APPLE_LICENSE
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."