APPLE PUBLIC SOURCE LICENSE␊ |
Version 2.0 - August 6, 2003␊ |
␊ |
Please read this License carefully before downloading this software.␊ |
By downloading or using this software, you are agreeing to be bound by␊ |
the terms of this License. If you do not or cannot agree to the terms␊ |
of this License, please do not download or use the software.␊ |
␊ |
1. General; Definitions. This License applies to any program or other␊ |
work which Apple Computer, Inc. ("Apple") makes publicly available and␊ |
which contains a notice placed by Apple identifying such program or␊ |
work as "Original Code" and stating that it is subject to the terms of␊ |
this Apple Public Source License version 2.0 ("License"). As used in␊ |
this License:␊ |
␊ |
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is␊ |
the grantor of rights, (i) claims of patents that are now or hereafter␊ |
acquired, owned by or assigned to Apple and (ii) that cover subject␊ |
matter contained in the Original Code, but only to the extent␊ |
necessary to use, reproduce and/or distribute the Original Code␊ |
without infringement; and (b) in the case where You are the grantor of␊ |
rights, (i) claims of patents that are now or hereafter acquired,␊ |
owned by or assigned to You and (ii) that cover subject matter in Your␊ |
Modifications, taken alone or in combination with Original Code.␊ |
␊ |
1.2 "Contributor" means any person or entity that creates or␊ |
contributes to the creation of Modifications.␊ |
␊ |
1.3 "Covered Code" means the Original Code, Modifications, the␊ |
combination of Original Code and any Modifications, and/or any␊ |
respective portions thereof.␊ |
␊ |
1.4 "Externally Deploy" means: (a) to sublicense, distribute or␊ |
otherwise make Covered Code available, directly or indirectly, to␊ |
anyone other than You; and/or (b) to use Covered Code, alone or as␊ |
part of a Larger Work, in any way to provide a service, including but␊ |
not limited to delivery of content, through electronic communication␊ |
with a client other than You.␊ |
␊ |
1.5 "Larger Work" means a work which combines Covered Code or portions␊ |
thereof with code not governed by the terms of this License.␊ |
␊ |
1.6 "Modifications" mean any addition to, deletion from, and/or change␊ |
to, the substance and/or structure of the Original Code, any previous␊ |
Modifications, the combination of Original Code and any previous␊ |
Modifications, and/or any respective portions thereof. When code is␊ |
released as a series of files, a Modification is: (a) any addition to␊ |
or deletion from the contents of a file containing Covered Code;␊ |
and/or (b) any new file or other representation of computer program␊ |
statements that contains any part of Covered Code.␊ |
␊ |
1.7 "Original Code" means (a) the Source Code of a program or other␊ |
work as originally made available by Apple under this License,␊ |
including the Source Code of any updates or upgrades to such programs␊ |
or works made available by Apple under this License, and that has been␊ |
expressly identified by Apple as such in the header file(s) of such␊ |
work; and (b) the object code compiled from such Source Code and␊ |
originally made available by Apple under this License.␊ |
␊ |
1.8 "Source Code" means the human readable form of a program or other␊ |
work that is suitable for making modifications to it, including all␊ |
modules it contains, plus any associated interface definition files,␊ |
scripts used to control compilation and installation of an executable␊ |
(object code).␊ |
␊ |
1.9 "You" or "Your" means an individual or a legal entity exercising␊ |
rights under this License. For legal entities, "You" or "Your"␊ |
includes any entity which controls, is controlled by, or is under␊ |
common control with, You, where "control" means (a) the power, direct␊ |
or indirect, to cause the direction or management of such entity,␊ |
whether by contract or otherwise, or (b) ownership of fifty percent␊ |
(50%) or more of the outstanding shares or beneficial ownership of␊ |
such entity.␊ |
␊ |
2. Permitted Uses; Conditions & Restrictions. Subject to the terms␊ |
and conditions of this License, Apple hereby grants You, effective on␊ |
the date You accept this License and download the Original Code, a␊ |
world-wide, royalty-free, non-exclusive license, to the extent of␊ |
Apple's Applicable Patent Rights and copyrights covering the Original␊ |
Code, to do the following:␊ |
␊ |
2.1 Unmodified Code. You may use, reproduce, display, perform,␊ |
internally distribute within Your organization, and Externally Deploy␊ |
verbatim, unmodified copies of the Original Code, for commercial or␊ |
non-commercial purposes, provided that in each instance:␊ |
␊ |
(a) You must retain and reproduce in all copies of Original Code the␊ |
copyright and other proprietary notices and disclaimers of Apple as␊ |
they appear in the Original Code, and keep intact all notices in the␊ |
Original Code that refer to this License; and␊ |
␊ |
(b) You must include a copy of this License with every copy of Source␊ |
Code of Covered Code and documentation You distribute or Externally␊ |
Deploy, and You may not offer or impose any terms on such Source Code␊ |
that alter or restrict this License or the recipients' rights␊ |
hereunder, except as permitted under Section 6.␊ |
␊ |
2.2 Modified Code. You may modify Covered Code and use, reproduce,␊ |
display, perform, internally distribute within Your organization, and␊ |
Externally Deploy Your Modifications and Covered Code, for commercial␊ |
or non-commercial purposes, provided that in each instance You also␊ |
meet all of these conditions:␊ |
␊ |
(a) You must satisfy all the conditions of Section 2.1 with respect to␊ |
the Source Code of the Covered Code;␊ |
␊ |
(b) You must duplicate, to the extent it does not already exist, the␊ |
notice in Exhibit A in each file of the Source Code of all Your␊ |
Modifications, and cause the modified files to carry prominent notices␊ |
stating that You changed the files and the date of any change; and␊ |
␊ |
(c) If You Externally Deploy Your Modifications, You must make␊ |
Source Code of all Your Externally Deployed Modifications either␊ |
available to those to whom You have Externally Deployed Your␊ |
Modifications, or publicly available. Source Code of Your Externally␊ |
Deployed Modifications must be released under the terms set forth in␊ |
this License, including the license grants set forth in Section 3␊ |
below, for as long as you Externally Deploy the Covered Code or twelve␊ |
(12) months from the date of initial External Deployment, whichever is␊ |
longer. You should preferably distribute the Source Code of Your␊ |
Externally Deployed Modifications electronically (e.g. download from a␊ |
web site).␊ |
␊ |
2.3 Distribution of Executable Versions. In addition, if You␊ |
Externally Deploy Covered Code (Original Code and/or Modifications) in␊ |
object code, executable form only, You must include a prominent␊ |
notice, in the code itself as well as in related documentation,␊ |
stating that Source Code of the Covered Code is available under the␊ |
terms of this License with information on how and where to obtain such␊ |
Source Code.␊ |
␊ |
2.4 Third Party Rights. You expressly acknowledge and agree that␊ |
although Apple and each Contributor grants the licenses to their␊ |
respective portions of the Covered Code set forth herein, no␊ |
assurances are provided by Apple or any Contributor that the Covered␊ |
Code does not infringe the patent or other intellectual property␊ |
rights of any other entity. Apple and each Contributor disclaim any␊ |
liability to You for claims brought by any other entity based on␊ |
infringement of intellectual property rights or otherwise. As a␊ |
condition to exercising the rights and licenses granted hereunder, You␊ |
hereby assume sole responsibility to secure any other intellectual␊ |
property rights needed, if any. For example, if a third party patent␊ |
license is required to allow You to distribute the Covered Code, it is␊ |
Your responsibility to acquire that license before distributing the␊ |
Covered Code.␊ |
␊ |
3. Your Grants. In consideration of, and as a condition to, the␊ |
licenses granted to You under this License, You hereby grant to any␊ |
person or entity receiving or distributing Covered Code under this␊ |
License a non-exclusive, royalty-free, perpetual, irrevocable license,␊ |
under Your Applicable Patent Rights and other intellectual property␊ |
rights (other than patent) owned or controlled by You, to use,␊ |
reproduce, display, perform, modify, sublicense, distribute and␊ |
Externally Deploy Your Modifications of the same scope and extent as␊ |
Apple's licenses under Sections 2.1 and 2.2 above.␊ |
␊ |
4. Larger Works. You may create a Larger Work by combining Covered␊ |
Code with other code not governed by the terms of this License and␊ |
distribute the Larger Work as a single product. In each such instance,␊ |
You must make sure the requirements of this License are fulfilled for␊ |
the Covered Code or any portion thereof.␊ |
␊ |
5. Limitations on Patent License. Except as expressly stated in␊ |
Section 2, no other patent rights, express or implied, are granted by␊ |
Apple herein. Modifications and/or Larger Works may require additional␊ |
patent licenses from Apple which Apple may grant in its sole␊ |
discretion.␊ |
␊ |
6. Additional Terms. You may choose to offer, and to charge a fee for,␊ |
warranty, support, indemnity or liability obligations and/or other␊ |
rights consistent with the scope of the license granted herein␊ |
("Additional Terms") to one or more recipients of Covered Code.␊ |
However, You may do so only on Your own behalf and as Your sole␊ |
responsibility, and not on behalf of Apple or any Contributor. You␊ |
must obtain the recipient's agreement that any such Additional Terms␊ |
are offered by You alone, and You hereby agree to indemnify, defend␊ |
and hold Apple and every Contributor harmless for any liability␊ |
incurred by or claims asserted against Apple or such Contributor by␊ |
reason of any such Additional Terms.␊ |
␊ |
7. Versions of the License. Apple may publish revised and/or new␊ |
versions of this License from time to time. Each version will be given␊ |
a distinguishing version number. Once Original Code has been published␊ |
under a particular version of this License, You may continue to use it␊ |
under the terms of that version. You may also choose to use such␊ |
Original Code under the terms of any subsequent version of this␊ |
License published by Apple. No one other than Apple has the right to␊ |
modify the terms applicable to Covered Code created under this␊ |
License.␊ |
␊ |
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in␊ |
part pre-release, untested, or not fully tested works. The Covered␊ |
Code may contain errors that could cause failures or loss of data, and␊ |
may be incomplete or contain inaccuracies. You expressly acknowledge␊ |
and agree that use of the Covered Code, or any portion thereof, is at␊ |
Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND␊ |
WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND␊ |
APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE␊ |
PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM␊ |
ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT␊ |
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF␊ |
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR␊ |
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD␊ |
PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST␊ |
INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE␊ |
FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,␊ |
THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR␊ |
ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO␊ |
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE␊ |
AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.␊ |
You acknowledge that the Covered Code is not intended for use in the␊ |
operation of nuclear facilities, aircraft navigation, communication␊ |
systems, or air traffic control machines in which case the failure of␊ |
the Covered Code could lead to death, personal injury, or severe␊ |
physical or environmental damage.␊ |
␊ |
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO␊ |
EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,␊ |
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING␊ |
TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR␊ |
ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,␊ |
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF␊ |
APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH␊ |
DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY␊ |
REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF␊ |
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY␊ |
TO YOU. In no event shall Apple's total liability to You for all␊ |
damages (other than as may be required by applicable law) under this␊ |
License exceed the amount of fifty dollars ($50.00).␊ |
␊ |
10. Trademarks. This License does not grant any rights to use the␊ |
trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",␊ |
"QuickTime", "QuickTime Streaming Server" or any other trademarks,␊ |
service marks, logos or trade names belonging to Apple (collectively␊ |
"Apple Marks") or to any trademark, service mark, logo or trade name␊ |
belonging to any Contributor. You agree not to use any Apple Marks in␊ |
or as part of the name of products derived from the Original Code or␊ |
to endorse or promote products derived from the Original Code other␊ |
than as expressly permitted by and in strict compliance at all times␊ |
with Apple's third party trademark usage guidelines which are posted␊ |
at http://www.apple.com/legal/guidelinesfor3rdparties.html.␊ |
␊ |
11. Ownership. Subject to the licenses granted under this License,␊ |
each Contributor retains all rights, title and interest in and to any␊ |
Modifications made by such Contributor. Apple retains all rights,␊ |
title and interest in and to the Original Code and any Modifications␊ |
made by or on behalf of Apple ("Apple Modifications"), and such Apple␊ |
Modifications will not be automatically subject to this License. Apple␊ |
may, at its sole discretion, choose to license such Apple␊ |
Modifications under this License, or on different terms from those␊ |
contained in this License or may choose not to license them at all.␊ |
␊ |
12. Termination.␊ |
␊ |
12.1 Termination. This License and the rights granted hereunder will␊ |
terminate:␊ |
␊ |
(a) automatically without notice from Apple if You fail to comply with␊ |
any term(s) of this License and fail to cure such breach within 30␊ |
days of becoming aware of such breach;␊ |
␊ |
(b) immediately in the event of the circumstances described in Section␊ |
13.5(b); or␊ |
␊ |
(c) automatically without notice from Apple if You, at any time during␊ |
the term of this License, commence an action for patent infringement␊ |
against Apple; provided that Apple did not first commence␊ |
an action for patent infringement against You in that instance.␊ |
␊ |
12.2 Effect of Termination. Upon termination, You agree to immediately␊ |
stop any further use, reproduction, modification, sublicensing and␊ |
distribution of the Covered Code. All sublicenses to the Covered Code␊ |
which have been properly granted prior to termination shall survive␊ |
any termination of this License. Provisions which, by their nature,␊ |
should remain in effect beyond the termination of this License shall␊ |
survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,␊ |
12.2 and 13. No party will be liable to any other for compensation,␊ |
indemnity or damages of any sort solely as a result of terminating␊ |
this License in accordance with its terms, and termination of this␊ |
License will be without prejudice to any other right or remedy of␊ |
any party.␊ |
␊ |
13. Miscellaneous.␊ |
␊ |
13.1 Government End Users. The Covered Code is a "commercial item" as␊ |
defined in FAR 2.101. Government software and technical data rights in␊ |
the Covered Code include only those rights customarily provided to the␊ |
public as defined in this License. This customary commercial license␊ |
in technical data and software is provided in accordance with FAR␊ |
12.211 (Technical Data) and 12.212 (Computer Software) and, for␊ |
Department of Defense purchases, DFAR 252.227-7015 (Technical Data --␊ |
Commercial Items) and 227.7202-3 (Rights in Commercial Computer␊ |
Software or Computer Software Documentation). Accordingly, all U.S.␊ |
Government End Users acquire Covered Code with only those rights set␊ |
forth herein.␊ |
␊ |
13.2 Relationship of Parties. This License will not be construed as␊ |
creating an agency, partnership, joint venture or any other form of␊ |
legal association between or among You, Apple or any Contributor, and␊ |
You will not represent to the contrary, whether expressly, by␊ |
implication, appearance or otherwise.␊ |
␊ |
13.3 Independent Development. Nothing in this License will impair␊ |
Apple's right to acquire, license, develop, have others develop for␊ |
it, market and/or distribute technology or products that perform the␊ |
same or similar functions as, or otherwise compete with,␊ |
Modifications, Larger Works, technology or products that You may␊ |
develop, produce, market or distribute.␊ |
␊ |
13.4 Waiver; Construction. Failure by Apple or any Contributor to␊ |
enforce any provision of this License will not be deemed a waiver of␊ |
future enforcement of that or any other provision. Any law or␊ |
regulation which provides that the language of a contract shall be␊ |
construed against the drafter will not apply to this License.␊ |
␊ |
13.5 Severability. (a) If for any reason a court of competent␊ |
jurisdiction finds any provision of this License, or portion thereof,␊ |
to be unenforceable, that provision of the License will be enforced to␊ |
the maximum extent permissible so as to effect the economic benefits␊ |
and intent of the parties, and the remainder of this License will␊ |
continue in full force and effect. (b) Notwithstanding the foregoing,␊ |
if applicable law prohibits or restricts You from fully and/or␊ |
specifically complying with Sections 2 and/or 3 or prevents the␊ |
enforceability of either of those Sections, this License will␊ |
immediately terminate and You must immediately discontinue any use of␊ |
the Covered Code and destroy all copies of it that are in your␊ |
possession or control.␊ |
␊ |
13.6 Dispute Resolution. Any litigation or other dispute resolution␊ |
between You and Apple relating to this License shall take place in the␊ |
Northern District of California, and You and Apple hereby consent to␊ |
the personal jurisdiction of, and venue in, the state and federal␊ |
courts within that District with respect to this License. The␊ |
application of the United Nations Convention on Contracts for the␊ |
International Sale of Goods is expressly excluded.␊ |
␊ |
13.7 Entire Agreement; Governing Law. This License constitutes the␊ |
entire agreement between the parties with respect to the subject␊ |
matter hereof. This License shall be governed by the laws of the␊ |
United States and the State of California, except that body of␊ |
California law concerning conflicts of law.␊ |
␊ |
Where You are located in the province of Quebec, Canada, the following␊ |
clause applies: The parties hereby confirm that they have requested␊ |
that this License and all related documents be drafted in English. Les␊ |
parties ont exige que le present contrat et tous les documents␊ |
connexes soient rediges en anglais.␊ |
␊ |
EXHIBIT A.␊ |
␊ |
"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights␊ |
Reserved.␊ |
␊ |
This file contains Original Code and/or Modifications of Original Code␊ |
as defined in and that are subject to the Apple Public Source License␊ |
Version 2.0 (the 'License'). You may not use this file except in␊ |
compliance with the License. Please obtain a copy of the License at␊ |
http://www.opensource.apple.com/apsl/ and read it before using this␊ |
file.␊ |
␊ |
The Original Code and all software distributed under the License are␊ |
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER␊ |
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,␊ |
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,␊ |
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.␊ |
Please see the License for the specific language governing rights and␊ |
limitations under the License."␊ |