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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." |
+ |