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APSL-2.0 20 kB

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  1. APPLE PUBLIC SOURCE LICENSE
  2. Version 2.0 - August 6, 2003
  3. Please read this License carefully before downloading this software. By downloading
  4. or 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. Apple Note: In January 2007, Apple changed its corporate name from "Apple
  8. Computer, Inc." to "Apple Inc." This change has been reflected below and
  9. copyright years updated, but no other changes have been made to the APSL 2.0.
  10. 1. General; Definitions. This License applies to any program or other work
  11. which Apple Inc. ("Apple") makes publicly available and which contains a notice
  12. placed by Apple identifying such program or work as "Original Code" and stating
  13. that it is subject to the terms of this Apple Public Source License version
  14. 2.0 ("License"). As used in this License:
  15. 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the
  16. grantor of rights, (i) claims of patents that are now or hereafter acquired,
  17. owned by or assigned to Apple and (ii) that cover subject matter contained
  18. in the Original Code, but only to the extent necessary to use, reproduce and/or
  19. distribute the Original Code without infringement; and (b) in the case where
  20. You are the grantor of rights, (i) claims of patents that are now or hereafter
  21. acquired, owned by or assigned to You and (ii) that cover subject matter in
  22. Your Modifications, taken alone or in combination with Original Code.
  23. 1.2 "Contributor" means any person or entity that creates or contributes to
  24. the creation of Modifications.
  25. 1.3 "Covered Code" means the Original Code, Modifications, the combination
  26. of Original Code and any Modifications, and/or any respective portions thereof.
  27. 1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
  28. make Covered Code available, directly or indirectly, to anyone other than
  29. You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in
  30. any way to provide a service, including but not limited to delivery of content,
  31. through electronic communication with a client other than You.
  32. 1.5 "Larger Work" means a work which combines Covered Code or portions thereof
  33. with code not governed by the terms of this License.
  34. 1.6 "Modifications" mean any addition to, deletion from, and/or change to,
  35. the substance and/or structure of the Original Code, any previous Modifications,
  36. the combination of Original Code and any previous Modifications, and/or any
  37. respective portions thereof. When code is released as a series of files,
  38. a Modification is: (a) any addition to or deletion from the contents of a
  39. file containing Covered Code; and/or (b) any new file or other representation
  40. of computer program statements that contains any part of Covered Code.
  41. 1.7 "Original Code" means (a) the Source Code of a program or other work as
  42. originally made available by Apple under this License, including the Source
  43. Code of any updates or upgrades to such programs or works made available by
  44. Apple under this License, and that has been expressly identified by Apple
  45. as such in the header file(s) of such work; and (b) the object code compiled
  46. from such Source Code and originally made available by Apple under this License
  47. 1.8 "Source Code" means the human readable form of a program or other work
  48. that is suitable for making modifications to it, including all modules it
  49. contains, plus any associated interface definition files, scripts used to
  50. control compilation and installation of an executable (object code).
  51. 1.9 "You" or "Your" means an individual or a legal entity exercising rights
  52. under this License. For legal entities, "You" or "Your" includes any entity
  53. which controls, is controlled by, or is under common control with, You, where
  54. "control" means (a) the power, direct or indirect, to cause the direction
  55. or management of such entity, whether by contract or otherwise, or (b) ownership
  56. of fifty percent (50%) or more of the outstanding shares or beneficial ownership
  57. of such entity.
  58. 2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
  59. of this License, Apple hereby grants You, effective on the date You accept
  60. this License and download the Original Code, a world-wide, royalty-free, non-exclusive
  61. license, to the extent of Apple's Applicable Patent Rights and copyrights
  62. covering the Original Code, to do the following:
  63. 2.1 Unmodified Code. You may use, reproduce, display, perform, internally
  64. distribute within Your organization, and Externally Deploy verbatim, unmodified
  65. copies of the Original Code, for commercial or non-commercial purposes, provided
  66. that in each instance:
  67. (a) You must retain and reproduce in all copies of Original Code the copyright
  68. and other proprietary notices and disclaimers of Apple as they appear in the
  69. Original Code, and keep intact all notices in the Original Code that refer
  70. to this License; and
  71. (b) You must include a copy of this License with every copy of Source Code
  72. of Covered Code and documentation You distribute or Externally Deploy, and
  73. You may not offer or impose any terms on such Source Code that alter or restrict
  74. this License or the recipients' rights hereunder, except as permitted under
  75. Section 6.
  76. 2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
  77. perform, internally distribute within Your organization, and Externally Deploy
  78. Your Modifications and Covered Code, for commercial or non-commercial purposes,
  79. provided that in each instance You also meet all of these conditions:
  80. (a) You must satisfy all the conditions of Section 2.1 with respect to the
  81. Source Code of the Covered Code;
  82. (b) You must duplicate, to the extent it does not already exist, the notice
  83. in Exhibit A in each file of the Source Code of all Your Modifications, and
  84. cause the modified files to carry prominent notices stating that You changed
  85. the files and the date of any change; and
  86. (c) If You Externally Deploy Your Modifications, You must make Source Code
  87. of all Your Externally Deployed Modifications either available to those to
  88. whom You have Externally Deployed Your Modifications, or publicly available.
  89. Source Code of Your Externally Deployed Modifications must be released under
  90. the terms set forth in this License, including the license grants set forth
  91. in Section 3 below, for as long as you Externally Deploy the Covered Code
  92. or twelve (12) months from the date of initial External Deployment, whichever
  93. is longer. You should preferably distribute the Source Code of Your Externally
  94. Deployed Modifications electronically (e.g. download from a web site).
  95. 2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
  96. Covered Code (Original Code and/or Modifications) in object code, executable
  97. form only, You must include a prominent notice, in the code itself as well
  98. as in related documentation, stating that Source Code of the Covered Code
  99. is available under the terms of this License with information on how and where
  100. to obtain such Source Code.
  101. 2.4 Third Party Rights. You expressly acknowledge and agree that although
  102. Apple and each Contributor grants the licenses to their respective portions
  103. of the Covered Code set forth herein, no assurances are provided by Apple
  104. or any Contributor that the Covered Code does not infringe the patent or other
  105. intellectual property rights of any other entity. Apple and each Contributor
  106. disclaim any liability to You for claims brought by any other entity based
  107. on infringement of intellectual property rights or otherwise. As a condition
  108. to exercising the rights and licenses granted hereunder, You hereby assume
  109. sole responsibility to secure any other intellectual property rights needed,
  110. if any. For example, if a third party patent license is required to allow
  111. You to distribute the Covered Code, it is Your responsibility to acquire that
  112. license before distributing the Covered Code.
  113. 3. Your Grants. In consideration of, and as a condition to, the licenses
  114. granted to You under this License, You hereby grant to any person or entity
  115. receiving or distributing Covered Code under this License a non-exclusive,
  116. royalty-free, perpetual, irrevocable license, under Your Applicable Patent
  117. Rights and other intellectual property rights (other than patent) owned or
  118. controlled by You, to use, reproduce, display, perform, modify, sublicense,
  119. distribute and Externally Deploy Your Modifications of the same scope and
  120. extent as Apple's licenses under Sections 2.1 and 2.2 above.
  121. 4. Larger Works. You may create a Larger Work by combining Covered Code with
  122. other code not governed by the terms of this License and distribute the Larger
  123. Work as a single product. In each such instance, You must make sure the requirements
  124. of this License are fulfilled for the Covered Code or any portion thereof.
  125. 5. Limitations on Patent License. Except as expressly stated in Section
  126. 2, no other patent rights, express or implied, are granted by Apple herein.
  127. Modifications and/or Larger Works may require additional patent licenses from
  128. Apple which Apple may grant in its sole discretion.
  129. 6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
  130. support, indemnity or liability obligations and/or other rights consistent
  131. with the scope of the license granted herein ("Additional Terms") to one or
  132. more recipients of Covered Code. However, You may do so only on Your own behalf
  133. and as Your sole responsibility, and not on behalf of Apple or any Contributor.
  134. You must obtain the recipient's agreement that any such Additional Terms are
  135. offered by You alone, and You hereby agree to indemnify, defend and hold Apple
  136. and every Contributor harmless for any liability incurred by or claims asserted
  137. against Apple or such Contributor by reason of any such Additional Terms.
  138. 7. Versions of the License. Apple may publish revised and/or new versions
  139. of this License from time to time. Each version will be given a distinguishing
  140. version number. Once Original Code has been published under a particular
  141. version of this License, You may continue to use it under the terms of that
  142. version. You may also choose to use such Original Code under the terms of
  143. any subsequent version of this License published by Apple. No one other than
  144. Apple has the right to modify the terms applicable to Covered Code created
  145. under this License.
  146. 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
  147. pre-release, untested, or not fully tested works. The Covered Code may contain
  148. errors that could cause failures or loss of data, and may be incomplete or
  149. contain inaccuracies. You expressly acknowledge and agree that use of the
  150. Covered Code, or any portion thereof, is at Your sole and entire risk. THE
  151. COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
  152. OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
  153. "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
  154. DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
  155. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
  156. OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
  157. OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND
  158. EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
  159. OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL
  160. MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
  161. OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
  162. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED
  163. REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
  164. that the Covered Code is not intended for use in the operation of nuclear
  165. facilities, aircraft navigation, communication systems, or air traffic control
  166. machines in which case the failure of the Covered Code could lead to death,
  167. personal injury, or severe physical or environmental damage.
  168. 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
  169. SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
  170. OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
  171. USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
  172. UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
  173. LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
  174. OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
  175. PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
  176. OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
  177. YOU. In no event shall Apple's total liability to You for all damages (other
  178. than as may be required by applicable law) under this License exceed the amount
  179. of fifty dollars ($50.00).
  180. 10. Trademarks. This License does not grant any rights to use the trademarks
  181. or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
  182. Server" or any other trademarks, service marks, logos or trade names belonging
  183. to Apple (collectively "Apple Marks") or to any trademark, service mark, logo
  184. or trade name belonging to any Contributor. You agree not to use any Apple
  185. Marks in or as part of the name of products derived from the Original Code
  186. or to endorse or promote products derived from the Original Code other than
  187. as expressly permitted by and in strict compliance at all times with Apple's
  188. third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
  189. 11. Ownership. Subject to the licenses granted under this License, each Contributor
  190. retains all rights, title and interest in and to any Modifications made by
  191. such Contributor. Apple retains all rights, title and interest in and to
  192. the Original Code and any Modifications made by or on behalf of Apple ("Apple
  193. Modifications"), and such Apple Modifications will not be automatically subject
  194. to this License. Apple may, at its sole discretion, choose to license such
  195. Apple Modifications under this License, or on different terms from those contained
  196. in this License or may choose not to license them at all.
  197. 12. Termination.
  198. 12.1 Termination. This License and the rights granted hereunder will terminate:
  199. (a) automatically without notice from Apple if You fail to comply with any
  200. term(s) of this License and fail to cure such breach within 30 days of becoming
  201. aware of such breach;
  202. (b) immediately in the event of the circumstances described in Section 13.5(b);
  203. or
  204. (c) automatically without notice from Apple if You, at any time during the
  205. term of this License, commence an action for patent infringement against Apple;
  206. provided that Apple did not first commence an action for patent infringement
  207. against You in that instance.
  208. 12.2 Effect of Termination. Upon termination, You agree to immediately stop
  209. any further use, reproduction, modification, sublicensing and distribution
  210. of the Covered Code. All sublicenses to the Covered Code which have been
  211. properly granted prior to termination shall survive any termination of this
  212. License. Provisions which, by their nature, should remain in effect beyond
  213. the termination of this License shall survive, including but not limited to
  214. Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any
  215. other for compensation, indemnity or damages of any sort solely as a result
  216. of terminating this License in accordance with its terms, and termination
  217. of this License will be without prejudice to any other right or remedy of
  218. any party.
  219. 13. Miscellaneous.
  220. 13.1 Government End Users. The Covered Code is a "commercial item" as defined
  221. in FAR 2.101. Government software and technical data rights in the Covered
  222. Code include only those rights customarily provided to the public as defined
  223. in this License. This customary commercial license in technical data and software
  224. is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
  225. Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
  226. Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
  227. or Computer Software Documentation). Accordingly, all U.S. Government End
  228. Users acquire Covered Code with only those rights set forth herein.
  229. 13.2 Relationship of Parties. This License will not be construed as creating
  230. an agency, partnership, joint venture or any other form of legal association
  231. between or among You, Apple or any Contributor, and You will not represent
  232. to the contrary, whether expressly, by implication, appearance or otherwise.
  233. 13.3 Independent Development. Nothing in this License will impair Apple's
  234. right to acquire, license, develop, have others develop for it, market and/or
  235. distribute technology or products that perform the same or similar functions
  236. as, or otherwise compete with, Modifications, Larger Works, technology or
  237. products that You may develop, produce, market or distribute.
  238. 13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
  239. any provision of this License will not be deemed a waiver of future enforcement
  240. of that or any other provision. Any law or regulation which provides that
  241. the language of a contract shall be construed against the drafter will not
  242. apply to this License.
  243. 13.5 Severability. (a) If for any reason a court of competent jurisdiction
  244. finds any provision of this License, or portion thereof, to be unenforceable,
  245. that provision of the License will be enforced to the maximum extent permissible
  246. so as to effect the economic benefits and intent of the parties, and the remainder
  247. of this License will continue in full force and effect. (b) Notwithstanding
  248. the foregoing, if applicable law prohibits or restricts You from fully and/or
  249. specifically complying with Sections 2 and/or 3 or prevents the enforceability
  250. of either of those Sections, this License will immediately terminate and You
  251. must immediately discontinue any use of the Covered Code and destroy all copies
  252. of it that are in your possession or control.
  253. 13.6 Dispute Resolution. Any litigation or other dispute resolution between
  254. You and Apple relating to this License shall take place in the Northern District
  255. of California, and You and Apple hereby consent to the personal jurisdiction
  256. of, and venue in, the state and federal courts within that District with respect
  257. to this License. The application of the United Nations Convention on Contracts
  258. for the International Sale of Goods is expressly excluded.
  259. 13.7 Entire Agreement; Governing Law. This License constitutes the entire
  260. agreement between the parties with respect to the subject matter hereof.
  261. This License shall be governed by the laws of the United States and the State
  262. of California, except that body of California law concerning conflicts of
  263. law.
  264. Where You are located in the province of Quebec, Canada, the following clause
  265. applies: The parties hereby confirm that they have requested that this License
  266. and all related documents be drafted in English. Les parties ont exigé que
  267. le présent contrat et tous les documents connexes soient rédigés en anglais.
  268. EXHIBIT A.
  269. "Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved.
  270. This file contains Original Code and/or Modifications of Original Code as
  271. defined in and that are subject to the Apple Public Source License Version
  272. 2.0 (the 'License'). You may not use this file except in compliance with
  273. the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/
  274. and read it before using this file.
  275. The Original Code and all software distributed under the License are distributed
  276. on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
  277. AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
  278. ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
  279. ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
  280. governing rights and limitations under the License."