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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