system_cmds-735.tar.gz

[apple/system_cmds.git] / APPLE_LICENSE

                     APPLE PUBLIC SOURCE LICENSE
                     Version 1.0 - March 16, 1999

Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound
by the terms of this License.  If you do not or cannot agree to the
terms of this License, please do not download or use the software.

1. General; Definitions.  This License applies to any program or other
  work which Apple Computer, Inc. ("Apple") publicly announces as
  subject to this Apple Public Source License and which contains a
  notice placed by Apple identifying such program or work as "Original
  Code" and stating that it is subject to the terms of this Apple
  Public Source License version 1.0 (or subsequent version thereof),
  as it may be revised from time to time by Apple ("License").  As
  used in this License:

1.1 "Applicable Patents" mean: (a) in the case where Apple is the
  grantor of rights, (i) patents or patent applications that are now
  or hereafter acquired, owned by or assigned to Apple and (ii) whose
  claims cover subject matter contained in the Original Code, but only
  to the extent necessary to use, reproduce and/or distribute the
  Original Code without infringement; and (b) in the case where You
  are the grantor of rights, (i) patents and patent applications that
  are now or hereafter acquired, owned by or assigned to You and (ii)
  whose claims cover subject matter in Your Modifications, taken alone
  or in combination with Original Code.

1.2 "Covered Code" means the Original Code, Modifications, the
  combination of Original Code and any Modifications, and/or any
  respective portions thereof.

1.3 "Deploy" means to use, sublicense or distribute Covered Code other
  than for Your internal research and development (R&D), and includes
  without limitation, any and all internal use or distribution of
  Covered Code within Your business or organization except for R&D
  use, as well as direct or indirect sublicensing or distribution of
  Covered Code by You to any third party in any form or manner.

1.4 "Larger Work" means a work which combines Covered Code or portions
  thereof with code not governed by the terms of this License.

1.5 "Modifications" mean any addition to, deletion from, and/or change
  to, the substance and/or structure of Covered Code.  When code is
  released as a series of files, a Modification is: (a) any addition
  to or deletion from the contents of a file containing Covered Code;
  and/or (b) any new file or other representation of computer program
  statements that contains any part of Covered Code.

1.6 "Original Code" means the Source Code of a program or other work
  as originally made available by Apple under this License, including
  the Source Code of any updates or upgrades to such programs or works
  made available by Apple under this License, and that has been
  expressly identified by Apple as such in the header file(s) of such
  work.

1.7 "Source Code" means the human readable form of a program or other
  work that is suitable for making modifications to it, including all
  modules it contains, plus any associated interface definition files,
  scripts used to control compilation and installation of an
  executable (object code).

1.8 "You" or "Your" means an individual or a legal entity exercising
  rights under this License.  For legal entities, "You" or "Your"
  includes any entity which controls, is controlled by, or is under
  common control with, You, where "control" means (a) the power,
  direct or indirect, to cause the direction or management of such
  entity, whether by contract or otherwise, or (b) ownership of fifty
  percent (50%) or more of the outstanding shares or beneficial
  ownership of such entity.

2. Permitted Uses; Conditions & Restrictions.  Subject to the terms
  and conditions of this License, Apple hereby grants You, effective
  on the date You accept this License and download the Original Code,
  a world-wide, royalty-free, non-exclusive license, to the extent of
  Apple's Applicable Patents and copyrights covering the Original
  Code, to do the following:

2.1 You may use, copy, modify and distribute Original Code, with or
  without Modifications, solely for Your internal research and
  development, provided that You must in each instance:

(a) retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Apple as they appear
in the Original Code, and keep intact all notices in the Original Code
that refer to this License;

(b) include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer
or impose any terms on such Source Code that alter or restrict this
License or the recipients' rights hereunder, except as permitted under
Section 6; and

(c) completely and accurately document all Modifications that you have
made and the date of each such Modification, designate the version of
the Original Code you used, prominently include a file carrying such
information with the Modifications, and duplicate the notice in
Exhibit A in each file of the Source Code of all such Modifications.

2.2 You may Deploy Covered Code, provided that You must in each
  instance:

(a) satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;

(b) make all Your Deployed Modifications publicly available in Source
Code form via electronic distribution (e.g. download from a web site)
under the terms of this License and subject to the license grants set
forth in Section 3 below, and any additional terms You may choose to
offer under Section 6.  You must continue to make the Source Code of
Your Deployed Modifications available for as long as you Deploy the
Covered Code or twelve (12) months from the date of initial
Deployment, whichever is longer;

(c) must notify Apple and other third parties of how to obtain Your
Deployed Modifications by filling out and submitting the required
information found at
http://www.apple.com/publicsource/modifications.html; and

(d) if you Deploy Covered Code in object code, executable form only,
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.

3. Your Grants.  In consideration of, and as a condition to, the
  licenses granted to You under this License:

(a) You hereby grant to Apple and all third parties a non-exclusive,
royalty-free license, under Your Applicable Patents and other
intellectual property rights owned or controlled by You, to use,
reproduce, modify, distribute and Deploy Your Modifications of the
same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
and

(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
worldwide, royalty-free, perpetual and irrevocable license, under Your
Applicable Patents and other intellectual property rights owned or
controlled by You, to use, reproduce, execute, compile, display,
perform, modify or have modified (for Apple and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form, through
multiple tiers of distribution.

4. Larger Works.  You may create a Larger Work by combining Covered
  Code with other code not governed by the terms of this License and
  distribute the Larger Work as a single product.  In each such
  instance, You must make sure the requirements of this License are
  fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License.  Except as expressly stated in
  Section 2, no other patent rights, express or implied, are granted
  by Apple herein.  Modifications and/or Larger Works may require
  additional patent licenses from Apple which Apple may grant in its
  sole discretion.

6. Additional Terms.  You may choose to offer, and to charge a fee
  for, warranty, support, indemnity or liability obligations and/or
  other rights consistent with the scope of the license granted herein
  ("Additional Terms") to one or more recipients of Covered
  Code. However, You may do so only on Your own behalf and as Your
  sole responsibility, and not on behalf of Apple. You must obtain the
  recipient's agreement that any such Additional Terms are offered by
  You alone, and You hereby agree to indemnify, defend and hold Apple
  harmless for any liability incurred by or claims asserted against
  Apple by reason of any such Additional Terms.

7. Versions of the License.  Apple may publish revised and/or new
  versions of this License from time to time.  Each version will be
  given a distinguishing version number.  Once Original Code has been
  published under a particular version of this License, You may
  continue to use it under the terms of that version. You may also
  choose to use such Original Code under the terms of any subsequent
  version of this License published by Apple.  No one other than Apple
  has the right to modify the terms applicable to Covered Code created
  under this License.

8. NO WARRANTY OR SUPPORT.  The Original Code may contain in whole or
  in part pre-release, untested, or not fully tested works.  The
  Original Code may contain errors that could cause failures or loss
  of data, and may be incomplete or contain inaccuracies.  You
  expressly acknowledge and agree that use of the Original Code, or
  any portion thereof, is at Your sole and entire risk.  THE ORIGINAL
  CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
  OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF
  SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY
  REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
  CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
  IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
  SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
  NONINFRINGEMENT OF THIRD PARTY RIGHTS.  APPLE DOES NOT WARRANT THAT
  THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
  REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
  UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
  WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
  BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
  WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  You
  acknowledge that the Original Code is not intended for use in the
  operation of nuclear facilities, aircraft navigation, communication
  systems, or air traffic control machines in which case the failure
  of the Original Code could lead to death, personal injury, or severe
  physical or environmental damage.

9. Liability.

9.1 Infringement.  If any of the Original Code becomes the subject of
  a claim of infringement ("Affected Original Code"), Apple may, at
  its sole discretion and option: (a) attempt to procure the rights
  necessary for You to continue using the Affected Original Code; (b)
  modify the Affected Original Code so that it is no longer
  infringing; or (c) terminate Your rights to use the Affected
  Original Code, effective immediately upon Apple's posting of a
  notice to such effect on the Apple web site that is used for
  implementation of this License.

9.2 LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL APPLE BE
  LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
  DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR
  INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER
  UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
  PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF
  THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
  ESSENTIAL PURPOSE OF ANY REMEDY.  In no event shall Apple's total
  liability to You for all damages under this License exceed the
  amount of fifty dollars ($50.00).

10. Trademarks.  This License does not grant any rights to use the
   trademarks or trade names "Apple", "Apple Computer", "Mac OS X",
   "Mac OS X Server" or any other trademarks or trade names belonging
   to Apple (collectively "Apple Marks") and no Apple Marks may be
   used to endorse or promote products derived from the Original Code
   other than as permitted by and in strict compliance at all times
   with Apple's third party trademark usage guidelines which are
   posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.

11. Ownership.  Apple retains all rights, title and interest in and to
   the Original Code and any Modifications made by or on behalf of
   Apple ("Apple Modifications"), and such Apple Modifications will
   not be automatically subject to this License.  Apple may, at its
   sole discretion, choose to license such Apple Modifications under
   this License, or on different terms from those contained in this
   License or may choose not to license them at all.  Apple's
   development, use, reproduction, modification, sublicensing and
   distribution of Covered Code will not be subject to this License.

12. Termination.

12.1 Termination.  This License and the rights granted hereunder will
   terminate:

(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach; (b) immediately in the event of
the circumstances described in Sections 9.1 and/or 13.6(b); or (c)
automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement
against Apple.

12.2 Effect of Termination.  Upon termination, You agree to
   immediately stop any further use, reproduction, modification and
   distribution of the Covered Code, or Affected Original Code in the
   case of termination under Section 9.1, and to destroy all copies of
   the Covered Code or Affected Original Code (in the case of
   termination under Section 9.1) that are in your possession or
   control.  All sublicenses to the Covered Code which have been
   properly granted prior to termination shall survive any termination
   of this License.  Provisions which, by their nature, should remain
   in effect beyond the termination of this License shall survive,
   including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and
   13.  Neither party will be liable to the other for compensation,
   indemnity or damages of any sort solely as a result of terminating
   this License in accordance with its terms, and termination of this
   License will be without prejudice to any other right or remedy of
   either party.

13.  Miscellaneous.

13.1 Export Law Assurances.  You may not use or otherwise export or
   re-export the Original Code except as authorized by United States
   law and the laws of the jurisdiction in which the Original Code was
   obtained.  In particular, but without limitation, the Original Code
   may not be exported or re-exported (a) into (or to a national or
   resident of) any U.S. embargoed country or (b) to anyone on the
   U.S. Treasury Department's list of Specially Designated Nationals
   or the U.S. Department of Commerce's Table of Denial Orders.  By
   using the Original Code, You represent and warrant that You are not
   located in, under control of, or a national or resident of any such
   country or on any such list.

13.2 Government End Users.  The Covered Code is a "commercial item" as
   defined in FAR 2.101.  Government software and technical data
   rights in the Covered Code include only those rights customarily
   provided to the public as defined in this License. This customary
   commercial license in technical data and software is provided in
   accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
   Software) and, for Department of Defense purchases, DFAR
   252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3
   (Rights in Commercial Computer Software or Computer Software
   Documentation).  Accordingly, all U.S. Government End Users acquire
   Covered Code with only those rights set forth herein.

13.3 Relationship of Parties.  This License will not be construed as
   creating an agency, partnership, joint venture or any other form of
   legal association between You and Apple, and You will not represent
   to the contrary, whether expressly, by implication, appearance or
   otherwise.

13.4 Independent Development.  Nothing in this License will impair
   Apple's right to acquire, license, develop, have others develop for
   it, market and/or distribute technology or products that perform
   the same or similar functions as, or otherwise compete with,
   Modifications, Larger Works, technology or products that You may
   develop, produce, market or distribute.

13.5 Waiver; Construction.  Failure by Apple to enforce any provision
   of this License will not be deemed a waiver of future enforcement
   of that or any other provision.  Any law or regulation which
   provides that the language of a contract shall be construed against
   the drafter will not apply to this License.

13.6 Severability.  (a) If for any reason a court of competent
   jurisdiction finds any provision of this License, or portion
   thereof, to be unenforceable, that provision of the License will be
   enforced to the maximum extent permissible so as to effect the
   economic benefits and intent of the parties, and the remainder of
   this License will continue in full force and effect.  (b)
   Notwithstanding the foregoing, if applicable law prohibits or
   restricts You from fully and/or specifically complying with
   Sections 2 and/or 3 or prevents the enforceability of either of
   those Sections, this License will immediately terminate and You
   must immediately discontinue any use of the Covered Code and
   destroy all copies of it that are in your possession or control.

13.7 Dispute Resolution.  Any litigation or other dispute resolution
   between You and Apple relating to this License shall take place in
   the Northern District of California, and You and Apple hereby
   consent to the personal jurisdiction of, and venue in, the state
   and federal courts within that District with respect to this
   License. The application of the United Nations Convention on
   Contracts for the International Sale of Goods is expressly
   excluded.

13.8 Entire Agreement; Governing Law.  This License constitutes the
   entire agreement between the parties with respect to the subject
   matter hereof.  This License shall be governed by the laws of the
   United States and the State of California, except that body of
   California law concerning conflicts of law.

Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.

EXHIBIT A. 

"Portions Copyright (c) 1999 Apple Computer, Inc.  All Rights
Reserved.  This file contains Original Code and/or Modifications of
Original Code as defined in and that are subject to the Apple Public
Source License Version 1.0 (the 'License').  You may not use this file
except in compliance with the License.  Please obtain a copy of the
License at http://www.apple.com/publicsource and read it before using
this file.

The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Please see the
License for the specific language governing rights and limitations
under the License."