| |
| APPLE PUBLIC SOURCE LICENSE |
| Version 1.0 - March 16, 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 1.0 (or subsequent version thereof), as it may |
| be revised from time to time by Apple ("License"). As used in this |
| License: |
| |
| 1.1 "Applicable Patents" mean: (a) in the case where Apple is the |
| grantor of rights, (i) patents or patent applications that are now |
| or hereafter acquired, owned by or assigned to Apple and (ii) whose |
| claims 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) patents and patent applications that |
| are now or hereafter acquired, owned by or assigned to You and (ii) |
| whose claims cover subject matter in Your Modifications, taken alone |
| or in combination with Original Code. |
| |
| 1.2 "Covered Code" means the Original Code, Modifications, the |
| combination of Original Code and any Modifications, and/or any |
| respective portions thereof. |
| |
| 1.3 "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. |
| |
| 1.4 "Larger Work" means a work which combines Covered Code or portions |
| thereof with code not governed by the terms of this License. |
| |
| 1.5 "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. |
| |
| 1.6 "Original Code" means 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. |
| |
| 1.7 "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). |
| |
| 1.8 "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 Patents 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) must notify Apple and other third parties of how to obtain Your |
| Deployed Modifications by filling out and submitting the required |
| information found at |
| http://www.apple.com/publicsource/modifications.html; 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 Patents 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 Patents 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 of the Original Code becomes the subject of |
| a claim of infringement ("Affected Original Code"), Apple may, at |
| its sole discretion and option: (a) attempt to procure the rights |
| necessary for You to continue using the Affected Original Code; (b) |
| modify the Affected Original Code so that it is no longer |
| infringing; or (c) terminate Your rights to use the Affected |
| Original Code, 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. |
| |
| 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 Sections 9.1 and/or 13.6(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 and |
| distribution of the Covered Code, or Affected Original Code in the |
| case of termination under Section 9.1, and to destroy all copies of |
| the Covered Code or Affected Original Code (in the case of |
| termination under Section 9.1) 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 Export Law Assurances. You may not use or otherwise export or |
| re-export the Original Code except as authorized by United States |
| law and the laws of the jurisdiction in which the Original Code was |
| obtained. In particular, but without limitation, the Original Code |
| may not be exported or re-exported (a) into (or to a national or |
| resident of) any U.S. embargoed country or (b) to anyone on the |
| U.S. Treasury Department`s list of Specially Designated Nationals |
| or the U.S. Department of Commerce`s Table of Denial Orders. By |
| using the Original Code, You represent and warrant that You are not |
| located in, under control of, or a national or resident of any such |
| country or on any such list. |
| |
| 13.2 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. |
| |
| 13.3 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. |
| |
| 13.4 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. |
| |
| 13.5 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. |
| |
| 13.6 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. |
| |
| 13.7 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. |
| |
| 13.8 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 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 1.0 (the `License`). You may not use this file |
| except in compliance with the License. Please obtain a copy of the |
| License at http://www.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." |
| |