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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."
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