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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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