Annotation of objc/APPLE_LICENSE, revision 1.1

1.1     ! root        1:                     APPLE PUBLIC SOURCE LICENSE
        !             2:                     Version 1.0 - March 16, 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
        !            14:   Public Source License version 1.0 (or subsequent version thereof),
        !            15:   as it may be revised from time to time by Apple ("License").  As
        !            16:   used in this License:
        !            17: 
        !            18: 1.1 "Applicable Patents" mean: (a) in the case where Apple is the
        !            19:   grantor of rights, (i) patents or patent applications that are now
        !            20:   or hereafter acquired, owned by or assigned to Apple and (ii) whose
        !            21:   claims cover subject matter contained in the Original Code, but only
        !            22:   to the extent necessary to use, reproduce and/or distribute the
        !            23:   Original Code without infringement; and (b) in the case where You
        !            24:   are the grantor of rights, (i) patents and patent applications that
        !            25:   are now or hereafter acquired, owned by or assigned to You and (ii)
        !            26:   whose claims cover subject matter in Your Modifications, taken alone
        !            27:   or in combination with Original Code.
        !            28: 
        !            29: 1.2 "Covered Code" means the Original Code, Modifications, the
        !            30:   combination of Original Code and any Modifications, and/or any
        !            31:   respective portions thereof.
        !            32: 
        !            33: 1.3 "Deploy" means to use, sublicense or distribute Covered Code other
        !            34:   than for Your internal research and development (R&D), and includes
        !            35:   without limitation, any and all internal use or distribution of
        !            36:   Covered Code within Your business or organization except for R&D
        !            37:   use, as well as direct or indirect sublicensing or distribution of
        !            38:   Covered Code by You to any third party in any form or manner.
        !            39: 
        !            40: 1.4 "Larger Work" means a work which combines Covered Code or portions
        !            41:   thereof with code not governed by the terms of this License.
        !            42: 
        !            43: 1.5 "Modifications" mean any addition to, deletion from, and/or change
        !            44:   to, the substance and/or structure of Covered Code.  When code is
        !            45:   released as a series of files, a Modification is: (a) any addition
        !            46:   to or deletion from the contents of a file containing Covered Code;
        !            47:   and/or (b) any new file or other representation of computer program
        !            48:   statements that contains any part of Covered Code.
        !            49: 
        !            50: 1.6 "Original Code" means the Source Code of a program or other work
        !            51:   as originally made available by Apple under this License, including
        !            52:   the Source Code of any updates or upgrades to such programs or works
        !            53:   made available by Apple under this License, and that has been
        !            54:   expressly identified by Apple as such in the header file(s) of such
        !            55:   work.
        !            56: 
        !            57: 1.7 "Source Code" means the human readable form of a program or other
        !            58:   work that is suitable for making modifications to it, including all
        !            59:   modules it contains, plus any associated interface definition files,
        !            60:   scripts used to control compilation and installation of an
        !            61:   executable (object code).
        !            62: 
        !            63: 1.8 "You" or "Your" means an individual or a legal entity exercising
        !            64:   rights under this License.  For legal entities, "You" or "Your"
        !            65:   includes any entity which controls, is controlled by, or is under
        !            66:   common control with, You, where "control" means (a) the power,
        !            67:   direct or indirect, to cause the direction or management of such
        !            68:   entity, whether by contract or otherwise, or (b) ownership of fifty
        !            69:   percent (50%) or more of the outstanding shares or beneficial
        !            70:   ownership of such entity.
        !            71: 
        !            72: 2. Permitted Uses; Conditions & Restrictions.  Subject to the terms
        !            73:   and conditions of this License, Apple hereby grants You, effective
        !            74:   on the date You accept this License and download the Original Code,
        !            75:   a world-wide, royalty-free, non-exclusive license, to the extent of
        !            76:   Apple's Applicable Patents and copyrights covering the Original
        !            77:   Code, to do the following:
        !            78: 
        !            79: 2.1 You may use, copy, modify and distribute Original Code, with or
        !            80:   without Modifications, solely for Your internal research and
        !            81:   development, provided that You must in each instance:
        !            82: 
        !            83: (a) retain and reproduce in all copies of Original Code the copyright
        !            84: and other proprietary notices and disclaimers of Apple as they appear
        !            85: in the Original Code, and keep intact all notices in the Original Code
        !            86: that refer to this License;
        !            87: 
        !            88: (b) include a copy of this License with every copy of Source Code of
        !            89: Covered Code and documentation You distribute, and You may not offer
        !            90: or impose any terms on such Source Code that alter or restrict this
        !            91: License or the recipients' rights hereunder, except as permitted under
        !            92: Section 6; and
        !            93: 
        !            94: (c) completely and accurately document all Modifications that you have
        !            95: made and the date of each such Modification, designate the version of
        !            96: the Original Code you used, prominently include a file carrying such
        !            97: information with the Modifications, and duplicate the notice in
        !            98: Exhibit A in each file of the Source Code of all such Modifications.
        !            99: 
        !           100: 2.2 You may Deploy Covered Code, provided that You must in each
        !           101:   instance:
        !           102: 
        !           103: (a) satisfy all the conditions of Section 2.1 with respect to the
        !           104: Source Code of the Covered Code;
        !           105: 
        !           106: (b) make all Your Deployed Modifications publicly available in Source
        !           107: Code form via electronic distribution (e.g. download from a web site)
        !           108: under the terms of this License and subject to the license grants set
        !           109: forth in Section 3 below, and any additional terms You may choose to
        !           110: offer under Section 6.  You must continue to make the Source Code of
        !           111: Your Deployed Modifications available for as long as you Deploy the
        !           112: Covered Code or twelve (12) months from the date of initial
        !           113: Deployment, whichever is longer;
        !           114: 
        !           115: (c) must notify Apple and other third parties of how to obtain Your
        !           116: Deployed Modifications by filling out and submitting the required
        !           117: information found at
        !           118: http://www.apple.com/publicsource/modifications.html; and
        !           119: 
        !           120: (d) if you Deploy Covered Code in object code, executable form only,
        !           121: include a prominent notice, in the code itself as well as in related
        !           122: documentation, stating that Source Code of the Covered Code is
        !           123: available under the terms of this License with information on how and
        !           124: where to obtain such Source Code.
        !           125: 
        !           126: 3. Your Grants.  In consideration of, and as a condition to, the
        !           127:   licenses granted to You under this License:
        !           128: 
        !           129: (a) You hereby grant to Apple and all third parties a non-exclusive,
        !           130: royalty-free license, under Your Applicable Patents and other
        !           131: intellectual property rights owned or controlled by You, to use,
        !           132: reproduce, modify, distribute and Deploy Your Modifications of the
        !           133: same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
        !           134: and
        !           135: 
        !           136: (b) You hereby grant to Apple and its subsidiaries a non-exclusive,
        !           137: worldwide, royalty-free, perpetual and irrevocable license, under Your
        !           138: Applicable Patents and other intellectual property rights owned or
        !           139: controlled by You, to use, reproduce, execute, compile, display,
        !           140: perform, modify or have modified (for Apple and/or its subsidiaries),
        !           141: sublicense and distribute Your Modifications, in any form, through
        !           142: multiple tiers of distribution.
        !           143: 
        !           144: 4. Larger Works.  You may create a Larger Work by combining Covered
        !           145:   Code with other code not governed by the terms of this License and
        !           146:   distribute the Larger Work as a single product.  In each such
        !           147:   instance, You must make sure the requirements of this License are
        !           148:   fulfilled for the Covered Code or any portion thereof.
        !           149: 
        !           150: 5. Limitations on Patent License.  Except as expressly stated in
        !           151:   Section 2, no other patent rights, express or implied, are granted
        !           152:   by Apple herein.  Modifications and/or Larger Works may require
        !           153:   additional patent licenses from Apple which Apple may grant in its
        !           154:   sole discretion.
        !           155: 
        !           156: 6. Additional Terms.  You may choose to offer, and to charge a fee
        !           157:   for, warranty, support, indemnity or liability obligations and/or
        !           158:   other rights consistent with the scope of the license granted herein
        !           159:   ("Additional Terms") to one or more recipients of Covered
        !           160:   Code. However, You may do so only on Your own behalf and as Your
        !           161:   sole responsibility, and not on behalf of Apple. You must obtain the
        !           162:   recipient's agreement that any such Additional Terms are offered by
        !           163:   You alone, and You hereby agree to indemnify, defend and hold Apple
        !           164:   harmless for any liability incurred by or claims asserted against
        !           165:   Apple by reason of any such Additional Terms.
        !           166: 
        !           167: 7. Versions of the License.  Apple may publish revised and/or new
        !           168:   versions of this License from time to time.  Each version will be
        !           169:   given a distinguishing version number.  Once Original Code has been
        !           170:   published under a particular version of this License, You may
        !           171:   continue to use it under the terms of that version. You may also
        !           172:   choose to use such Original Code under the terms of any subsequent
        !           173:   version of this License published by Apple.  No one other than Apple
        !           174:   has the right to modify the terms applicable to Covered Code created
        !           175:   under this License.
        !           176: 
        !           177: 8. NO WARRANTY OR SUPPORT.  The Original Code may contain in whole or
        !           178:   in part pre-release, untested, or not fully tested works.  The
        !           179:   Original Code may contain errors that could cause failures or loss
        !           180:   of data, and may be incomplete or contain inaccuracies.  You
        !           181:   expressly acknowledge and agree that use of the Original Code, or
        !           182:   any portion thereof, is at Your sole and entire risk.  THE ORIGINAL
        !           183:   CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
        !           184:   OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF
        !           185:   SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY
        !           186:   REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
        !           187:   CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
        !           188:   IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
        !           189:   SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
        !           190:   NONINFRINGEMENT OF THIRD PARTY RIGHTS.  APPLE DOES NOT WARRANT THAT
        !           191:   THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
        !           192:   REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
        !           193:   UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
        !           194:   WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
        !           195:   BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
        !           196:   WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  You
        !           197:   acknowledge that the Original Code is not intended for use in the
        !           198:   operation of nuclear facilities, aircraft navigation, communication
        !           199:   systems, or air traffic control machines in which case the failure
        !           200:   of the Original Code could lead to death, personal injury, or severe
        !           201:   physical or environmental damage.
        !           202: 
        !           203: 9. Liability.
        !           204: 
        !           205: 9.1 Infringement.  If any of the Original Code becomes the subject of
        !           206:   a claim of infringement ("Affected Original Code"), Apple may, at
        !           207:   its sole discretion and option: (a) attempt to procure the rights
        !           208:   necessary for You to continue using the Affected Original Code; (b)
        !           209:   modify the Affected Original Code so that it is no longer
        !           210:   infringing; or (c) terminate Your rights to use the Affected
        !           211:   Original Code, effective immediately upon Apple's posting of a
        !           212:   notice to such effect on the Apple web site that is used for
        !           213:   implementation of this License.
        !           214: 
        !           215: 9.2 LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL APPLE BE
        !           216:   LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
        !           217:   DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR
        !           218:   INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER
        !           219:   UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
        !           220:   PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF
        !           221:   THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
        !           222:   ESSENTIAL PURPOSE OF ANY REMEDY.  In no event shall Apple's total
        !           223:   liability to You for all damages under this License exceed the
        !           224:   amount of fifty dollars ($50.00).
        !           225: 
        !           226: 10. Trademarks.  This License does not grant any rights to use the
        !           227:    trademarks or trade names "Apple", "Apple Computer", "Mac OS X",
        !           228:    "Mac OS X Server" or any other trademarks or trade names belonging
        !           229:    to Apple (collectively "Apple Marks") and no Apple Marks may be
        !           230:    used to endorse or promote products derived from the Original Code
        !           231:    other than as permitted by and in strict compliance at all times
        !           232:    with Apple's third party trademark usage guidelines which are
        !           233:    posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
        !           234: 
        !           235: 11. Ownership.  Apple retains all rights, title and interest in and to
        !           236:    the Original Code and any Modifications made by or on behalf of
        !           237:    Apple ("Apple Modifications"), and such Apple Modifications will
        !           238:    not be automatically subject to this License.  Apple may, at its
        !           239:    sole discretion, choose to license such Apple Modifications under
        !           240:    this License, or on different terms from those contained in this
        !           241:    License or may choose not to license them at all.  Apple's
        !           242:    development, use, reproduction, modification, sublicensing and
        !           243:    distribution of Covered Code will not be subject to this License.
        !           244: 
        !           245: 12. Termination.
        !           246: 
        !           247: 12.1 Termination.  This License and the rights granted hereunder will
        !           248:    terminate:
        !           249: 
        !           250: (a) automatically without notice from Apple if You fail to comply with
        !           251: any term(s) of this License and fail to cure such breach within 30
        !           252: days of becoming aware of such breach; (b) immediately in the event of
        !           253: the circumstances described in Sections 9.1 and/or 13.6(b); or (c)
        !           254: automatically without notice from Apple if You, at any time during the
        !           255: term of this License, commence an action for patent infringement
        !           256: against Apple.
        !           257: 
        !           258: 12.2 Effect of Termination.  Upon termination, You agree to
        !           259:    immediately stop any further use, reproduction, modification and
        !           260:    distribution of the Covered Code, or Affected Original Code in the
        !           261:    case of termination under Section 9.1, and to destroy all copies of
        !           262:    the Covered Code or Affected Original Code (in the case of
        !           263:    termination under Section 9.1) that are in your possession or
        !           264:    control.  All sublicenses to the Covered Code which have been
        !           265:    properly granted prior to termination shall survive any termination
        !           266:    of this License.  Provisions which, by their nature, should remain
        !           267:    in effect beyond the termination of this License shall survive,
        !           268:    including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and
        !           269:    13.  Neither party will be liable to the other for compensation,
        !           270:    indemnity or damages of any sort solely as a result of terminating
        !           271:    this License in accordance with its terms, and termination of this
        !           272:    License will be without prejudice to any other right or remedy of
        !           273:    either party.
        !           274: 
        !           275: 13.  Miscellaneous.
        !           276: 
        !           277: 13.1 Export Law Assurances.  You may not use or otherwise export or
        !           278:    re-export the Original Code except as authorized by United States
        !           279:    law and the laws of the jurisdiction in which the Original Code was
        !           280:    obtained.  In particular, but without limitation, the Original Code
        !           281:    may not be exported or re-exported (a) into (or to a national or
        !           282:    resident of) any U.S. embargoed country or (b) to anyone on the
        !           283:    U.S. Treasury Department's list of Specially Designated Nationals
        !           284:    or the U.S. Department of Commerce's Table of Denial Orders.  By
        !           285:    using the Original Code, You represent and warrant that You are not
        !           286:    located in, under control of, or a national or resident of any such
        !           287:    country or on any such list.
        !           288: 
        !           289: 13.2 Government End Users.  The Covered Code is a "commercial item" as
        !           290:    defined in FAR 2.101.  Government software and technical data
        !           291:    rights in the Covered Code include only those rights customarily
        !           292:    provided to the public as defined in this License. This customary
        !           293:    commercial license in technical data and software is provided in
        !           294:    accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
        !           295:    Software) and, for Department of Defense purchases, DFAR
        !           296:    252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3
        !           297:    (Rights in Commercial Computer Software or Computer Software
        !           298:    Documentation).  Accordingly, all U.S. Government End Users acquire
        !           299:    Covered Code with only those rights set forth herein.
        !           300: 
        !           301: 13.3 Relationship of Parties.  This License will not be construed as
        !           302:    creating an agency, partnership, joint venture or any other form of
        !           303:    legal association between You and Apple, and You will not represent
        !           304:    to the contrary, whether expressly, by implication, appearance or
        !           305:    otherwise.
        !           306: 
        !           307: 13.4 Independent Development.  Nothing in this License will impair
        !           308:    Apple's right to acquire, license, develop, have others develop for
        !           309:    it, market and/or distribute technology or products that perform
        !           310:    the same or similar functions as, or otherwise compete with,
        !           311:    Modifications, Larger Works, technology or products that You may
        !           312:    develop, produce, market or distribute.
        !           313: 
        !           314: 13.5 Waiver; Construction.  Failure by Apple to enforce any provision
        !           315:    of this License will not be deemed a waiver of future enforcement
        !           316:    of that or any other provision.  Any law or regulation which
        !           317:    provides that the language of a contract shall be construed against
        !           318:    the drafter will not apply to this License.
        !           319: 
        !           320: 13.6 Severability.  (a) If for any reason a court of competent
        !           321:    jurisdiction finds any provision of this License, or portion
        !           322:    thereof, to be unenforceable, that provision of the License will be
        !           323:    enforced to the maximum extent permissible so as to effect the
        !           324:    economic benefits and intent of the parties, and the remainder of
        !           325:    this License will continue in full force and effect.  (b)
        !           326:    Notwithstanding the foregoing, if applicable law prohibits or
        !           327:    restricts You from fully and/or specifically complying with
        !           328:    Sections 2 and/or 3 or prevents the enforceability of either of
        !           329:    those Sections, this License will immediately terminate and You
        !           330:    must immediately discontinue any use of the Covered Code and
        !           331:    destroy all copies of it that are in your possession or control.
        !           332: 
        !           333: 13.7 Dispute Resolution.  Any litigation or other dispute resolution
        !           334:    between You and Apple relating to this License shall take place in
        !           335:    the Northern District of California, and You and Apple hereby
        !           336:    consent to the personal jurisdiction of, and venue in, the state
        !           337:    and federal courts within that District with respect to this
        !           338:    License. The application of the United Nations Convention on
        !           339:    Contracts for the International Sale of Goods is expressly
        !           340:    excluded.
        !           341: 
        !           342: 13.8 Entire Agreement; Governing Law.  This License constitutes the
        !           343:    entire agreement between the parties with respect to the subject
        !           344:    matter hereof.  This License shall be governed by the laws of the
        !           345:    United States and the State of California, except that body of
        !           346:    California law concerning conflicts of law.
        !           347: 
        !           348: Where You are located in the province of Quebec, Canada, the following
        !           349: clause applies: The parties hereby confirm that they have requested
        !           350: that this License and all related documents be drafted in English. Les
        !           351: parties ont exige que le present contrat et tous les documents
        !           352: connexes soient rediges en anglais.
        !           353: 
        !           354: EXHIBIT A. 
        !           355: 
        !           356: "Portions Copyright (c) 1999 Apple Computer, Inc.  All Rights
        !           357: Reserved.  This file contains Original Code and/or Modifications of
        !           358: Original Code as defined in and that are subject to the Apple Public
        !           359: Source License Version 1.0 (the 'License').  You may not use this file
        !           360: except in compliance with the License.  Please obtain a copy of the
        !           361: License at http://www.apple.com/publicsource and read it before using
        !           362: this file.
        !           363: 
        !           364: The Original Code and all software distributed under the License are
        !           365: distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
        !           366: EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
        !           367: INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
        !           368: FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Please see the
        !           369: License for the specific language governing rights and limitations
        !           370: under the License."

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