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| 1 APPLE PUBLIC SOURCE LICENSE Version 2.0 - August 6, 2003 |
| 2 |
| 3 Please read this License carefully before downloading this software. By |
| 4 downloading or using this software, you are agreeing to be bound by the terms of |
| 5 this License. If you do not or cannot agree to the terms of this License, |
| 6 please do not download or use the software. |
| 7 |
| 8 Apple Note: In January 2007, Apple changed its corporate name from "Apple |
| 9 Computer, Inc." to "Apple Inc." This change has been reflected below and |
| 10 copyright years updated, but no other changes have been made to the APSL 2.0. |
| 11 |
| 12 1. General; Definitions. This License applies to any program or other work |
| 13 which Apple Inc. ("Apple") makes publicly available and which contains a notice |
| 14 placed by Apple identifying such program or work as "Original Code" and stating |
| 15 that it is subject to the terms of this Apple Public Source License version 2.0 |
| 16 ("License"). As used in this License: |
| 17 |
| 18 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the |
| 19 grantor of rights, (i) claims of patents that are now or hereafter acquired, |
| 20 owned by or assigned to Apple and (ii) that cover subject matter contained in |
| 21 the Original Code, but only to the extent necessary to use, reproduce and/or |
| 22 distribute the Original Code without infringement; and (b) in the case where You |
| 23 are the grantor of rights, (i) claims of patents that are now or hereafter |
| 24 acquired, owned by or assigned to You and (ii) that cover subject matter in Your |
| 25 Modifications, taken alone or in combination with Original Code. |
| 26 |
| 27 1.2 "Contributor" means any person or entity that creates or contributes to
the |
| 28 creation of Modifications. |
| 29 |
| 30 1.3 "Covered Code" means the Original Code, Modifications, the combination
of |
| 31 Original Code and any Modifications, and/or any respective portions thereof. |
| 32 |
| 33 1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise ma
ke |
| 34 Covered Code available, directly or indirectly, to anyone other than You; and/or |
| 35 (b) to use Covered Code, alone or as part of a Larger Work, in any way to |
| 36 provide a service, including but not limited to delivery of content, through |
| 37 electronic communication with a client other than You. |
| 38 |
| 39 1.5 "Larger Work" means a work which combines Covered Code or portions there
of |
| 40 with code not governed by the terms of this License. |
| 41 |
| 42 1.6 "Modifications" mean any addition to, deletion from, and/or change to, t
he |
| 43 substance and/or structure of the Original Code, any previous Modifications, the |
| 44 combination of Original Code and any previous Modifications, and/or any |
| 45 respective portions thereof. When code is released as a series of files, a |
| 46 Modification is: (a) any addition to or deletion from the contents of a file |
| 47 containing Covered Code; and/or (b) any new file or other representation of |
| 48 computer program statements that contains any part of Covered Code. |
| 49 |
| 50 1.7 "Original Code" means (a) the Source Code of a program or other work as |
| 51 originally made available by Apple under this License, including the Source Code |
| 52 of any updates or upgrades to such programs or works made available by Apple |
| 53 under this License, and that has been expressly identified by Apple as such in |
| 54 the header file(s) of such work; and (b) the object code compiled from such |
| 55 Source Code and originally made available by Apple under this License |
| 56 |
| 57 1.8 "Source Code" means the human readable form of a program or other work t
hat |
| 58 is suitable for making modifications to it, including all modules it contains, |
| 59 plus any associated interface definition files, scripts used to control |
| 60 compilation and installation of an executable (object code). |
| 61 |
| 62 1.9 "You" or "Your" means an individual or a legal entity exercising rights |
| 63 under this License. For legal entities, "You" or "Your" includes any entity |
| 64 which controls, is controlled by, or is under common control with, You, where |
| 65 "control" means (a) the power, direct or indirect, to cause the direction or |
| 66 management of such entity, whether by contract or otherwise, or (b) ownership of |
| 67 fifty percent (50%) or more of the outstanding shares or beneficial ownership of |
| 68 such entity. |
| 69 |
| 70 2. Permitted Uses; Conditions & Restrictions. Subject to the terms and |
| 71 conditions of this License, Apple hereby grants You, effective on the date You |
| 72 accept this License and download the Original Code, a world-wide, royalty-free, |
| 73 non-exclusive license, to the extent of Apple's Applicable Patent Rights and |
| 74 copyrights covering the Original Code, to do the following: |
| 75 |
| 76 2.1 Unmodified Code. You may use, reproduce, display, perform, internally |
| 77 distribute within Your organization, and Externally Deploy verbatim, unmodified |
| 78 copies of the Original Code, for commercial or non-commercial purposes, provided |
| 79 that in each instance: |
| 80 |
| 81 (a) You must retain and reproduce in all copies of Original Code the copyrig
ht |
| 82 and other proprietary notices and disclaimers of Apple as they appear in the |
| 83 Original Code, and keep intact all notices in the Original Code that refer to |
| 84 this License; and |
| 85 |
| 86 (b) You must include a copy of this License with every copy of Source Code o
f |
| 87 Covered Code and documentation You distribute or Externally Deploy, and You may |
| 88 not offer or impose any terms on such Source Code that alter or restrict this |
| 89 License or the recipients' rights hereunder, except as permitted under Section |
| 90 6. |
| 91 |
| 92 2.2 Modified Code. You may modify Covered Code and use, reproduce, display, |
| 93 perform, internally distribute within Your organization, and Externally Deploy |
| 94 Your Modifications and Covered Code, for commercial or non-commercial purposes, |
| 95 provided that in each instance You also meet all of these conditions: |
| 96 |
| 97 (a) You must satisfy all the conditions of Section 2.1 with respect to the |
| 98 Source Code of the Covered Code; |
| 99 |
| 100 (b) You must duplicate, to the extent it does not already exist, the notice
in |
| 101 Exhibit A in each file of the Source Code of all Your Modifications, and cause |
| 102 the modified files to carry prominent notices stating that You changed the files |
| 103 and the date of any change; and |
| 104 |
| 105 (c) If You Externally Deploy Your Modifications, You must make Source Code o
f |
| 106 all Your Externally Deployed Modifications either available to those to whom You |
| 107 have Externally Deployed Your Modifications, or publicly available. Source Code |
| 108 of Your Externally Deployed Modifications must be released under the terms set |
| 109 forth in this License, including the license grants set forth in Section 3 |
| 110 below, for as long as you Externally Deploy the Covered Code or twelve (12) |
| 111 months from the date of initial External Deployment, whichever is longer. You |
| 112 should preferably distribute the Source Code of Your Externally Deployed |
| 113 Modifications electronically (e.g. download from a web site). |
| 114 |
| 115 2.3 Distribution of Executable Versions. In addition, if You Externally Dep
loy |
| 116 Covered Code (Original Code and/or Modifications) in object code, executable |
| 117 form only, You must include a prominent notice, in the code itself as well as in |
| 118 related documentation, stating that Source Code of the Covered Code is available |
| 119 under the terms of this License with information on how and where to obtain such |
| 120 Source Code. |
| 121 |
| 122 2.4 Third Party Rights. You expressly acknowledge and agree that although |
| 123 Apple and each Contributor grants the licenses to their respective portions of |
| 124 the Covered Code set forth herein, no assurances are provided by Apple or any |
| 125 Contributor that the Covered Code does not infringe the patent or other |
| 126 intellectual property rights of any other entity. Apple and each Contributor |
| 127 disclaim any liability to You for claims brought by any other entity based on |
| 128 infringement of intellectual property rights or otherwise. As a condition to |
| 129 exercising the rights and licenses granted hereunder, You hereby assume sole |
| 130 responsibility to secure any other intellectual property rights needed, if any. |
| 131 For example, if a third party patent license is required to allow You to |
| 132 distribute the Covered Code, it is Your responsibility to acquire that license |
| 133 before distributing the Covered Code. |
| 134 |
| 135 3. Your Grants. In consideration of, and as a condition to, the licenses |
| 136 granted to You under this License, You hereby grant to any person or entity |
| 137 receiving or distributing Covered Code under this License a non-exclusive, |
| 138 royalty-free, perpetual, irrevocable license, under Your Applicable Patent |
| 139 Rights and other intellectual property rights (other than patent) owned or |
| 140 controlled by You, to use, reproduce, display, perform, modify, sublicense, |
| 141 distribute and Externally Deploy Your Modifications of the same scope and extent |
| 142 as Apple's licenses under Sections 2.1 and 2.2 above. |
| 143 |
| 144 4. Larger Works. You may create a Larger Work by combining Covered Code wi
th |
| 145 other code not governed by the terms of this License and distribute the Larger |
| 146 Work as a single product. In each such instance, You must make sure the |
| 147 requirements of this License are fulfilled for the Covered Code or any portion |
| 148 thereof. |
| 149 |
| 150 5. Limitations on Patent License. Except as expressly stated in Section 2
, no |
| 151 other patent rights, express or implied, are granted by Apple herein. |
| 152 Modifications and/or Larger Works may require additional patent licenses from |
| 153 Apple which Apple may grant in its sole discretion. |
| 154 |
| 155 6. Additional Terms. You may choose to offer, and to charge a fee for, |
| 156 warranty, support, indemnity or liability obligations and/or other rights |
| 157 consistent with the scope of the license granted herein ("Additional Terms") to |
| 158 one or more recipients of Covered Code. However, You may do so only on Your own |
| 159 behalf and as Your sole responsibility, and not on behalf of Apple or any |
| 160 Contributor. You must obtain the recipient's agreement that any such Additional |
| 161 Terms are offered by You alone, and You hereby agree to indemnify, defend and |
| 162 hold Apple and every Contributor harmless for any liability incurred by or |
| 163 claims asserted against Apple or such Contributor by reason of any such |
| 164 Additional Terms. |
| 165 |
| 166 7. Versions of the License. Apple may publish revised and/or new versions
of |
| 167 this License from time to time. Each version will be given a distinguishing |
| 168 version number. Once Original Code has been published under a particular |
| 169 version of this License, You may continue to use it under the terms of that |
| 170 version. You may also choose to use such Original Code under the terms of any |
| 171 subsequent version of this License published by Apple. No one other than Apple |
| 172 has the right to modify the terms applicable to Covered Code created under this |
| 173 License. |
| 174 |
| 175 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in par
t |
| 176 pre-release, untested, or not fully tested works. The Covered Code may contain |
| 177 errors that could cause failures or loss of data, and may be incomplete or |
| 178 contain inaccuracies. You expressly acknowledge and agree that use of the |
| 179 Covered Code, or any portion thereof, is at Your sole and entire risk. THE |
| 180 COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF |
| 181 ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" |
| 182 FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM |
| 183 ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED |
| 184 TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY |
| 185 QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, |
| 186 AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT |
| 187 WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE |
| 188 FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE |
| 189 OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT |
| 190 DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION |
| 191 OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR |
| 192 SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended |
| 193 for use in the operation of nuclear facilities, aircraft navigation, |
| 194 communication systems, or air traffic control machines in which case the failure |
| 195 of the Covered Code could lead to death, personal injury, or severe physical or |
| 196 environmental damage. |
| 197 |
| 198 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVEN
T |
| 199 SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT |
| 200 OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE |
| 201 OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A |
| 202 THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR |
| 203 OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY |
| 204 OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY |
| 205 REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF |
| 206 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In |
| 207 no event shall Apple's total liability to You for all damages (other than as may |
| 208 be required by applicable law) under this License exceed the amount of fifty |
| 209 dollars ($50.00). |
| 210 |
| 211 10. Trademarks. This License does not grant any rights to use the trademark
s |
| 212 or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming |
| 213 Server" or any other trademarks, service marks, logos or trade names belonging |
| 214 to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or |
| 215 trade name belonging to any Contributor. You agree not to use any Apple Marks |
| 216 in or as part of the name of products derived from the Original Code or to |
| 217 endorse or promote products derived from the Original Code other than as |
| 218 expressly permitted by and in strict compliance at all times with Apple's third |
| 219 party trademark usage guidelines which are posted at |
| 220 http://www.apple.com/legal/guidelinesfor3rdparties.html. |
| 221 |
| 222 11. Ownership. Subject to the licenses granted under this License, each |
| 223 Contributor retains all rights, title and interest in and to any Modifications |
| 224 made by such Contributor. Apple retains all rights, title and interest in and |
| 225 to the Original Code and any Modifications made by or on behalf of Apple ("Apple |
| 226 Modifications"), and such Apple Modifications will not be automatically subject |
| 227 to this License. Apple may, at its sole discretion, choose to license such |
| 228 Apple Modifications under this License, or on different terms from those |
| 229 contained in this License or may choose not to license them at all. |
| 230 |
| 231 12. Termination. |
| 232 |
| 233 12.1 Termination. This License and the rights granted hereunder will |
| 234 terminate: |
| 235 |
| 236 (a) automatically without notice from Apple if You fail to comply with any |
| 237 term(s) of this License and fail to cure such breach within 30 days of becoming |
| 238 aware of such breach; (b) immediately in the event of the circumstances |
| 239 described in Section 13.5(b); or (c) automatically without notice from Apple
if |
| 240 You, at any time during the term of this License, commence an action for patent |
| 241 infringement against Apple; provided that Apple did not first commence an action |
| 242 for patent infringement against You in that instance. |
| 243 |
| 244 12.2 Effect of Termination. Upon termination, You agree to immediately stop |
| 245 any further use, reproduction, modification, sublicensing and distribution of |
| 246 the Covered Code. All sublicenses to the Covered Code which have been properly |
| 247 granted prior to termination shall survive any termination of this License. |
| 248 Provisions which, by their nature, should remain in effect beyond the |
| 249 termination of this License shall survive, including but not limited to Sections |
| 250 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for |
| 251 compensation, indemnity or damages of any sort solely as a result of terminating |
| 252 this License in accordance with its terms, and termination of this License will |
| 253 be without prejudice to any other right or remedy of any party. |
| 254 |
| 255 13. Miscellaneous. |
| 256 |
| 257 13.1 Government End Users. The Covered Code is a "commercial item" as defin
ed |
| 258 in FAR 2.101. Government software and technical data rights in the Covered Code |
| 259 include only those rights customarily provided to the public as defined in this |
| 260 License. This customary commercial license in technical data and software is |
| 261 provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer |
| 262 Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical |
| 263 Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software |
| 264 or Computer Software Documentation). Accordingly, all U.S. Government End Users |
| 265 acquire Covered Code with only those rights set forth herein. |
| 266 |
| 267 13.2 Relationship of Parties. This License will not be construed as creating |
| 268 an agency, partnership, joint venture or any other form of legal association |
| 269 between or among You, Apple or any Contributor, and You will not represent to |
| 270 the contrary, whether expressly, by implication, appearance or otherwise. |
| 271 |
| 272 13.3 Independent Development. Nothing in this License will impair Apple's |
| 273 right to acquire, license, develop, have others develop for it, market and/or |
| 274 distribute technology or products that perform the same or similar functions as, |
| 275 or otherwise compete with, Modifications, Larger Works, technology or products |
| 276 that You may develop, produce, market or distribute. |
| 277 |
| 278 13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce an
y |
| 279 provision of this License will not be deemed a waiver of future enforcement of |
| 280 that or any other provision. Any law or regulation which provides that the |
| 281 language of a contract shall be construed against the drafter will not apply to |
| 282 this License. |
| 283 |
| 284 13.5 Severability. (a) If for any reason a court of competent jurisdiction |
| 285 finds any provision of this License, or portion thereof, to be unenforceable, |
| 286 that provision of the License will be enforced to the maximum extent permissible |
| 287 so as to effect the economic benefits and intent of the parties, and the |
| 288 remainder of this License will continue in full force and effect. (b) |
| 289 Notwithstanding the foregoing, if applicable law prohibits or restricts You from |
| 290 fully and/or specifically complying with Sections 2 and/or 3 or prevents the |
| 291 enforceability of either of those Sections, this License will immediately |
| 292 terminate and You must immediately discontinue any use of the Covered Code and |
| 293 destroy all copies of it that are in your possession or control. |
| 294 |
| 295 13.6 Dispute Resolution. Any litigation or other dispute resolution between |
| 296 You and Apple relating to this License shall take place in the Northern District |
| 297 of California, and You and Apple hereby consent to the personal jurisdiction of, |
| 298 and venue in, the state and federal courts within that District with respect to |
| 299 this License. The application of the United Nations Convention on Contracts for |
| 300 the International Sale of Goods is expressly excluded. |
| 301 |
| 302 13.7 Entire Agreement; Governing Law. This License constitutes the entire |
| 303 agreement between the parties with respect to the subject matter hereof. This |
| 304 License shall be governed by the laws of the United States and the State of |
| 305 California, except that body of California law concerning conflicts of law. |
| 306 |
| 307 Where You are located in the province of Quebec, Canada, the following clause |
| 308 applies: The parties hereby confirm that they have requested that this License |
| 309 and all related documents be drafted in English. Les parties ont exigé que le |
| 310 présent contrat et tous les documents connexes soient rédigés en anglais. |
| 311 |
| 312 EXHIBIT A. |
| 313 |
| 314 "Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved. |
| 315 |
| 316 This file contains Original Code and/or Modifications of Original Code as |
| 317 defined in and that are subject to the Apple Public Source License Version 2.0 |
| 318 (the 'License'). You may not use this file except in compliance with the |
| 319 License. Please obtain a copy of the License at |
| 320 http://www.opensource.apple.com/apsl/ and read it before using this file. |
| 321 |
| 322 The Original Code and all software distributed under the License are distributed |
| 323 on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, |
| 324 AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, |
| 325 ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET |
| 326 ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language |
| 327 governing rights and limitations under the License." |
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