Return to APPLE_LICENSE CVS log

Up to [Apple XNU] / XNU

Annotation of XNU/APPLE_LICENSE, revision 1.1

1.1     ! root        1: APPLE PUBLIC SOURCE LICENSE
        !             2: Version 1.1 - April 19,1999
        !             3: 
        !             4: Please read this License carefully before downloading this software.
        !             5: By downloading and using this software, you are agreeing to be bound
        !             6: by the terms of this License.  If you do not or cannot agree to the
        !             7: terms of this License, please do not download or use the software.
        !             8: 
        !             9: 1. General; Definitions.  This License applies to any program or other
        !            10: work which Apple Computer, Inc. ("Apple") publicly announces as
        !            11: subject to this Apple Public Source License and which contains a
        !            12: notice placed by Apple identifying such program or work as "Original
        !            13: Code" and stating that it is subject to the terms of this Apple Public
        !            14: Source License version 1.1 (or subsequent version thereof), as it may
        !            15: be revised from time to time by Apple ("License").  As used in this
        !            16: License:
        !            17: 
        !            18: 1.1 "Affected Original Code" means only those specific portions of
        !            19: Original Code that allegedly infringe upon any party's intellectual
        !            20: property rights or are otherwise the subject of a claim of
        !            21: infringement.
        !            22: 
        !            23: 1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is
        !            24: the grantor of rights, (i) claims of patents that are now or hereafter
        !            25: acquired, owned by or assigned to Apple and (ii) that cover subject
        !            26: matter contained in the Original Code, but only to the extent
        !            27: necessary to use, reproduce and/or distribute the Original Code
        !            28: without infringement; and (b) in the case where You are the grantor of
        !            29: rights, (i) claims of patents that are now or hereafter acquired,
        !            30: owned by or assigned to You and (ii) that cover subject matter in Your
        !            31: Modifications, taken alone or in combination with Original Code.
        !            32: 
        !            33: 1.3 "Covered Code" means the Original Code, Modifications, the
        !            34: combination of Original Code and any Modifications, and/or any
        !            35: respective portions thereof.
        !            36: 
        !            37: 1.4 "Deploy" means to use, sublicense or distribute Covered Code other
        !            38: than for Your internal research and development (R&D), and includes
        !            39: without limitation, any and all internal use or distribution of
        !            40: Covered Code within Your business or organization except for R&D use,
        !            41: as well as direct or indirect sublicensing or distribution of Covered
        !            42: Code by You to any third party in any form or manner.
        !            43: 
        !            44: 1.5 "Larger Work" means a work which combines Covered Code or portions
        !            45: thereof with code not governed by the terms of this License.
        !            46: 
        !            47: 1.6 "Modifications" mean any addition to, deletion from, and/or change
        !            48: to, the substance and/or structure of Covered Code.  When code is
        !            49: released as a series of files, a Modification is: (a) any addition to
        !            50: or deletion from the contents of a file containing Covered Code;
        !            51: and/or (b) any new file or other representation of computer program
        !            52: statements that contains any part of Covered Code.
        !            53: 
        !            54: 1.7 "Original Code" means (a) the Source Code of a program or other
        !            55: work as originally made available by Apple under this License,
        !            56: including the Source Code of any updates or upgrades to such programs
        !            57: or works made available by Apple under this License, and that has been
        !            58: expressly identified by Apple as such in the header file(s) of such
        !            59: work; and (b) the object code compiled from such Source Code and
        !            60: originally made available by Apple under this License.
        !            61: 
        !            62: 1.8 "Source Code" means the human readable form of a program or other
        !            63: work that is suitable for making modifications to it, including all
        !            64: modules it contains, plus any associated interface definition files,
        !            65: scripts used to control compilation and installation of an executable
        !            66: (object code).
        !            67: 
        !            68: 1.9 "You" or "Your" means an individual or a legal entity exercising
        !            69: rights under this License.  For legal entities, "You" or "Your"
        !            70: includes any entity which controls, is controlled by, or is under
        !            71: common control with, You, where "control" means (a) the power, direct
        !            72: or indirect, to cause the direction or management of such entity,
        !            73: whether by contract or otherwise, or (b) ownership of fifty percent
        !            74: (50%) or more of the outstanding shares or beneficial ownership of
        !            75: such entity.
        !            76: 
        !            77: 2. Permitted Uses; Conditions & Restrictions.  Subject to the terms
        !            78: and conditions of this License, Apple hereby grants You, effective on
        !            79: the date You accept this License and download the Original Code, a
        !            80: world-wide, royalty-free, non- exclusive license, to the extent of
        !            81: Apple's Applicable Patent Rights and copyrights covering the Original
        !            82: Code, to do the following:
        !            83: 
        !            84: 2.1 You may use, copy, modify and distribute Original Code, with or
        !            85: without Modifications, solely for Your internal research and
        !            86: development, provided that You must in each instance:
        !            87: 
        !            88: (a) retain and reproduce in all copies of Original Code the copyright
        !            89: and other proprietary notices and disclaimers of Apple as they appear
        !            90: in the Original Code, and keep intact all notices in the Original Code
        !            91: that refer to this License;
        !            92: 
        !            93: (b) include a copy of this License with every copy of Source Code of
        !            94: Covered Code and documentation You distribute, and You may not offer
        !            95: or impose any terms on such Source Code that alter or restrict this
        !            96: License or the recipients' rights hereunder, except as permitted under
        !            97: Section 6; and
        !            98: 
        !            99: (c) completely and accurately document all Modifications that you have
        !           100: made and the date of each such Modification, designate the version of
        !           101: the Original Code you used, prominently include a file carrying such
        !           102: information with the Modifications, and duplicate the notice in
        !           103: Exhibit A in each file of the Source Code of all such Modifications.
        !           104: 
        !           105: 2.2 You may Deploy Covered Code, provided that You must in each
        !           106:   instance:
        !           107: 
        !           108: (a) satisfy all the conditions of Section 2.1 with respect to the
        !           109: Source Code of the Covered Code;
        !           110: 
        !           111: (b) make all Your Deployed Modifications publicly available in Source
        !           112: Code form via electronic distribution (e.g. download from a web site)
        !           113: under the terms of this License and subject to the license grants set
        !           114: forth in Section 3 below, and any additional terms You may choose to
        !           115: offer under Section 6.  You must continue to make the Source Code of
        !           116: Your Deployed Modifications available for as long as you Deploy the
        !           117: Covered Code or twelve (12) months from the date of initial
        !           118: Deployment, whichever is longer;
        !           119: 
        !           120: (c) if You Deploy Covered Code containing Modifications made by You,
        !           121: inform others of how to obtain those Modifications by filling out and
        !           122: submitting the information found at
        !           123: http://www.apple.com/publicsource/modifications.html, if available;
        !           124: and
        !           125: 
        !           126: (d) if You Deploy Covered Code in object code, executable form only,
        !           127: include a prominent notice, in the code itself as well as in related
        !           128: documentation, stating that Source Code of the Covered Code is
        !           129: available under the terms of this License with information on how and
        !           130: where to obtain such Source Code.
        !           131: 
        !           132: 3. Your Grants.  In consideration of, and as a condition to, the
        !           133: licenses granted to You under this License:
        !           134: 
        !           135: (a) You hereby grant to Apple and all third parties a non-exclusive,
        !           136: royalty-free license, under Your Applicable Patent Rights and other
        !           137: intellectual property rights owned or controlled by You, to use,
        !           138: reproduce, modify, distribute and Deploy Your Modifications of the
        !           139: same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
        !           140: and
        !           141: 
        !           142: (b) You hereby grant to Apple and its subsidiaries a non-exclusive,
        !           143: worldwide, royalty-free, perpetual and irrevocable license, under Your
        !           144: Applicable Patent Rights and other intellectual property rights owned
        !           145: or controlled by You, to use, reproduce, execute, compile, display,
        !           146: perform, modify or have modified (for Apple and/or its subsidiaries),
        !           147: sublicense and distribute Your Modifications, in any form, through
        !           148: multiple tiers of distribution.
        !           149: 
        !           150: 4. Larger Works.  You may create a Larger Work by combining Covered
        !           151: Code with other code not governed by the terms of this License and
        !           152: distribute the Larger Work as a single product.  In each such
        !           153: instance, You must make sure the requirements of this License are
        !           154: fulfilled for the Covered Code or any portion thereof.
        !           155: 
        !           156: 5. Limitations on Patent License.  Except as expressly stated in
        !           157: Section 2, no other patent rights, express or implied, are granted by
        !           158: Apple herein.  Modifications and/or Larger Works may require
        !           159: additional patent licenses from Apple which Apple may grant in its
        !           160: sole discretion.
        !           161: 
        !           162: 6. Additional Terms.  You may choose to offer, and to charge a fee
        !           163: for, warranty, support, indemnity or liability obligations and/or
        !           164: other rights consistent with the scope of the license granted herein
        !           165: ("Additional Terms") to one or more recipients of Covered
        !           166: Code. However, You may do so only on Your own behalf and as Your sole
        !           167: responsibility, and not on behalf of Apple. You must obtain the
        !           168: recipient's agreement that any such Additional Terms are offered by
        !           169: You alone, and You hereby agree to indemnify, defend and hold Apple
        !           170: harmless for any liability incurred by or claims asserted against
        !           171: Apple by reason of any such Additional Terms.
        !           172: 
        !           173: 7. Versions of the License.  Apple may publish revised and/or new
        !           174: versions of this License from time to time.  Each version will be
        !           175: given a distinguishing version number.  Once Original Code has been
        !           176: published under a particular version of this License, You may continue
        !           177: to use it under the terms of that version. You may also choose to use
        !           178: such Original Code under the terms of any subsequent version of this
        !           179: License published by Apple.  No one other than Apple has the right to
        !           180: modify the terms applicable to Covered Code created under this
        !           181: License.
        !           182: 
        !           183: 8. NO WARRANTY OR SUPPORT.  The Original Code may contain in whole or
        !           184: in part pre-release, untested, or not fully tested works.  The
        !           185: Original Code may contain errors that could cause failures or loss of
        !           186: data, and may be incomplete or contain inaccuracies.  You expressly
        !           187: acknowledge and agree that use of the Original Code, or any portion
        !           188: thereof, is at Your sole and entire risk.  THE ORIGINAL CODE IS
        !           189: PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND
        !           190: AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND
        !           191: 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS
        !           192: "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
        !           193: OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
        !           194: AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
        !           195: FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
        !           196: RIGHTS.  APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
        !           197: ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
        !           198: THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT
        !           199: DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED.  NO ORAL OR WRITTEN
        !           200: INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
        !           201: REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
        !           202: SCOPE OF THIS WARRANTY.  You acknowledge that the Original Code is not
        !           203: intended for use in the operation of nuclear facilities, aircraft
        !           204: navigation, communication systems, or air traffic control machines in
        !           205: which case the failure of the Original Code could lead to death,
        !           206: personal injury, or severe physical or environmental damage.
        !           207: 
        !           208: 9. Liability.
        !           209: 
        !           210: 9.1 Infringement.  If any portion of, or functionality implemented by,
        !           211: the Original Code becomes the subject of a claim of infringement,
        !           212: Apple may, at its option: (a) attempt to procure the rights necessary
        !           213: for Apple and You to continue using the Affected Original Code; (b)
        !           214: modify the Affected Original Code so that it is no longer infringing;
        !           215: or (c) suspend Your rights to use, reproduce, modify, sublicense and
        !           216: distribute the Affected Original Code until a final determination of
        !           217: the claim is made by a court or governmental administrative agency of
        !           218: competent jurisdiction and Apple lifts the suspension as set forth
        !           219: below.  Such suspension of rights will be effective immediately upon
        !           220: Apple's posting of a notice to such effect on the Apple web site that
        !           221: is used for implementation of this License.  Upon such final
        !           222: determination being made, if Apple is legally able, without the
        !           223: payment of a fee or royalty, to resume use, reproduction,
        !           224: modification, sublicensing and distribution of the Affected Original
        !           225: Code, Apple will lift the suspension of rights to the Affected
        !           226: Original Code by posting a notice to such effect on the Apple web site
        !           227: that is used for implementation of this License.  If Apple suspends
        !           228: Your rights to Affected Original Code, nothing in this License shall
        !           229: be construed to restrict You, at Your option and subject to applicable
        !           230: law, from replacing the Affected Original Code with non-infringing
        !           231: code or independently negotiating for necessary rights from such third
        !           232: party.
        !           233: 
        !           234: 9.2 LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL APPLE BE
        !           235: LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
        !           236: ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO
        !           237: USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
        !           238: OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
        !           239: OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
        !           240: SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
        !           241: ANY REMEDY.  In no event shall Apple's total liability to You for all
        !           242: damages under this License exceed the amount of fifty dollars
        !           243: ($50.00).
        !           244: 
        !           245: 10. Trademarks.  This License does not grant any rights to use the
        !           246: trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
        !           247: OS X Server" or any other trademarks or trade names belonging to Apple
        !           248: (collectively "Apple Marks") and no Apple Marks may be used to endorse
        !           249: or promote products derived from the Original Code other than as
        !           250: permitted by and in strict compliance at all times with Apple's third
        !           251: party trademark usage guidelines which are posted at
        !           252: http://www.apple.com/legal/guidelinesfor3rdparties.html.
        !           253: 
        !           254: 11. Ownership.  Apple retains all rights, title and interest in and to
        !           255: the Original Code and any Modifications made by or on behalf of Apple
        !           256: ("Apple Modifications"), and such Apple Modifications will not be
        !           257: automatically subject to this License.  Apple may, at its sole
        !           258: discretion, choose to license such Apple Modifications under this
        !           259: License, or on different terms from those contained in this License or
        !           260: may choose not to license them at all.  Apple's development, use,
        !           261: reproduction, modification, sublicensing and distribution of Covered
        !           262: Code will not be subject to this License.
        !           263: 
        !           264: 12. Termination.
        !           265: 
        !           266: 12.1 Termination.  This License and the rights granted hereunder will
        !           267:    terminate:
        !           268: 
        !           269: (a) automatically without notice from Apple if You fail to comply with
        !           270: any term(s) of this License and fail to cure such breach within 30
        !           271: days of becoming aware of such breach; (b) immediately in the event of
        !           272: the circumstances described in Section 13.5(b); or (c) automatically
        !           273: without notice from Apple if You, at any time during the term of this
        !           274: License, commence an action for patent infringement against Apple.
        !           275: 
        !           276: 12.2 Effect of Termination.  Upon termination, You agree to
        !           277: immediately stop any further use, reproduction, modification,
        !           278: sublicensing and distribution of the Covered Code and to destroy all
        !           279: copies of the Covered Code that are in your possession or control.
        !           280: All sublicenses to the Covered Code which have been properly granted
        !           281: prior to termination shall survive any termination of this License.
        !           282: Provisions which, by their nature, should remain in effect beyond the
        !           283: termination of this License shall survive, including but not limited
        !           284: to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13.  Neither party will be
        !           285: liable to the other for compensation, indemnity or damages of any sort
        !           286: solely as a result of terminating this License in accordance with its
        !           287: terms, and termination of this License will be without prejudice to
        !           288: any other right or remedy of either party.
        !           289: 
        !           290: 13.  Miscellaneous.
        !           291: 
        !           292: 13.1 Government End Users.  The Covered Code is a "commercial item" as
        !           293: defined in FAR 2.101.  Government software and technical data rights
        !           294: in the Covered Code include only those rights customarily provided to
        !           295: the public as defined in this License. This customary commercial
        !           296: license in technical data and software is provided in accordance with
        !           297: FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for
        !           298: Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
        !           299: Commercial Items) and 227.7202-3 (Rights in Commercial Computer
        !           300: Software or Computer Software Documentation).  Accordingly, all U.S.
        !           301: Government End Users acquire Covered Code with only those rights set
        !           302: forth herein.
        !           303: 
        !           304: 13.2 Relationship of Parties.  This License will not be construed as
        !           305: creating an agency, partnership, joint venture or any other form of
        !           306: legal association between You and Apple, and You will not represent to
        !           307: the contrary, whether expressly, by implication, appearance or
        !           308: otherwise.
        !           309: 
        !           310: 13.3 Independent Development.  Nothing in this License will impair
        !           311: Apple's right to acquire, license, develop, have others develop for
        !           312: it, market and/or distribute technology or products that perform the
        !           313: same or similar functions as, or otherwise compete with,
        !           314: Modifications, Larger Works, technology or products that You may
        !           315: develop, produce, market or distribute.
        !           316: 
        !           317: 13.4 Waiver; Construction.  Failure by Apple to enforce any provision
        !           318: of this License will not be deemed a waiver of future enforcement of
        !           319: that or any other provision.  Any law or regulation which provides
        !           320: that the language of a contract shall be construed against the drafter
        !           321: will not apply to this License.
        !           322: 
        !           323: 13.5 Severability.  (a) If for any reason a court of competent
        !           324: jurisdiction finds any provision of this License, or portion thereof,
        !           325: to be unenforceable, that provision of the License will be enforced to
        !           326: the maximum extent permissible so as to effect the economic benefits
        !           327: and intent of the parties, and the remainder of this License will
        !           328: continue in full force and effect.  (b) Notwithstanding the foregoing,
        !           329: if applicable law prohibits or restricts You from fully and/or
        !           330: specifically complying with Sections 2 and/or 3 or prevents the
        !           331: enforceability of either of those Sections, this License will
        !           332: immediately terminate and You must immediately discontinue any use of
        !           333: the Covered Code and destroy all copies of it that are in your
        !           334: possession or control.
        !           335: 
        !           336: 13.6 Dispute Resolution.  Any litigation or other dispute resolution
        !           337: between You and Apple relating to this License shall take place in the
        !           338: Northern District of California, and You and Apple hereby consent to
        !           339: the personal jurisdiction of, and venue in, the state and federal
        !           340: courts within that District with respect to this License. The
        !           341: application of the United Nations Convention on Contracts for the
        !           342: International Sale of Goods is expressly excluded.
        !           343: 
        !           344: 13.7 Entire Agreement; Governing Law.  This License constitutes the
        !           345: entire agreement between the parties with respect to the subject
        !           346: matter hereof.  This License shall be governed by the laws of the
        !           347: United States and the State of California, except that body of
        !           348: California law concerning conflicts of law.
        !           349: 
        !           350: Where You are located in the province of Quebec, Canada, the following
        !           351: clause applies: The parties hereby confirm that they have requested
        !           352: that this License and all related documents be drafted in English. Les
        !           353: parties ont exige que le present contrat et tous les documents
        !           354: connexes soient rediges en anglais.
        !           355: 
        !           356: EXHIBIT A.
        !           357: 
        !           358: "Portions Copyright (c) 2000 Apple Computer, Inc.  All Rights
        !           359: Reserved.  This file contains Original Code and/or Modifications of
        !           360: Original Code as defined in and that are subject to the Apple Public
        !           361: Source License Version 1.1 (the "License").  You may not use this file
        !           362: except in compliance with the License.  Please obtain a copy of the
        !           363: License at http://www.apple.com/publicsource and read it before using
        !           364: this file.
        !           365: 
        !           366: The Original Code and all software distributed under the License are
        !           367: distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER
        !           368: EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
        !           369: INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
        !           370: FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.  Please see the
        !           371: License for the specific language governing rights and limitations
        !           372: under the License."

This archive runs on limited infrastructure. Preserving old code on modern bandwidth. Automated agents are requested to crawl responsibly.