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