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1APPLE PUBLIC SOURCE LICENSE
2Version 2.0 - August 6, 2003
3
4Please read this License carefully before downloading this software.
5By downloading or using this software, you are agreeing to be bound by
6the terms of this License. If you do not or cannot agree to the terms
7of this License, please do not download or use the software.
8
91. General; Definitions. This License applies to any program or other
10work which Apple Computer, Inc. ("Apple") makes publicly available and
11which contains a notice placed by Apple identifying such program or
12work as "Original Code" and stating that it is subject to the terms of
13this Apple Public Source License version 2.0 ("License"). As used in
14this License:
15
161.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
17the grantor of rights, (i) claims of patents that are now or hereafter
18acquired, owned by or assigned to Apple and (ii) that cover subject
19matter contained in the Original Code, but only to the extent
20necessary to use, reproduce and/or distribute the Original Code
21without infringement; and (b) in the case where You are the grantor of
22rights, (i) claims of patents that are now or hereafter acquired,
23owned by or assigned to You and (ii) that cover subject matter in Your
24Modifications, taken alone or in combination with Original Code.
25
261.2 "Contributor" means any person or entity that creates or
27contributes to the creation of Modifications.
28
291.3 "Covered Code" means the Original Code, Modifications, the
30combination of Original Code and any Modifications, and/or any
31respective portions thereof.
32
331.4 "Externally Deploy" means: (a) to sublicense, distribute or
34otherwise make Covered Code available, directly or indirectly, to
35anyone other than You; and/or (b) to use Covered Code, alone or as
36part of a Larger Work, in any way to provide a service, including but
37not limited to delivery of content, through electronic communication
38with a client other than You.
39
401.5 "Larger Work" means a work which combines Covered Code or portions
41thereof with code not governed by the terms of this License.
42
431.6 "Modifications" mean any addition to, deletion from, and/or change
44to, the substance and/or structure of the Original Code, any previous
45Modifications, the combination of Original Code and any previous
46Modifications, and/or any respective portions thereof. When code is
47released as a series of files, a Modification is: (a) any addition to
48or deletion from the contents of a file containing Covered Code;
49and/or (b) any new file or other representation of computer program
50statements that contains any part of Covered Code.
51
521.7 "Original Code" means (a) the Source Code of a program or other
53work as originally made available by Apple under this License,
54including the Source Code of any updates or upgrades to such programs
55or works made available by Apple under this License, and that has been
56expressly identified by Apple as such in the header file(s) of such
57work; and (b) the object code compiled from such Source Code and
58originally made available by Apple under this License.
59
601.8 "Source Code" means the human readable form of a program or other
61work that is suitable for making modifications to it, including all
62modules it contains, plus any associated interface definition files,
63scripts used to control compilation and installation of an executable
64(object code).
65
661.9 "You" or "Your" means an individual or a legal entity exercising
67rights under this License. For legal entities, "You" or "Your"
68includes any entity which controls, is controlled by, or is under
69common control with, You, where "control" means (a) the power, direct
70or indirect, to cause the direction or management of such entity,
71whether by contract or otherwise, or (b) ownership of fifty percent
72(50%) or more of the outstanding shares or beneficial ownership of
73such entity.
74
752. Permitted Uses; Conditions & Restrictions. Subject to the terms
76and conditions of this License, Apple hereby grants You, effective on
77the date You accept this License and download the Original Code, a
78world-wide, royalty-free, non-exclusive license, to the extent of
79Apple's Applicable Patent Rights and copyrights covering the Original
80Code, to do the following:
81
822.1 Unmodified Code. You may use, reproduce, display, perform,
83internally distribute within Your organization, and Externally Deploy
84verbatim, unmodified copies of the Original Code, for commercial or
85non-commercial purposes, provided that in each instance:
86
87(a) You must retain and reproduce in all copies of Original Code the
88copyright and other proprietary notices and disclaimers of Apple as
89they appear in the Original Code, and keep intact all notices in the
90Original Code that refer to this License; and
91
92(b) You must include a copy of this License with every copy of Source
93Code of Covered Code and documentation You distribute or Externally
94Deploy, and You may not offer or impose any terms on such Source Code
95that alter or restrict this License or the recipients' rights
96hereunder, except as permitted under Section 6.
97
982.2 Modified Code. You may modify Covered Code and use, reproduce,
99display, perform, internally distribute within Your organization, and
100Externally Deploy Your Modifications and Covered Code, for commercial
101or non-commercial purposes, provided that in each instance You also
102meet all of these conditions:
103
104(a) You must satisfy all the conditions of Section 2.1 with respect to
105the Source Code of the Covered Code;
106
107(b) You must duplicate, to the extent it does not already exist, the
108notice in Exhibit A in each file of the Source Code of all Your
109Modifications, and cause the modified files to carry prominent notices
110stating that You changed the files and the date of any change; and
111
112(c) If You Externally Deploy Your Modifications, You must make
113Source Code of all Your Externally Deployed Modifications either
114available to those to whom You have Externally Deployed Your
115Modifications, or publicly available. Source Code of Your Externally
116Deployed Modifications must be released under the terms set forth in
117this License, including the license grants set forth in Section 3
118below, for as long as you Externally Deploy the Covered Code or twelve
119(12) months from the date of initial External Deployment, whichever is
120longer. You should preferably distribute the Source Code of Your
121Externally Deployed Modifications electronically (e.g. download from a
122web site).
123
1242.3 Distribution of Executable Versions. In addition, if You
125Externally Deploy Covered Code (Original Code and/or Modifications) in
126object code, executable form only, You must include a prominent
127notice, in the code itself as well as in related documentation,
128stating that Source Code of the Covered Code is available under the
129terms of this License with information on how and where to obtain such
130Source Code.
131
1322.4 Third Party Rights. You expressly acknowledge and agree that
133although Apple and each Contributor grants the licenses to their
134respective portions of the Covered Code set forth herein, no
135assurances are provided by Apple or any Contributor that the Covered
136Code does not infringe the patent or other intellectual property
137rights of any other entity. Apple and each Contributor disclaim any
138liability to You for claims brought by any other entity based on
139infringement of intellectual property rights or otherwise. As a
140condition to exercising the rights and licenses granted hereunder, You
141hereby assume sole responsibility to secure any other intellectual
142property rights needed, if any. For example, if a third party patent
143license is required to allow You to distribute the Covered Code, it is
144Your responsibility to acquire that license before distributing the
145Covered Code.
146
1473. Your Grants. In consideration of, and as a condition to, the
148licenses granted to You under this License, You hereby grant to any
149person or entity receiving or distributing Covered Code under this
150License a non-exclusive, royalty-free, perpetual, irrevocable license,
151under Your Applicable Patent Rights and other intellectual property
152rights (other than patent) owned or controlled by You, to use,
153reproduce, display, perform, modify, sublicense, distribute and
154Externally Deploy Your Modifications of the same scope and extent as
155Apple's licenses under Sections 2.1 and 2.2 above.
156
1574. Larger Works. You may create a Larger Work by combining Covered
158Code with other code not governed by the terms of this License and
159distribute the Larger Work as a single product. In each such instance,
160You must make sure the requirements of this License are fulfilled for
161the Covered Code or any portion thereof.
162
1635. Limitations on Patent License. Except as expressly stated in
164Section 2, no other patent rights, express or implied, are granted by
165Apple herein. Modifications and/or Larger Works may require additional
166patent licenses from Apple which Apple may grant in its sole
167discretion.
168
1696. Additional Terms. You may choose to offer, and to charge a fee for,
170warranty, support, indemnity or liability obligations and/or other
171rights consistent with the scope of the license granted herein
172("Additional Terms") to one or more recipients of Covered Code.
173However, You may do so only on Your own behalf and as Your sole
174responsibility, and not on behalf of Apple or any Contributor. You
175must obtain the recipient's agreement that any such Additional Terms
176are offered by You alone, and You hereby agree to indemnify, defend
177and hold Apple and every Contributor harmless for any liability
178incurred by or claims asserted against Apple or such Contributor by
179reason of any such Additional Terms.
180
1817. Versions of the License. Apple may publish revised and/or new
182versions of this License from time to time. Each version will be given
183a distinguishing version number. Once Original Code has been published
184under a particular version of this License, You may continue to use it
185under the terms of that version. You may also choose to use such
186Original Code under the terms of any subsequent version of this
187License published by Apple. No one other than Apple has the right to
188modify the terms applicable to Covered Code created under this
189License.
190
1918. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
192part pre-release, untested, or not fully tested works. The Covered
193Code may contain errors that could cause failures or loss of data, and
194may be incomplete or contain inaccuracies. You expressly acknowledge
195and agree that use of the Covered Code, or any portion thereof, is at
196Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
197WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
198APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
199PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
200ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
201NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
202MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
203PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
204PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
205INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
206FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
207THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
208ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
209ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
210AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
211You acknowledge that the Covered Code is not intended for use in the
212operation of nuclear facilities, aircraft navigation, communication
213systems, or air traffic control machines in which case the failure of
214the Covered Code could lead to death, personal injury, or severe
215physical or environmental damage.
216
2179. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
218EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
219SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
220TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
221ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
222TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
223APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
224DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
225REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
226INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
227TO YOU. In no event shall Apple's total liability to You for all
228damages (other than as may be required by applicable law) under this
229License exceed the amount of fifty dollars ($50.00).
230
23110. Trademarks. This License does not grant any rights to use the
232trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
233"QuickTime", "QuickTime Streaming Server" or any other trademarks,
234service marks, logos or trade names belonging to Apple (collectively
235"Apple Marks") or to any trademark, service mark, logo or trade name
236belonging to any Contributor. You agree not to use any Apple Marks in
237or as part of the name of products derived from the Original Code or
238to endorse or promote products derived from the Original Code other
239than as expressly permitted by and in strict compliance at all times
240with Apple's third party trademark usage guidelines which are posted
241at http://www.apple.com/legal/guidelinesfor3rdparties.html.
242
24311. Ownership. Subject to the licenses granted under this License,
244each Contributor retains all rights, title and interest in and to any
245Modifications made by such Contributor. Apple retains all rights,
246title and interest in and to the Original Code and any Modifications
247made by or on behalf of Apple ("Apple Modifications"), and such Apple
248Modifications will not be automatically subject to this License. Apple
249may, at its sole discretion, choose to license such Apple
250Modifications under this License, or on different terms from those
251contained in this License or may choose not to license them at all.
252
25312. Termination.
254
25512.1 Termination. This License and the rights granted hereunder will
256terminate:
257
258(a) automatically without notice from Apple if You fail to comply with
259any term(s) of this License and fail to cure such breach within 30
260days of becoming aware of such breach;
261
262(b) immediately in the event of the circumstances described in Section
26313.5(b); or
264
265(c) automatically without notice from Apple if You, at any time during
266the term of this License, commence an action for patent infringement
267against Apple; provided that Apple did not first commence
268an action for patent infringement against You in that instance.
269
27012.2 Effect of Termination. Upon termination, You agree to immediately
271stop any further use, reproduction, modification, sublicensing and
272distribution of the Covered Code. All sublicenses to the Covered Code
273which have been properly granted prior to termination shall survive
274any termination of this License. Provisions which, by their nature,
275should remain in effect beyond the termination of this License shall
276survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
27712.2 and 13. No party will be liable to any other for compensation,
278indemnity or damages of any sort solely as a result of terminating
279this License in accordance with its terms, and termination of this
280License will be without prejudice to any other right or remedy of
281any party.
282
28313. Miscellaneous.
284
28513.1 Government End Users. The Covered Code is a "commercial item" as
286defined in FAR 2.101. Government software and technical data rights in
287the Covered Code include only those rights customarily provided to the
288public as defined in this License. This customary commercial license
289in technical data and software is provided in accordance with FAR
29012.211 (Technical Data) and 12.212 (Computer Software) and, for
291Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
292Commercial Items) and 227.7202-3 (Rights in Commercial Computer
293Software or Computer Software Documentation). Accordingly, all U.S.
294Government End Users acquire Covered Code with only those rights set
295forth herein.
296
29713.2 Relationship of Parties. This License will not be construed as
298creating an agency, partnership, joint venture or any other form of
299legal association between or among You, Apple or any Contributor, and
300You will not represent to the contrary, whether expressly, by
301implication, appearance or otherwise.
302
30313.3 Independent Development. Nothing in this License will impair
304Apple's right to acquire, license, develop, have others develop for
305it, market and/or distribute technology or products that perform the
306same or similar functions as, or otherwise compete with,
307Modifications, Larger Works, technology or products that You may
308develop, produce, market or distribute.
309
31013.4 Waiver; Construction. Failure by Apple or any Contributor to
311enforce any provision of this License will not be deemed a waiver of
312future enforcement of that or any other provision. Any law or
313regulation which provides that the language of a contract shall be
314construed against the drafter will not apply to this License.
315
31613.5 Severability. (a) If for any reason a court of competent
317jurisdiction finds any provision of this License, or portion thereof,
318to be unenforceable, that provision of the License will be enforced to
319the maximum extent permissible so as to effect the economic benefits
320and intent of the parties, and the remainder of this License will
321continue in full force and effect. (b) Notwithstanding the foregoing,
322if applicable law prohibits or restricts You from fully and/or
323specifically complying with Sections 2 and/or 3 or prevents the
324enforceability of either of those Sections, this License will
325immediately terminate and You must immediately discontinue any use of
326the Covered Code and destroy all copies of it that are in your
327possession or control.
328
32913.6 Dispute Resolution. Any litigation or other dispute resolution
330between You and Apple relating to this License shall take place in the
331Northern District of California, and You and Apple hereby consent to
332the personal jurisdiction of, and venue in, the state and federal
333courts within that District with respect to this License. The
334application of the United Nations Convention on Contracts for the
335International Sale of Goods is expressly excluded.
336
33713.7 Entire Agreement; Governing Law. This License constitutes the
338entire agreement between the parties with respect to the subject
339matter hereof. This License shall be governed by the laws of the
340United States and the State of California, except that body of
341California law concerning conflicts of law.
342
343Where You are located in the province of Quebec, Canada, the following
344clause applies: The parties hereby confirm that they have requested
345that this License and all related documents be drafted in English. Les
346parties ont exige que le present contrat et tous les documents
347connexes soient rediges en anglais.
348
349EXHIBIT A.
350
351"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
352Reserved.
353
354This file contains Original Code and/or Modifications of Original Code
355as defined in and that are subject to the Apple Public Source License
356Version 2.0 (the 'License'). You may not use this file except in
357compliance with the License. Please obtain a copy of the License at
358http://www.opensource.apple.com/apsl/ and read it before using this
359file.
360
361The Original Code and all software distributed under the License are
362distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
363EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
364INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
365FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
366Please see the License for the specific language governing rights and
367limitations under the License."
368

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