| |
| APPLE PUBLIC SOURCE LICENSE |
| Version 1.1 - April 19,1999 |
| |
| Please read this License carefully before downloading this software. |
| By downloading and 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") publicly announces as |
| subject to this Apple Public Source License 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 1.1 (or subsequent version thereof), as it may |
| be revised from time to time by Apple ("License"). As used in this |
| License: |
| |
| 1.1 "Affected Original Code" means only those specific portions of |
| Original Code that allegedly infringe upon any party`s intellectual |
| property rights or are otherwise the subject of a claim of |
| infringement. |
| |
| 1.2 "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. |
| |
| 1.3 "Covered Code" means the Original Code, Modifications, the |
| combination of Original Code and any Modifications, and/or any |
| respective portions thereof. |
| |
| 1.4 "Deploy" means to use, sublicense or distribute Covered Code other |
| than for Your internal research and development (R&D), and includes |
| without limitation, any and all internal use or distribution of |
| Covered Code within Your business or organization except for R&D use, |
| as well as direct or indirect sublicensing or distribution of Covered |
| Code by You to any third party in any form or manner. |
| |
| 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 Covered Code. 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 You may use, copy, modify and distribute Original Code, with or |
| without Modifications, solely for Your internal research and |
| development, provided that You must in each instance: |
| |
| (a) 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; |
| |
| (b) include a copy of this License with every copy of Source Code of |
| Covered Code and documentation You distribute, 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; and |
| |
| (c) completely and accurately document all Modifications that you have |
| made and the date of each such Modification, designate the version of |
| the Original Code you used, prominently include a file carrying such |
| information with the Modifications, and duplicate the notice in |
| Exhibit A in each file of the Source Code of all such Modifications. |
| |
| 2.2 You may Deploy Covered Code, provided that You must in each |
| instance: |
| |
| (a) satisfy all the conditions of Section 2.1 with respect to the |
| Source Code of the Covered Code; |
| |
| (b) make all Your Deployed Modifications publicly available in Source |
| Code form via electronic distribution (e.g. download from a web site) |
| under the terms of this License and subject to the license grants set |
| forth in Section 3 below, and any additional terms You may choose to |
| offer under Section 6. You must continue to make the Source Code of |
| Your Deployed Modifications available for as long as you Deploy the |
| Covered Code or twelve (12) months from the date of initial |
| Deployment, whichever is longer; |
| |
| (c) if You Deploy Covered Code containing Modifications made by You, |
| inform others of how to obtain those Modifications by filling out and |
| submitting the information found at |
| http://www.apple.com/publicsource/modifications.html, if available; |
| and |
| |
| (d) if You Deploy Covered Code in object code, executable form only, |
| 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. |
| |
| 3. Your Grants. In consideration of, and as a condition to, the |
| licenses granted to You under this License: |
| |
| (a) You hereby grant to Apple and all third parties a non-exclusive, |
| royalty-free license, under Your Applicable Patent Rights and other |
| intellectual property rights owned or controlled by You, to use, |
| reproduce, modify, distribute and Deploy Your Modifications of the |
| same scope and extent as Apple`s licenses under Sections 2.1 and 2.2; |
| and |
| |
| (b) You hereby grant to Apple and its subsidiaries a non-exclusive, |
| worldwide, royalty-free, perpetual and irrevocable license, under Your |
| Applicable Patent Rights and other intellectual property rights owned |
| or controlled by You, to use, reproduce, execute, compile, display, |
| perform, modify or have modified (for Apple and/or its subsidiaries), |
| sublicense and distribute Your Modifications, in any form, through |
| multiple tiers of distribution. |
| |
| 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. 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 |
| harmless for any liability incurred by or claims asserted against |
| Apple 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 Original Code may contain in whole or |
| in part pre-release, untested, or not fully tested works. The |
| Original 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 Original Code, or any portion |
| thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS |
| PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND |
| AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND |
| 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS |
| "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS |
| OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
| AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND |
| FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY |
| RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE |
| ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF |
| THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT |
| DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN |
| INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED |
| REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE |
| SCOPE OF THIS WARRANTY. You acknowledge that the Original 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 Original Code could lead to death, |
| personal injury, or severe physical or environmental damage. |
| |
| 9. Liability. |
| |
| 9.1 Infringement. If any portion of, or functionality implemented by, |
| the Original Code becomes the subject of a claim of infringement, |
| Apple may, at its option: (a) attempt to procure the rights necessary |
| for Apple and You to continue using the Affected Original Code; (b) |
| modify the Affected Original Code so that it is no longer infringing; |
| or (c) suspend Your rights to use, reproduce, modify, sublicense and |
| distribute the Affected Original Code until a final determination of |
| the claim is made by a court or governmental administrative agency of |
| competent jurisdiction and Apple lifts the suspension as set forth |
| below. Such suspension of rights will be effective immediately upon |
| Apple`s posting of a notice to such effect on the Apple web site that |
| is used for implementation of this License. Upon such final |
| determination being made, if Apple is legally able, without the |
| payment of a fee or royalty, to resume use, reproduction, |
| modification, sublicensing and distribution of the Affected Original |
| Code, Apple will lift the suspension of rights to the Affected |
| Original Code by posting a notice to such effect on the Apple web site |
| that is used for implementation of this License. If Apple suspends |
| Your rights to Affected Original Code, nothing in this License shall |
| be construed to restrict You, at Your option and subject to applicable |
| law, from replacing the Affected Original Code with non-infringing |
| code or independently negotiating for necessary rights from such third |
| party. |
| |
| 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE 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 ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY |
| OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY |
| OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF |
| SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF |
| ANY REMEDY. In no event shall Apple`s total liability to You for all |
| damages 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 OS X", "Mac |
| OS X Server" or any other trademarks or trade names belonging to Apple |
| (collectively "Apple Marks") and no Apple Marks may be used to endorse |
| or promote products derived from the Original Code other than as |
| 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. 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. Apple`s development, use, |
| reproduction, modification, sublicensing and distribution of Covered |
| Code will not be subject to this License. |
| |
| 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. |
| |
| 12.2 Effect of Termination. Upon termination, You agree to |
| immediately stop any further use, reproduction, modification, |
| sublicensing and distribution of the Covered Code and to destroy all |
| copies of the Covered Code that are in your possession or control. |
| 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. Neither party will be |
| liable to the 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 either 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 You and Apple, 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 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) 1999-2000 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 1.1 (the "License"). You may not use this file |
| except in compliance with the License. Please obtain a copy of the |
| License at http://www.apple.com/publicsource 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 OR NON- INFRINGEMENT. Please see the |
| License for the specific language governing rights and limitations |
| under the License." |
| |