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- APPLE PUBLIC SOURCE LICENSE
- Version 2.0 - August 6, 2003
- Please read this License carefully before downloading this software. By
- downloading or 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.
- Apple Note: In January 2007, Apple changed its corporate name from "Apple
- Computer, Inc." to "Apple Inc." This change has been reflected below and
- copyright years updated, but no other changes have been made to the APSL 2.0.
- 1. General; Definitions. This License applies to any program or other
- work which Apple Inc. ("Apple") makes publicly available 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 2.0 ("License"). As used in this License:
- 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the
- grantor of rights, (i) claims of patents that are now or hereafter acquired,
- owned by or assigned to Apple and (ii) that 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) claims of patents that are now or hereafter
- acquired, owned by or assigned to You and (ii) that cover subject matter in
- Your Modifications, taken alone or in combination with Original Code.
- 1.2 "Contributor" means any person or entity that creates or contributes to
- the creation of Modifications.
- 1.3 "Covered Code" means the Original Code, Modifications, the combination
- of Original Code and any Modifications, and/or any respective portions thereof.
- 1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
- make Covered Code available, directly or indirectly, to anyone other than You;
- and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way
- to provide a service, including but not limited to delivery of content, through
- electronic communication with a client other than You.
- 1.5 "Larger Work" means a work which combines Covered Code or portions
- thereof with code not governed by the terms of this License.
- 1.6 "Modifications" mean any addition to, deletion from, and/or change to,
- the substance and/or structure of the Original Code, any previous
- Modifications, the combination of Original Code and any previous Modifications,
- and/or any respective portions thereof. 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.
- 1.7 "Original Code" means (a) 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; and (b) the object code compiled from
- such Source Code and originally made available by Apple under this License
- 1.8 "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).
- 1.9 "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 Patent Rights and
- copyrights covering the Original Code, to do the following:
- 2.1 Unmodified Code. You may use, reproduce, display, perform, internally
- distribute within Your organization, and Externally Deploy verbatim, unmodified
- copies of the Original Code, for commercial or non-commercial purposes,
- provided that in each instance:
- (a) You must 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; and
- (b) You must include a copy of this License with every copy of Source Code
- of Covered Code and documentation You distribute or Externally Deploy, 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.
- 2.2 Modified Code. You may modify Covered Code and use, reproduce,
- display, perform, internally distribute within Your organization, and
- Externally Deploy Your Modifications and Covered Code, for commercial or
- non-commercial purposes, provided that in each instance You also meet all of
- these conditions:
- (a) You must satisfy all the conditions of Section 2.1 with respect to the
- Source Code of the Covered Code;
- (b) You must duplicate, to the extent it does not already exist, the notice
- in Exhibit A in each file of the Source Code of all Your Modifications, and
- cause the modified files to carry prominent notices stating that You changed
- the files and the date of any change; and
- (c) If You Externally Deploy Your Modifications, You must make Source Code
- of all Your Externally Deployed Modifications either available to those to whom
- You have Externally Deployed Your Modifications, or publicly available. Source
- Code of Your Externally Deployed Modifications must be released under the terms
- set forth in this License, including the license grants set forth in Section 3
- below, for as long as you Externally Deploy the Covered Code or twelve (12)
- months from the date of initial External Deployment, whichever is longer. You
- should preferably distribute the Source Code of Your Externally Deployed
- Modifications electronically (e.g. download from a web site).
- 2.3 Distribution of Executable Versions. In addition, if You Externally
- Deploy Covered Code (Original Code and/or Modifications) in object code,
- executable form only, You must 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.
- 2.4 Third Party Rights. You expressly acknowledge and agree that although
- Apple and each Contributor grants the licenses to their respective portions of
- the Covered Code set forth herein, no assurances are provided by Apple or any
- Contributor that the Covered Code does not infringe the patent or other
- intellectual property rights of any other entity. Apple and each Contributor
- disclaim any liability to You for claims brought by any other entity based on
- infringement of intellectual property rights or otherwise. As a condition to
- exercising the rights and licenses granted hereunder, You hereby assume sole
- responsibility to secure any other intellectual property rights needed, if any.
- For example, if a third party patent license is required to allow You to
- distribute the Covered Code, it is Your responsibility to acquire that license
- before distributing the Covered Code.
- 3. Your Grants. In consideration of, and as a condition to, the licenses
- granted to You under this License, You hereby grant to any person or entity
- receiving or distributing Covered Code under this License a non-exclusive,
- royalty-free, perpetual, irrevocable license, under Your Applicable Patent
- Rights and other intellectual property rights (other than patent) owned or
- controlled by You, to use, reproduce, display, perform, modify, sublicense,
- distribute and Externally Deploy Your Modifications of the same scope and
- extent as Apple's licenses under Sections 2.1 and 2.2 above.
- 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 or any
- Contributor. 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 and every Contributor harmless for any liability incurred by or
- claims asserted against Apple or such Contributor 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 Covered Code may contain in whole or in
- part pre-release, untested, or not fully tested works. The Covered 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
- Covered Code, or any portion thereof, is at Your sole and entire risk. THE
- COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF
- ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE"
- FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
- ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
- LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
- SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
- QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
- CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
- COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
- REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
- ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR
- WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED
- REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
- that the Covered 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 Covered Code could lead to death,
- personal injury, or severe physical or environmental damage.
- 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
- EVENT SHALL APPLE OR ANY CONTRIBUTOR 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 COVERED CODE, OR ANY PORTION THEREOF, WHETHER
- UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
- LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
- PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
- LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
- APPLY TO YOU. In no event shall Apple's total liability to You for all damages
- (other than as may be required by applicable law) 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", "Mac", "Mac OS", "QuickTime", "QuickTime
- Streaming Server" or any other trademarks, service marks, logos or trade names
- belonging to Apple (collectively "Apple Marks") or to any trademark, service
- mark, logo or trade name belonging to any Contributor. You agree not to use
- any Apple Marks in or as part of the name of products derived from the Original
- Code or to endorse or promote products derived from the Original Code other
- than as expressly 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. Subject to the licenses granted under this License, each
- Contributor retains all rights, title and interest in and to any Modifications
- made by such Contributor. 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.
- 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 Section
- 13.5(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;
- provided that Apple did not first commence an action for patent infringement
- against You in that instance.
- 12.2 Effect of Termination. Upon termination, You agree to immediately stop
- any further use, reproduction, modification, sublicensing and distribution of
- the Covered Code. 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. No party will be liable to any 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 any party.
- 13. Miscellaneous.
- 13.1 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.
- 13.2 Relationship of Parties. This License will not be construed as
- creating an agency, partnership, joint venture or any other form of legal
- association between or among You, Apple or any Contributor, and You will not
- represent to the contrary, whether expressly, by implication, appearance or
- otherwise.
- 13.3 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.
- 13.4 Waiver; Construction. Failure by Apple or any Contributor 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.
- 13.5 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.
- 13.6 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.
- 13.7 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 exigé que le
- présent contrat et tous les documents connexes soient rédigés en anglais.
- EXHIBIT A.
- "Portions Copyright (c) 1999-2007 Apple 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 2.0
- (the 'License'). You may not use this file except in compliance with the
- License. Please obtain a copy of the License at
- http://www.opensource.apple.com/apsl/ 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, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the
- specific language governing rights and limitations under the License."
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