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- APPLE PUBLIC SOURCE LICENSE
-
- Version 1.1 - April 19, 1999 Please read this License carefully before downloading
- this software.
-
- By downloading and 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") publicly announces as subject to this
- Apple Public Source License 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 1.1 (or subsequent version
- thereof), as it may be revised from time to time by Apple ("License"). As
- used in this License:
-
- 1.1 "Affected Original Code" means only those specific portions of Original
- Code that allegedly infringe upon any party's intellectual property rights
- or are otherwise the subject of a claim of infringement.
-
- 1.2 "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.
-
- 1.3 "Covered Code" means the Original Code, Modifications, the combination
- of Original Code and any Modifications, and/or any respective portions thereof.
-
- 1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
- for Your internal research and development (R&D), and includes without limitation,
- any and all internal use or distribution of Covered Code within Your business
- or organization except for R&D use, as well as direct or indirect sublicensing
- or distribution of Covered Code by You to any third party in any form or manner.
-
- 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 Covered Code. 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 You may use, copy, modify and distribute Original Code, with or without
- Modifications, solely for Your internal research and development, provided
- that You must in each instance:
-
- (a) 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;
-
- (b) include a copy of this License with every copy of Source Code of Covered
- Code and documentation You distribute, 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; and
-
- (c) completely and accurately document all Modifications that you have made
- and the date of each such Modification, designate the version of the Original
- Code you used, prominently include a file carrying such information with the
- Modifications, and duplicate the notice in Exhibit A in each file of the Source
- Code of all such Modifications.
-
- 2.2 You may Deploy Covered Code, provided that You must in each instance:
-
- (a) satisfy all the conditions of Section 2.1 with respect to the Source Code
- of the Covered Code;
-
- (b) make all Your Deployed Modifications publicly available in Source Code
- form via electronic distribution (e.g. download from a web site) under the
- terms of this License and subject to the license grants set forth in Section
- 3 below, and any additional terms You may choose to offer under Section 6.
- You must continue to make the Source Code of Your Deployed Modifications available
- for as long as you Deploy the Covered Code or twelve (12) months from the
- date of initial Deployment, whichever is longer;
-
- (c) if You Deploy Covered Code containing Modifications made by You, inform
- others of how to obtain those Modifications by filling out and submitting
- the information found at http://www.apple.com/publicsource/modifications.html,
- if available; and
-
- (d) if You Deploy Covered Code in object code, executable form only, 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.
-
- 3. Your Grants. In consideration of, and as a condition to, the licenses granted
- to You under this License:
-
- (a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
- license, under Your Applicable Patent Rights and other intellectual property
- rights owned or controlled by You, to use, reproduce, modify, distribute and
- Deploy Your Modifications of the same scope and extent as Apple's licenses
- under Sections 2.1 and 2.2; and
-
- (b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
- royalty-free, perpetual and irrevocable license, under Your Applicable Patent
- Rights and other intellectual property rights owned or controlled by You,
- to use, reproduce, execute, compile, display, perform, modify or have modified
- (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
- in any form, through multiple tiers of distribution.
-
- 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. 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 harmless for
- any liability incurred by or claims asserted against Apple 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 Original Code may contain in whole or in part
- pre-release, untested, or not fully tested works. The Original 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
- Original Code, or any portion thereof, is at Your sole and entire risk. THE
- ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
- OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
- 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
- EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
- BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
- OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
- OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
- IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
- THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN
- THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
- GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
- OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
- Original 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 Original Code could lead to death, personal
- injury, or severe physical or environmental damage.
-
- 9. Liability.
-
- 9.1 Infringement. If any portion of, or functionality implemented by, the
- Original Code becomes the subject of a claim of infringement, Apple may, at
- its option: (a) attempt to procure the rights necessary for Apple and You
- to continue using the Affected Original Code; (b) modify the Affected Original
- Code so that it is no longer infringing; or (c) suspend Your rights to use,
- reproduce, modify, sublicense and distribute the Affected Original Code until
- a final determination of the claim is made by a court or governmental administrative
- agency of competent jurisdiction and Apple lifts the suspension as set forth
- below. Such suspension of rights will be effective immediately upon Apple's
- posting of a notice to such effect on the Apple web site that is used for
- implementation of this License. Upon such final determination being made,
- if Apple is legally able, without the payment of a fee or royalty, to resume
- use, reproduction, modification, sublicensing and distribution of the Affected
- Original Code, Apple will lift the suspension of rights to the Affected Original
- Code by posting a notice to such effect on the Apple web site that is used
- for implementation of this License. If Apple suspends Your rights to Affected
- Original Code, nothing in this License shall be construed to restrict You,
- at Your option and subject to applicable law, from replacing the Affected
- Original Code with non-infringing code or independently negotiating for necessary
- rights from such third party.
-
- 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE 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 ORIGINAL
- CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
- TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
- FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
- liability to You for all damages 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 OS X", "Mac OS X Server" or
- any other trademarks or trade names belonging to Apple (collectively "Apple
- Marks") and no Apple Marks may be used to endorse or promote products derived
- from the Original Code other than as 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. 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. Apple's development,
- use, reproduction, modification, sublicensing and distribution of Covered
- Code will not be subject to this License.
-
- 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.
-
- 12.2 Effect of Termination. Upon termination, You agree to immediately stop
- any further use, reproduction, modification, sublicensing and distribution
- of the Covered Code and to destroy all copies of the Covered Code that are
- in your possession or control. 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. Neither party will be liable to
- the 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
- either 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 You and Apple, 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 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 exige que
- le present contrat et tous les documents connexes soient rediges en anglais.
- EXHIBIT A.
-
- "Portions Copyright (c) 1999-2000 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
- 1.1 (the "License"). You may not use this file except in compliance with the
- License. Please obtain a copy of the License at http://www.apple.com/publicsource
- 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 OR NON-
- INFRINGEMENT. Please see the License for the specific language governing rights
- and limitations under the License."
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