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  1. APPLE PUBLIC SOURCE LICENSE
  2. Version 1.1 - April 19, 1999 Please read this License carefully before downloading
  3. this software.
  4. By downloading and using this software, you are agreeing to be bound by the
  5. terms of this License. If you do not or cannot agree to the terms of this
  6. License, please do not download or use the software.
  7. 1. General; Definitions. This License applies to any program or other work
  8. which Apple Computer, Inc. ("Apple") publicly announces as subject to this
  9. Apple Public Source License and which contains a notice placed by Apple identifying
  10. such program or work as "Original Code" and stating that it is subject to
  11. the terms of this Apple Public Source License version 1.1 (or subsequent version
  12. thereof), as it may be revised from time to time by Apple ("License"). As
  13. used in this License:
  14. 1.1 "Affected Original Code" means only those specific portions of Original
  15. Code that allegedly infringe upon any party's intellectual property rights
  16. or are otherwise the subject of a claim of infringement.
  17. 1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
  18. of rights, (i) claims of patents that are now or hereafter acquired, owned
  19. by or assigned to Apple and (ii) that cover subject matter contained in the
  20. Original Code, but only to the extent necessary to use, reproduce and/or distribute
  21. the Original Code without infringement; and (b) in the case where You are
  22. the grantor of rights, (i) claims of patents that are now or hereafter acquired,
  23. owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
  24. taken alone or in combination with Original Code.
  25. 1.3 "Covered Code" means the Original Code, Modifications, the combination
  26. of Original Code and any Modifications, and/or any respective portions thereof.
  27. 1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
  28. for Your internal research and development (R&D), and includes without limitation,
  29. any and all internal use or distribution of Covered Code within Your business
  30. or organization except for R&D use, as well as direct or indirect sublicensing
  31. or distribution of Covered Code by You to any third party in any form or manner.
  32. 1.5 "Larger Work" means a work which combines Covered Code or portions thereof
  33. with code not governed by the terms of this License.
  34. 1.6 "Modifications" mean any addition to, deletion from, and/or change to,
  35. the substance and/or structure of Covered Code. When code is released as a
  36. series of files, a Modification is: (a) any addition to or deletion from the
  37. contents of a file containing Covered Code; and/or (b) any new file or other
  38. representation of computer program statements that contains any part of Covered
  39. Code.
  40. 1.7 "Original Code" means (a) the Source Code of a program or other work as
  41. originally made available by Apple under this License, including the Source
  42. Code of any updates or upgrades to such programs or works made available by
  43. Apple under this License, and that has been expressly identified by Apple
  44. as such in the header file(s) of such work; and (b) the object code compiled
  45. from such Source Code and originally made available by Apple under this License.
  46. 1.8 "Source Code" means the human readable form of a program or other work
  47. that is suitable for making modifications to it, including all modules it
  48. contains, plus any associated interface definition files, scripts used to
  49. control compilation and installation of an executable (object code).
  50. 1.9 "You" or "Your" means an individual or a legal entity exercising rights
  51. under this License. For legal entities, "You" or "Your" includes any entity
  52. which controls, is controlled by, or is under common control with, You, where
  53. "control" means (a) the power, direct or indirect, to cause the direction
  54. or management of such entity, whether by contract or otherwise, or (b) ownership
  55. of fifty percent (50%) or more of the outstanding shares or beneficial ownership
  56. of such entity.
  57. 2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
  58. of this License, Apple hereby grants You, effective on the date You accept
  59. this License and download the Original Code, a world-wide, royalty-free, non-
  60. exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights
  61. covering the Original Code, to do the following:
  62. 2.1 You may use, copy, modify and distribute Original Code, with or without
  63. Modifications, solely for Your internal research and development, provided
  64. that You must in each instance:
  65. (a) retain and reproduce in all copies of Original Code the copyright and
  66. other proprietary notices and disclaimers of Apple as they appear in the Original
  67. Code, and keep intact all notices in the Original Code that refer to this
  68. License;
  69. (b) include a copy of this License with every copy of Source Code of Covered
  70. Code and documentation You distribute, and You may not offer or impose any
  71. terms on such Source Code that alter or restrict this License or the recipients'
  72. rights hereunder, except as permitted under Section 6; and
  73. (c) completely and accurately document all Modifications that you have made
  74. and the date of each such Modification, designate the version of the Original
  75. Code you used, prominently include a file carrying such information with the
  76. Modifications, and duplicate the notice in Exhibit A in each file of the Source
  77. Code of all such Modifications.
  78. 2.2 You may Deploy Covered Code, provided that You must in each instance:
  79. (a) satisfy all the conditions of Section 2.1 with respect to the Source Code
  80. of the Covered Code;
  81. (b) make all Your Deployed Modifications publicly available in Source Code
  82. form via electronic distribution (e.g. download from a web site) under the
  83. terms of this License and subject to the license grants set forth in Section
  84. 3 below, and any additional terms You may choose to offer under Section 6.
  85. You must continue to make the Source Code of Your Deployed Modifications available
  86. for as long as you Deploy the Covered Code or twelve (12) months from the
  87. date of initial Deployment, whichever is longer;
  88. (c) if You Deploy Covered Code containing Modifications made by You, inform
  89. others of how to obtain those Modifications by filling out and submitting
  90. the information found at http://www.apple.com/publicsource/modifications.html,
  91. if available; and
  92. (d) if You Deploy Covered Code in object code, executable form only, include
  93. a prominent notice, in the code itself as well as in related documentation,
  94. stating that Source Code of the Covered Code is available under the terms
  95. of this License with information on how and where to obtain such Source Code.
  96. 3. Your Grants. In consideration of, and as a condition to, the licenses granted
  97. to You under this License:
  98. (a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
  99. license, under Your Applicable Patent Rights and other intellectual property
  100. rights owned or controlled by You, to use, reproduce, modify, distribute and
  101. Deploy Your Modifications of the same scope and extent as Apple's licenses
  102. under Sections 2.1 and 2.2; and
  103. (b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
  104. royalty-free, perpetual and irrevocable license, under Your Applicable Patent
  105. Rights and other intellectual property rights owned or controlled by You,
  106. to use, reproduce, execute, compile, display, perform, modify or have modified
  107. (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
  108. in any form, through multiple tiers of distribution.
  109. 4. Larger Works. You may create a Larger Work by combining Covered Code with
  110. other code not governed by the terms of this License and distribute the Larger
  111. Work as a single product. In each such instance, You must make sure the requirements
  112. of this License are fulfilled for the Covered Code or any portion thereof.
  113. 5. Limitations on Patent License. Except as expressly stated in Section 2,
  114. no other patent rights, express or implied, are granted by Apple herein. Modifications
  115. and/or Larger Works may require additional patent licenses from Apple which
  116. Apple may grant in its sole discretion.
  117. 6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
  118. support, indemnity or liability obligations and/or other rights consistent
  119. with the scope of the license granted herein ("Additional Terms") to one or
  120. more recipients of Covered Code. However, You may do so only on Your own behalf
  121. and as Your sole responsibility, and not on behalf of Apple. You must obtain
  122. the recipient's agreement that any such Additional Terms are offered by You
  123. alone, and You hereby agree to indemnify, defend and hold Apple harmless for
  124. any liability incurred by or claims asserted against Apple by reason of any
  125. such Additional Terms.
  126. 7. Versions of the License. Apple may publish revised and/or new versions
  127. of this License from time to time. Each version will be given a distinguishing
  128. version number. Once Original Code has been published under a particular version
  129. of this License, You may continue to use it under the terms of that version.
  130. You may also choose to use such Original Code under the terms of any subsequent
  131. version of this License published by Apple. No one other than Apple has the
  132. right to modify the terms applicable to Covered Code created under this License.
  133. 8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
  134. pre-release, untested, or not fully tested works. The Original Code may contain
  135. errors that could cause failures or loss of data, and may be incomplete or
  136. contain inaccuracies. You expressly acknowledge and agree that use of the
  137. Original Code, or any portion thereof, is at Your sole and entire risk. THE
  138. ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
  139. OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
  140. 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
  141. EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
  142. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
  143. OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
  144. OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
  145. IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
  146. THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN
  147. THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
  148. GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
  149. OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
  150. Original Code is not intended for use in the operation of nuclear facilities,
  151. aircraft navigation, communication systems, or air traffic control machines
  152. in which case the failure of the Original Code could lead to death, personal
  153. injury, or severe physical or environmental damage.
  154. 9. Liability.
  155. 9.1 Infringement. If any portion of, or functionality implemented by, the
  156. Original Code becomes the subject of a claim of infringement, Apple may, at
  157. its option: (a) attempt to procure the rights necessary for Apple and You
  158. to continue using the Affected Original Code; (b) modify the Affected Original
  159. Code so that it is no longer infringing; or (c) suspend Your rights to use,
  160. reproduce, modify, sublicense and distribute the Affected Original Code until
  161. a final determination of the claim is made by a court or governmental administrative
  162. agency of competent jurisdiction and Apple lifts the suspension as set forth
  163. below. Such suspension of rights will be effective immediately upon Apple's
  164. posting of a notice to such effect on the Apple web site that is used for
  165. implementation of this License. Upon such final determination being made,
  166. if Apple is legally able, without the payment of a fee or royalty, to resume
  167. use, reproduction, modification, sublicensing and distribution of the Affected
  168. Original Code, Apple will lift the suspension of rights to the Affected Original
  169. Code by posting a notice to such effect on the Apple web site that is used
  170. for implementation of this License. If Apple suspends Your rights to Affected
  171. Original Code, nothing in this License shall be construed to restrict You,
  172. at Your option and subject to applicable law, from replacing the Affected
  173. Original Code with non-infringing code or independently negotiating for necessary
  174. rights from such third party.
  175. 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
  176. FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
  177. OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
  178. CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
  179. TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
  180. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
  181. FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
  182. liability to You for all damages under this License exceed the amount of fifty
  183. dollars ($50.00).
  184. 10. Trademarks. This License does not grant any rights to use the trademarks
  185. or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
  186. any other trademarks or trade names belonging to Apple (collectively "Apple
  187. Marks") and no Apple Marks may be used to endorse or promote products derived
  188. from the Original Code other than as permitted by and in strict compliance
  189. at all times with Apple's third party trademark usage guidelines which are
  190. posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
  191. 11. Ownership. Apple retains all rights, title and interest in and to the
  192. Original Code and any Modifications made by or on behalf of Apple ("Apple
  193. Modifications"), and such Apple Modifications will not be automatically subject
  194. to this License. Apple may, at its sole discretion, choose to license such
  195. Apple Modifications under this License, or on different terms from those contained
  196. in this License or may choose not to license them at all. Apple's development,
  197. use, reproduction, modification, sublicensing and distribution of Covered
  198. Code will not be subject to this License.
  199. 12. Termination.
  200. 12.1 Termination. This License and the rights granted hereunder will terminate:
  201. (a) automatically without notice from Apple if You fail to comply with any
  202. term(s) of this License and fail to cure such breach within 30 days of becoming
  203. aware of such breach;
  204. (b) immediately in the event of the circumstances described in Section 13.5(b);
  205. or
  206. (c) automatically without notice from Apple if You, at any time during the
  207. term of this License, commence an action for patent infringement against Apple.
  208. 12.2 Effect of Termination. Upon termination, You agree to immediately stop
  209. any further use, reproduction, modification, sublicensing and distribution
  210. of the Covered Code and to destroy all copies of the Covered Code that are
  211. in your possession or control. All sublicenses to the Covered Code which have
  212. been properly granted prior to termination shall survive any termination of
  213. this License. Provisions which, by their nature, should remain in effect beyond
  214. the termination of this License shall survive, including but not limited to
  215. Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to
  216. the other for compensation, indemnity or damages of any sort solely as a result
  217. of terminating this License in accordance with its terms, and termination
  218. of this License will be without prejudice to any other right or remedy of
  219. either party.
  220. 13. Miscellaneous.
  221. 13.1 Government End Users. The Covered Code is a "commercial item" as defined
  222. in FAR 2.101. Government software and technical data rights in the Covered
  223. Code include only those rights customarily provided to the public as defined
  224. in this License. This customary commercial license in technical data and software
  225. is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
  226. Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
  227. Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
  228. or Computer Software Documentation). Accordingly, all U.S. Government End
  229. Users acquire Covered Code with only those rights set forth herein.
  230. 13.2 Relationship of Parties. This License will not be construed as creating
  231. an agency, partnership, joint venture or any other form of legal association
  232. between You and Apple, and You will not represent to the contrary, whether
  233. expressly, by implication, appearance or otherwise.
  234. 13.3 Independent Development. Nothing in this License will impair Apple's
  235. right to acquire, license, develop, have others develop for it, market and/or
  236. distribute technology or products that perform the same or similar functions
  237. as, or otherwise compete with, Modifications, Larger Works, technology or
  238. products that You may
  239. develop, produce, market or distribute.
  240. 13.4 Waiver; Construction. Failure by Apple to enforce any provision of this
  241. License will not be deemed a waiver of future enforcement of that or any other
  242. provision. Any law or regulation which provides that the language of a contract
  243. shall be construed against the drafter will not apply to this License.
  244. 13.5 Severability. (a) If for any reason a court of competent jurisdiction
  245. finds any provision of this License, or portion thereof, to be unenforceable,
  246. that provision of the License will be enforced to the maximum extent permissible
  247. so as to effect the economic benefits and intent of the parties, and the remainder
  248. of this License will continue in full force and effect. (b) Notwithstanding
  249. the foregoing, if applicable law prohibits or restricts You from fully and/or
  250. specifically complying with Sections 2 and/or 3 or prevents the enforceability
  251. of either of those Sections, this License will immediately terminate and You
  252. must immediately discontinue any use of the Covered Code and destroy all copies
  253. of it that are in your possession or control.
  254. 13.6 Dispute Resolution. Any litigation or other dispute resolution between
  255. You and Apple relating to this License shall take place in the Northern District
  256. of California, and You and Apple hereby consent to the personal jurisdiction
  257. of, and venue in, the state and federal courts within that District with respect
  258. to this License. The application of the United Nations Convention on Contracts
  259. for the International Sale of Goods is expressly excluded.
  260. 13.7 Entire Agreement; Governing Law. This License constitutes the entire
  261. agreement between the parties with respect to the subject matter hereof. This
  262. License shall be governed by the laws of the United States and the State of
  263. California, except that body of California law concerning conflicts of law.
  264. Where You are located in the province of Quebec, Canada, the following clause
  265. applies: The parties hereby confirm that they have requested that this License
  266. and all related documents be drafted in English. Les parties ont exige que
  267. le present contrat et tous les documents connexes soient rediges en anglais.
  268. EXHIBIT A.
  269. "Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved.
  270. This file contains Original Code and/or Modifications of Original Code as
  271. defined in and that are subject to the Apple Public Source License Version
  272. 1.1 (the "License"). You may not use this file except in compliance with the
  273. License. Please obtain a copy of the License at http://www.apple.com/publicsource
  274. and read it before using this file.
  275. The Original Code and all software distributed under the License are distributed
  276. on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
  277. AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
  278. ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
  279. INFRINGEMENT. Please see the License for the specific language governing rights
  280. and limitations under the License."
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