OLD | NEW |
(Empty) | |
| 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 |
OLD | NEW |