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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."
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