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