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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.
- 1. General; Definitions. This License applies to any program or other
- work which Apple Computer, 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 documentatble 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
- licensesrms") 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", "Apple Computer", "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 isce 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) 1999-2003 Apple Computer, 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."
- Please read the terms of this license carefully. By clicking on the
- "Yes, I Accept" button below you are accepting and agreeing to the terms
- of this license with Apple Computer, Inc. If you are agreeing to this
- license on behalf of a company, you represent that you are authorized to
- bind the company to such a license. If you do not meet this criterion or
- you do not agree to any of the terms of this license, please click on
- the "No, I Reject" button below or use your browser's Back button to
- exit this page.
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