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Issue 3801013: Move APSL code into third_party. (Closed) Base URL: svn://chrome-svn/chrome/trunk/src/
Patch Set: '' Created 10 years, 2 months ago
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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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