other than You. |
| 39 | |
| 40 | 1.5 "Larger Work" means a work which combines Covered Code or portions |
| 41 | thereof with code not governed by the terms of this License. |
| 42 | |
| 43 | 1.6 "Modifications" mean any addition to, deletion from, and/or change |
| 44 | to, the substance and/or structure of the Original Code, any previous |
| 45 | Modifications, the combination of Original Code and any previous |
| 46 | Modifications, and/or any respective portions thereof. When code is |
| 47 | released as a series of files, a Modification is: (a) any addition to |
| 48 | or deletion from the contents of a file containing Covered Code; |
| 49 | and/or (b) any new file or other representation of computer program |
| 50 | statements that contains any part of Covered Code. |
| 51 | |
| 52 | 1.7 "Original Code" means (a) the Source Code of a program or other |
| 53 | work as originally made available by Apple under this License, |
| 54 | including the Source Code of any updates or upgrades to such programs |
| 55 | or works made available by Apple under this License, and that has been |
| 56 | expressly identified by Apple as such in the header file(s) of such |
| 57 | work; and (b) the object code compiled from such Source Code and |
| 58 | originally made available by Apple under this License. |
| 59 | |
| 60 | 1.8 "Source Code" means the human readable form of a program or other |
| 61 | work that is suitable for making modifications to it, including all |
| 62 | modules it contains, plus any associated interface definition files, |
| 63 | scripts used to control compilation and installation of an executable |
| 64 | (object code). |
| 65 | |
| 66 | 1.9 "You" or "Your" means an individual or a legal entity exercising |
| 67 | rights under this License. For legal entities, "You" or "Your" |
| 68 | includes any entity which controls, is controlled by, or is under |
| 69 | common control with, You, where "control" means (a) the power, direct |
| 70 | or indirect, to cause the direction or management of such entity, |
| 71 | whether by contract or otherwise, or (b) ownership of fifty percent |
| 72 | (50%) or more of the outstanding shares or beneficial ownership of |
| 73 | such entity. |
| 74 | |
| 75 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms |
| 76 | and conditions of this License, Apple hereby grants You, effective on |
| 77 | the date You accept this License and download the Original Code, a |
| 78 | world-wide, royalty-free, non-exclusive license, to the extent of |
| 79 | Apple's Applicable Patent Rights and copyrights covering the Original |
| 80 | Code, to do the following: |
| 81 | |
| 82 | 2.1 Unmodified Code. You may use, reproduce, display, perform, |
| 83 | internally distribute within Your organization, and Externally Deploy |
| 84 | verbatim, unmodified copies of the Original Code, for commercial or |
| 85 | non-commercial purposes, provided that in each instance: |
| 86 | |
| 87 | (a) You must retain and reproduce in all copies of Original Code the |
| 88 | copyright and other proprietary notices and disclaimers of Apple as |
| 89 | they appear in the Original Code, and keep intact all notices in the |
| 90 | Original Code that refer to this License; and |
| 91 | |
| 92 | (b) You must include a copy of this License with every copy of Source |
| 93 | Code of Covered Code and documentation You distribute or Externally |
| 94 | Deploy, and You may not offer or impose any terms on such Source Code |
| 95 | that alter or restrict this License or the recipients' rights |
| 96 | hereunder, except as permitted under Section 6. |
| 97 | |
| 98 | 2.2 Modified Code. You may modify Covered Code and use, reproduce, |
| 99 | display, perform, internally distribute within Your organization, and |
| 100 | Externally Deploy Your Modifications and Covered Code, for commercial |
| 101 | or non-commercial purposes, provided that in each instance You also |
| 102 | meet all of these conditions: |
| 103 | |
| 104 | (a) You must satisfy all the conditions of Section 2.1 with respect to |
| 105 | the Source Code of the Covered Code; |
| 106 | |
| 107 | (b) You must duplicate, to the extent it does not already exist, the |
| 108 | notice in Exhibit A in each file of the Source Code of all Your |
| 109 | Modifications, and cause the modified files to carry prominent notices |
| 110 | stating that You changed the files and the date of any change; and |
| 111 | |
| 112 | (c) If You Externally Deploy Your Modifications, You must make |
| 113 | Source Code of all Your Externally Deployed Modifications either |
| 114 | available to those to whom You have Externally Deployed Your |
| 115 | Modifications, or publicly available. Source Code of Your Externally |
| 116 | Deployed Modifications must be released under the terms set forth in |
| 117 | this License, including the license grants set forth in Section 3 |
| 118 | below, for as long as you Externally Deploy the Covered Code or twelve |
| 119 | (12) months from the date of initial External Deployment, whichever is |
| 120 | longer. You should preferably distribute the Source Code of Your |
| 121 | Externally Deployed Modifications electronically (e.g. download from a |
| 122 | web site). |
| 123 | |
| 124 | 2.3 Distribution of Executable Versions. In addition, if You |
| 125 | Externally Deploy Covered Code (Original Code and/or Modifications) in |
| 126 | object code, executable form only, You must include a prominent |
| 127 | notice, in the code itself as well as in related documentation, |
| 128 | stating that Source Code of the Covered Code is available under the |
| 129 | terms of this License with information on how and where to obtain such |
| 130 | Source Code. |
| 131 | |
| 132 | 2.4 Third Party Rights. You expressly acknowledge and agree that |
| 133 | although Apple and each Contributor grants the licenses to their |
| 134 | respective portions of the Covered Code set forth herein, no |
| 135 | assurances are provided by Apple or any Contributor that the Covered |
| 136 | Code does not infringe the patent or other intellectual property |
| 137 | rights of any other entity. Apple and each Contributor disclaim any |
| 138 | liability to You for claims brought by any other entity based on |
| 139 | infringement of intellectual property rights or otherwise. As a |
| 140 | condition to exercising the rights and licenses granted hereunder, You |
| 141 | hereby assume sole responsibility to secure any other intellectual |
| 142 | property rights needed, if any. For example, if a third party patent |
| 143 | license is required to allow You to distribute the Covered Code, it is |
| 144 | Your responsibility to acquire that license before distributing the |
| 145 | Covered Code. |
| 146 | |
| 147 | 3. Your Grants. In consideration of, and as a condition to, the |
| 148 | licenses granted to You under this License, You hereby grant to any |
| 149 | person or entity receiving or distributing Covered Code under this |
| 150 | License a non-exclusive, royalty-free, perpetual, irrevocable license, |
| 151 | under Your Applicable Patent Rights and other intellectual property |
| 152 | rights (other than patent) owned or controlled by You, to use, |
| 153 | reproduce, display, perform, modify, sublicense, distribute and |
| 154 | Externally Deploy Your Modifications of the same scope and extent as |
| 155 | Apple's licenses under Sections 2.1 and 2.2 above. |
| 156 | |
| 157 | 4. Larger Works. You may create a Larger Work by combining Covered |
| 158 | Code with other code not governed by the terms of this License and |
| 159 | distribute the Larger Work as a single product. In each such instance, |
| 160 | You must make sure the requirements of this License are fulfilled for |
| 161 | the Covered Code or any portion thereof. |
| 162 | |
| 163 | 5. Limitations on Patent License. Except as expressly stated in |
| 164 | Section 2, no other patent rights, express or implied, are granted by |
| 165 | Apple herein. Modifications and/or Larger Works may require additional |
| 166 | patent licenses from Apple which Apple may grant in its sole |
| 167 | discretion. |
| 168 | |
| 169 | 6. Additional Terms. You may choose to offer, and to charge a fee for, |
| 170 | warranty, support, indemnity or liability obligations and/or other |
| 171 | rights consistent with the scope of the license granted herein |
| 172 | ("Additional Terms") to one or more recipients of Covered Code. |
| 173 | However, You may do so only on Your own behalf and as Your sole |
| 174 | responsibility, and not on behalf of Apple or any Contributor. You |
| 175 | must obtain the recipient's agreement that any such Additional Terms |
| 176 | are offered by You alone, and You hereby agree to indemnify, defend |
| 177 | and hold Apple and every Contributor harmless for any liability |
| 178 | incurred by or claims asserted against Apple or such Contributor by |
| 179 | reason of any such Additional Terms. |
| 180 | |
| 181 | 7. Versions of the License. Apple may publish revised and/or new |
| 182 | versions of this License from time to time. Each version will be given |
| 183 | a distinguishing version number. Once Original Code has been published |
| 184 | under a particular version of this License, You may continue to use it |
| 185 | under the terms of that version. You may also choose to use such |
| 186 | Original Code under the terms of any subsequent version of this |
| 187 | License published by Apple. No one other than Apple has the right to |
| 188 | modify the terms applicable to Covered Code created under this |
| 189 | License. |
| 190 | |
| 191 | 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in |
| 192 | part pre-release, untested, or not fully tested works. The Covered |
| 193 | Code may contain errors that could cause failures or loss of data, and |
| 194 | may be incomplete or contain inaccuracies. You expressly acknowledge |
| 195 | and agree that use of the Covered Code, or any portion thereof, is at |
| 196 | Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND |
| 197 | WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND |
| 198 | APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE |
| 199 | PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM |
| 200 | ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT |
| 201 | NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF |
| 202 | MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR |
| 203 | PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD |
| 204 | PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST |
| 205 | INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE |
| 206 | FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, |
| 207 | THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR |
| 208 | ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO |
| 209 | ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE |
| 210 | AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. |
| 211 | You acknowledge that the Covered Code is not intended for use in the |
| 212 | operation of nuclear facilities, aircraft navigation, communication |
| 213 | systems, or air traffic control machines in which case the failure of |
| 214 | the Covered Code could lead to death, personal injury, or severe |
| 215 | physical or environmental damage. |
| 216 | |
| 217 | 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO |
| 218 | EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, |
| 219 | SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING |
| 220 | TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR |
| 221 | ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, |
| 222 | TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF |
| 223 | APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
| 224 | DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY |
| 225 | REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF |
| 226 | INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY |
| 227 | TO YOU. In no event shall Apple's total liability to You for all |
| 228 | damages (other than as may be required by applicable law) under this |
| 229 | License exceed the amount of fifty dollars ($50.00). |
| 230 | |
| 231 | 10. Trademarks. This License does not grant any rights to use the |
| 232 | trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS", |
| 233 | "QuickTime", "QuickTime Streaming Server" or any other trademarks, |
| 234 | service marks, logos or trade names belonging to Apple (collectively |
| 235 | "Apple Marks") or to any trademark, service mark, logo or trade name |
| 236 | belonging to any Contributor. You agree not to use any Apple Marks in |
| 237 | or as part of the name of products derived from the Original Code or |
| 238 | to endorse or promote products derived from the Original Code other |
| 239 | than as expressly permitted by and in strict compliance at all times |
| 240 | with Apple's third party trademark usage guidelines which are posted |
| 241 | at http://www.apple.com/legal/guidelinesfor3rdparties.html. |
| 242 | |
| 243 | 11. Ownership. Subject to the licenses granted under this License, |
| 244 | each Contributor retains all rights, title and interest in and to any |
| 245 | Modifications made by such Contributor. Apple retains all rights, |
| 246 | title and interest in and to the Original Code and any Modifications |
| 247 | made by or on behalf of Apple ("Apple Modifications"), and such Apple |
| 248 | Modifications will not be automatically subject to this License. Apple |
| 249 | may, at its sole discretion, choose to license such Apple |
| 250 | Modifications under this License, or on different terms from those |
| 251 | contained in this License or may choose not to license them at all. |
| 252 | |
| 253 | 12. Termination. |
| 254 | |
| 255 | 12.1 Termination. This License and the rights granted hereunder will |
| 256 | terminate: |
| 257 | |
| 258 | (a) automatically without notice from Apple if You fail to comply with |
| 259 | any term(s) of this License and fail to cure such breach within 30 |
| 260 | days of becoming aware of such breach; |
| 261 | |
| 262 | (b) immediately in the event of the circumstances described in Section |
| 263 | 13.5(b); or |
| 264 | |
| 265 | (c) automatically without notice from Apple if You, at any time during |
| 266 | the term of this License, commence an action for patent infringement |
| 267 | against Apple; provided that Apple did not first commence |
| 268 | an action for patent infringement against You in that instance. |
| 269 | |
| 270 | 12.2 Effect of Termination. Upon termination, You agree to immediately |
| 271 | stop any further use, reproduction, modification, sublicensing and |
| 272 | distribution of the Covered Code. All sublicenses to the Covered Code |
| 273 | which have been properly granted prior to termination shall survive |
| 274 | any termination of this License. Provisions which, by their nature, |
| 275 | should remain in effect beyond the termination of this License shall |
| 276 | survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, |
| 277 | 12.2 and 13. No party will be liable to any other for compensation, |
| 278 | indemnity or damages of any sort solely as a result of terminating |
| 279 | this License in accordance with its terms, and termination of this |
| 280 | License will be without prejudice to any other right or remedy of |
| 281 | any party. |
| 282 | |
| 283 | 13. Miscellaneous. |
| 284 | |
| 285 | 13.1 Government End Users. The Covered Code is a "commercial item" as |
| 286 | defined in FAR 2.101. Government software and technical data rights in |
| 287 | the Covered Code include only those rights customarily provided to the |
| 288 | public as defined in this License. This customary commercial license |
| 289 | in technical data and software is provided in accordance with FAR |
| 290 | 12.211 (Technical Data) and 12.212 (Computer Software) and, for |
| 291 | Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- |
| 292 | Commercial Items) and 227.7202-3 (Rights in Commercial Computer |
| 293 | Software or Computer Software Documentation). Accordingly, all U.S. |
| 294 | Government End Users acquire Covered Code with only those rights set |
| 295 | forth herein. |
| 296 | |
| 297 | 13.2 Relationship of Parties. This License will not be construed as |
| 298 | creating an agency, partnership, joint venture or any other form of |
| 299 | legal association between or among You, Apple or any Contributor, and |
| 300 | You will not represent to the contrary, whether expressly, by |
| 301 | implication, appearance or otherwise. |
| 302 | |
| 303 | 13.3 Independent Development. Nothing in this License will impair |
| 304 | Apple's right to acquire, license, develop, have others develop for |
| 305 | it, market and/or distribute technology or products that perform the |
| 306 | same or similar functions as, or otherwise compete with, |
| 307 | Modifications, Larger Works, technology or products that You may |
| 308 | develop, produce, market or distribute. |
| 309 | |
| 310 | 13.4 Waiver; Construction. Failure by Apple or any Contributor to |
| 311 | enforce any provision of this License will not be deemed a waiver of |
| 312 | future enforcement of that or any other provision. Any law or |
| 313 | regulation which provides that the language of a contract shall be |
| 314 | construed against the drafter will not apply to this License. |
| 315 | |
| 316 | 13.5 Severability. (a) If for any reason a court of competent |
| 317 | jurisdiction finds any provision of this License, or portion thereof, |
| 318 | to be unenforceable, that provision of the License will be enforced to |
| 319 | the maximum extent permissible so as to effect the economic benefits |
| 320 | and intent of the parties, and the remainder of this License will |
| 321 | continue in full force and effect. (b) Notwithstanding the foregoing, |
| 322 | if applicable law prohibits or restricts You from fully and/or |
| 323 | specifically complying with Sections 2 and/or 3 or prevents the |
| 324 | enforceability of either of those Sections, this License will |
| 325 | immediately terminate and You must immediately discontinue any use of |
| 326 | the Covered Code and destroy all copies of it that are in your |
| 327 | possession or control. |
| 328 | |
| 329 | 13.6 Dispute Resolution. Any litigation or other dispute resolution |
| 330 | between You and Apple relating to this License shall take place in the |
| 331 | Northern District of California, and You and Apple hereby consent to |
| 332 | the personal jurisdiction of, and venue in, the state and federal |
| 333 | courts within that District with respect to this License. The |
| 334 | application of the United Nations Convention on Contracts for the |
| 335 | International Sale of Goods is expressly excluded. |
| 336 | |
| 337 | 13.7 Entire Agreement; Governing Law. This License constitutes the |
| 338 | entire agreement between the parties with respect to the subject |
| 339 | matter hereof. This License shall be governed by the laws of the |
| 340 | United States and the State of California, except that body of |
| 341 | California law concerning conflicts of law. |
| 342 | |
| 343 | Where You are located in the province of Quebec, Canada, the following |
| 344 | clause applies: The parties hereby confirm that they have requested |
| 345 | that this License and all related documents be drafted in English. Les |
| 346 | parties ont exige que le present contrat et tous les documents |
| 347 | connexes soient rediges en anglais. |
| 348 | |
| 349 | EXHIBIT A. |
| 350 | |
| 351 | "Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights |
| 352 | Reserved. |
| 353 | |
| 354 | This file contains Original Code and/or Modifications of Original Code |
| 355 | as defined in and that are subject to the Apple Public Source License |
| 356 | Version 2.0 (the 'License'). You may not use this file except in |
| 357 | compliance with the License. Please obtain a copy of the License at |
| 358 | http://www.opensource.apple.com/apsl/ and read it before using this |
| 359 | file. |
| 360 | |
| 361 | The Original Code and all software distributed under the License are |
| 362 | distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER |
| 363 | EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, |
| 364 | INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, |
| 365 | FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. |
| 366 | Please see the License for the specific language governing rights and |
| 367 | limitations under the License." |