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  1. Apple Public Source License Ver. 1.2
  2. 1. General; Definitions. This License applies to any program or other work
  3. which Apple Computer, Inc. ("Apple") makes publicly available and which contains
  4. a notice placed by Apple identifying such program or work as "Original Code"
  5. and stating that it is subject to the terms of this Apple Public Source License
  6. version 1.2 (or subsequent version thereof) ("License"). As used in this License:
  7. 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
  8. of rights, (i) claims of patents that are now or hereafter acquired, owned
  9. by or assigned to Apple and (ii) that cover subject matter contained in the
  10. Original Code, but only to the extent necessary to use, reproduce and/or distribute
  11. the Original Code without infringement; and (b) in the case where You are
  12. the grantor of rights, (i) claims of patents that are now or hereafter acquired,
  13. owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
  14. taken alone or in combination with Original Code.
  15. 1.2 "Contributor" means any person or entity that creates or contributes to
  16. the creation of Modifications.
  17. 1.3 "Covered Code" means the Original Code, Modifications, the combination
  18. of Original Code and any Modifications, and/or any respective portions thereof.
  19. 1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
  20. for Your internal research and development (R&D) and/or Personal Use, and
  21. includes without limitation, any and all internal use or distribution of Covered
  22. Code within Your business or organization except for R&D use and/or Personal
  23. Use, as well as direct or indirect sublicensing or distribution of Covered
  24. Code by You to any third party in any form or manner.
  25. 1.5 "Larger Work" means a work which combines Covered Code or portions thereof
  26. with code not governed by the terms of this License.
  27. 1.6 "Modifications" mean any addition to, deletion from, and/or change to,
  28. the substance and/or structure of the Original Code, any previous Modifications,
  29. the combination of Original Code and any previous Modifications, and/or any
  30. respective portions thereof. When code is released as a series of files, a
  31. Modification is: (a) any addition to or deletion from the contents of a file
  32. containing Covered Code; and/or (b) any new file or other representation of
  33. computer program statements that contains any part of Covered Code.
  34. 1.7 "Original Code" means (a) the Source Code of a program or other work as
  35. originally made available by Apple under this License, including the Source
  36. Code of any updates or upgrades to such programs or works made available by
  37. Apple under this License, and that has been expressly identified by Apple
  38. as such in the header file(s) of such work; and (b) the object code compiled
  39. from such Source Code and originally made available by Apple under this License.
  40. 1.8 "Personal Use" means use of Covered Code by an individual solely for his
  41. or her personal, private and non-commercial purposes. An individual's use
  42. of Covered Code in his or her capacity as an officer, employee, member, independent
  43. contractor or agent of a corporation, business or organization (commercial
  44. or non-commercial) does not qualify as Personal Use.
  45. 1.9 "Source Code" means the human readable form of a program or other work
  46. that is suitable for making modifications to it, including all modules it
  47. contains, plus any associated interface definition files, scripts used to
  48. control compilation and installation of an executable (object code).
  49. 1.10 "You" or "Your" means an individual or a legal entity exercising rights
  50. under this License. For legal entities, "You" or "Your" includes any entity
  51. which controls, is controlled by, or is under common control with, You, where
  52. "control" means (a) the power, direct or indirect, to cause the direction
  53. or management of such entity, whether by contract or otherwise, or (b) ownership
  54. of fifty percent (50%) or more of the outstanding shares or beneficial ownership
  55. of such entity.
  56. 2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions
  57. of this License, Apple hereby grants You, effective on the date You accept
  58. this License and download the Original Code, a world-wide, royalty-free, non-exclusive
  59. license, to the extent of Apple's Applicable Patent Rights and copyrights
  60. covering the Original Code, to do the following:
  61. 2.1 You may use, reproduce, display, perform, modify and distribute Original
  62. Code, with or without Modifications, solely for Your internal research and
  63. development and/or Personal Use, provided that in each instance:
  64. (a) You must retain and reproduce in all copies of Original Code the copyright
  65. and other proprietary notices and disclaimers of Apple as they appear in the
  66. Original Code, and keep intact all notices in the Original Code that refer
  67. to this License; and
  68. (b) You must include a copy of this License with every copy of Source Code
  69. of Covered Code and documentation You distribute, and You may not offer or
  70. impose any terms on such Source Code that alter or restrict this License or
  71. the recipients' rights hereunder, except as permitted under Section 6.
  72. 2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
  73. provided that in each instance:
  74. (a) You must satisfy all the conditions of Section 2.1 with respect to the
  75. Source Code of the Covered Code;
  76. (b) You must duplicate, to the extent it does not already exist, the notice
  77. in Exhibit A in each file of the Source Code of all Your Modifications, and
  78. cause the modified files to carry prominent notices stating that You changed
  79. the files and the date of any change;
  80. (c) You must make Source Code of all Your Deployed Modifications publicly
  81. available under the terms of this License, including the license grants set
  82. forth in Section 3 below, for as long as you Deploy the Covered Code or twelve
  83. (12) months from the date of initial Deployment, whichever is longer. You
  84. should preferably distribute the Source Code of Your Deployed Modifications
  85. electronically (e.g. download from a web site); and
  86. (d) if You Deploy Covered Code in object code, executable form only, You must
  87. include a prominent notice, in the code itself as well as in related documentation,
  88. stating that Source Code of the Covered Code is available under the terms
  89. of this License with information on how and where to obtain such Source Code.
  90. 2.3 You expressly acknowledge and agree that although Apple and each Contributor
  91. grants the licenses to their respective portions of the Covered Code set forth
  92. herein, no assurances are provided by Apple or any Contributor that the Covered
  93. Code does not infringe the patent or other intellectual property rights of
  94. any other entity. Apple and each Contributor disclaim any liability to You
  95. for claims brought by any other entity based on infringement of intellectual
  96. property rights or otherwise. As a condition to exercising the rights and
  97. licenses granted hereunder, You hereby assume sole responsibility to secure
  98. any other intellectual property rights needed, if any. For example, if a third
  99. party patent license is required to allow You to distribute the Covered Code,
  100. it is Your responsibility to acquire that license before distributing the
  101. Covered Code.
  102. 3. Your Grants. In consideration of, and as a condition to, the licenses granted
  103. to You under this License:
  104. (a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
  105. license, under Your Applicable Patent Rights and other intellectual property
  106. rights (other than patent) owned or controlled by You, to use, reproduce,
  107. display, perform, modify, distribute and Deploy Your Modifications of the
  108. same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
  109. (b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
  110. royalty-free, perpetual and irrevocable license, under Your Applicable Patent
  111. Rights and other intellectual property rights (other than patent) owned or
  112. controlled by You, to use, reproduce, display, perform, modify or have modified
  113. (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
  114. in any form, through multiple tiers of distribution.
  115. 4. Larger Works. You may create a Larger Work by combining Covered Code with
  116. other code not governed by the terms of this License and distribute the Larger
  117. Work as a single product. In each such instance, You must make sure the requirements
  118. of this License are fulfilled for the Covered Code or any portion thereof.
  119. 5. Limitations on Patent License. Except as expressly stated in Section 2,
  120. no other patent rights, express or implied, are granted by Apple herein. Modifications
  121. and/or Larger Works may require additional patent licenses from Apple which
  122. Apple may grant in its sole discretion.
  123. 6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
  124. support, indemnity or liability obligations and/or other rights consistent
  125. with the scope of the license granted herein ("Additional Terms") to one or
  126. more recipients of Covered Code. However, You may do so only on Your own behalf
  127. and as Your sole responsibility, and not on behalf of Apple or any Contributor.
  128. You must obtain the recipient's agreement that any such Additional Terms are
  129. offered by You alone, and You hereby agree to indemnify, defend and hold Apple
  130. and every Contributor harmless for any liability incurred by or claims asserted
  131. against Apple or such Contributor by reason of any such Additional Terms.
  132. 7. Versions of the License. Apple may publish revised and/or new versions
  133. of this License from time to time. Each version will be given a distinguishing
  134. version number. Once Original Code has been published under a particular version
  135. of this License, You may continue to use it under the terms of that version.
  136. You may also choose to use such Original Code under the terms of any subsequent
  137. version of this License published by Apple. No one other than Apple has the
  138. right to modify the terms applicable to Covered Code created under this License.
  139. 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
  140. pre-release, untested, or not fully tested works. The Covered Code may contain
  141. errors that could cause failures or loss of data, and may be incomplete or
  142. contain inaccuracies. You expressly acknowledge and agree that use of the
  143. Covered Code, or any portion thereof, is at Your sole and entire risk. THE
  144. COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
  145. OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
  146. "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
  147. DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
  148. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
  149. OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
  150. OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
  151. CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
  152. COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
  153. REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
  154. OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL
  155. OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE
  156. OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
  157. Code is not intended for use in the operation of nuclear facilities, aircraft
  158. navigation, communication systems, or air traffic control machines in which
  159. case the failure of the Covered Code could lead to death, personal injury,
  160. or severe physical or environmental damage.
  161. 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
  162. SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
  163. OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
  164. USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
  165. UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
  166. LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
  167. OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
  168. PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
  169. OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
  170. YOU. In no event shall Apple's total liability to You for all damages (other
  171. than as may be required by applicable law) under this License exceed the amount
  172. of fifty dollars ($50.00).
  173. 10. Trademarks. This License does not grant any rights to use the trademarks
  174. or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server", "QuickTime",
  175. "QuickTime Streaming Server" or any other trademarks or trade names belonging
  176. to Apple (collectively "Apple Marks") or to any trademark or trade name belonging
  177. to any Contributor. No Apple Marks may be used to endorse or promote products
  178. derived from the Original Code other than as permitted by and in strict compliance
  179. at all times with Apple's third party trademark usage guidelines which are
  180. posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
  181. 11. Ownership. Subject to the licenses granted under this License, each Contributor
  182. retains all rights, title and interest in and to any Modifications made by
  183. such Contributor. Apple retains all rights, title and interest in and to the
  184. Original Code and any Modifications made by or on behalf of Apple ("Apple
  185. Modifications"), and such Apple Modifications will not be automatically subject
  186. to this License. Apple may, at its sole discretion, choose to license such
  187. Apple Modifications under this License, or on different terms from those contained
  188. in this License or may choose not to license them at all.
  189. 12. Termination.
  190. 12.1 Termination. This License and the rights granted hereunder will terminate:
  191. (a) automatically without notice from Apple if You fail to comply with any
  192. term(s) of this License and fail to cure such breach within 30 days of becoming
  193. aware of such breach;
  194. (b) immediately in the event of the circumstances described in Section 13.5(b);
  195. or
  196. (c) automatically without notice from Apple if You, at any time during the
  197. term of this License, commence an action for patent infringement against Apple.
  198. 12.2 Effect of Termination. Upon termination, You agree to immediately stop
  199. any further use, reproduction, modification, sublicensing and distribution
  200. of the Covered Code and to destroy all copies of the Covered Code that are
  201. in your possession or control. All sublicenses to the Covered Code which have
  202. been properly granted prior to termination shall survive any termination of
  203. this License. Provisions which, by their nature, should remain in effect beyond
  204. the termination of this License shall survive, including but not limited to
  205. Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
  206. for compensation, indemnity or damages of any sort solely as a result of terminating
  207. this License in accordance with its terms, and termination of this License
  208. will be without prejudice to any other right or remedy of any party.
  209. 13. Miscellaneous.
  210. 13.1 Government End Users. The Covered Code is a "commercial item" as defined
  211. in FAR 2.101. Government software and technical data rights in the Covered
  212. Code include only those rights customarily provided to the public as defined
  213. in this License. This customary commercial license in technical data and software
  214. is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
  215. Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
  216. Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
  217. or Computer Software Documentation). Accordingly, all U.S. Government End
  218. Users acquire Covered Code with only those rights set forth herein.
  219. 13.2 Relationship of Parties. This License will not be construed as creating
  220. an agency, partnership, joint venture or any other form of legal association
  221. between or amongYou, Apple or any Contributor, and You will not represent
  222. to the contrary, whether expressly, by implication, appearance or otherwise.
  223. 13.3 Independent Development. Nothing in this License will impair Apple's
  224. right to acquire, license, develop, have others develop for it, market and/or
  225. distribute technology or products that perform the same or similar functions
  226. as, or otherwise compete with, Modifications, Larger Works, technology or
  227. products that You may develop, produce, market or distribute.
  228. 13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
  229. any provision of this License will not be deemed a waiver of future enforcement
  230. of that or any other provision. Any law or regulation which provides that
  231. the language of a contract shall be construed against the drafter will not
  232. apply to this License.
  233. 13.5 Severability. (a) If for any reason a court of competent jurisdiction
  234. finds any provision of this License, or portion thereof, to be unenforceable,
  235. that provision of the License will be enforced to the maximum extent permissible
  236. so as to effect the economic benefits and intent of the parties, and the remainder
  237. of this License will continue in full force and effect. (b) Notwithstanding
  238. the foregoing, if applicable law prohibits or restricts You from fully and/or
  239. specifically complying with Sections 2 and/or 3 or prevents the enforceability
  240. of either of those Sections, this License will immediately terminate and You
  241. must immediately discontinue any use of the Covered Code and destroy all copies
  242. of it that are in your possession or control.
  243. 13.6 Dispute Resolution. Any litigation or other dispute resolution between
  244. You and Apple relating to this License shall take place in the Northern District
  245. of California, and You and Apple hereby consent to the personal jurisdiction
  246. of, and venue in, the state and federal courts within that District with respect
  247. to this License. The application of the United Nations Convention on Contracts
  248. for the International Sale of Goods is expressly excluded.
  249. 13.7 Entire Agreement; Governing Law. This License constitutes the entire
  250. agreement between the parties with respect to the subject matter hereof. This
  251. License shall be governed by the laws of the United States and the State of
  252. California, except that body of California law concerning conflicts of law.
  253. Where You are located in the province of Quebec, Canada, the following clause
  254. applies: The parties hereby confirm that they have requested that this License
  255. and all related documents be drafted in English. Les parties ont exigé que
  256. le présent contrat et tous les documents connexes soient rédigés en anglais.
  257. EXHIBIT A.
  258. "Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights Reserved.
  259. This file contains Original Code and/or Modifications of Original Code as
  260. defined in and that are subject to the Apple Public Source License Version
  261. 1.2 (the 'License'). You may not use this file except in compliance with the
  262. License. Please obtain a copy of the License at http://www.apple.com/publicsource
  263. and read it before using this file.
  264. The Original Code and all software distributed under the License are distributed
  265. on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
  266. AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
  267. ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
  268. ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
  269. governing rights and limitations under the License."
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