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APSL-1.0 19 kB

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