Patrick Williams | c124f4f | 2015-09-15 14:41:29 -0500 | [diff] [blame] | 1 | |
| 2 | APPLE PUBLIC SOURCE LICENSE |
| 3 | Version 1.1 - April 19,1999 |
| 4 | |
| 5 | Please read this License carefully before downloading this software. |
| 6 | By downloading and using this software, you are agreeing to be bound |
| 7 | by the terms of this License. If you do not or cannot agree to the |
| 8 | terms of this License, please do not download or use the software. |
| 9 | |
| 10 | 1. General; Definitions. This License applies to any program or other |
| 11 | work which Apple Computer, Inc. ("Apple") publicly announces as |
| 12 | subject to this Apple Public Source License and which contains a |
| 13 | notice placed by Apple identifying such program or work as "Original |
| 14 | Code" and stating that it is subject to the terms of this Apple Public |
| 15 | Source License version 1.1 (or subsequent version thereof), as it may |
| 16 | be revised from time to time by Apple ("License"). As used in this |
| 17 | License: |
| 18 | |
| 19 | 1.1 "Affected Original Code" means only those specific portions of |
| 20 | Original Code that allegedly infringe upon any party`s intellectual |
| 21 | property rights or are otherwise the subject of a claim of |
| 22 | infringement. |
| 23 | |
| 24 | 1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is |
| 25 | the grantor of rights, (i) claims of patents that are now or hereafter |
| 26 | acquired, owned by or assigned to Apple and (ii) that cover subject |
| 27 | matter contained in the Original Code, but only to the extent |
| 28 | necessary to use, reproduce and/or distribute the Original Code |
| 29 | without infringement; and (b) in the case where You are the grantor of |
| 30 | rights, (i) claims of patents that are now or hereafter acquired, |
| 31 | owned by or assigned to You and (ii) that cover subject matter in Your |
| 32 | Modifications, taken alone or in combination with Original Code. |
| 33 | |
| 34 | 1.3 "Covered Code" means the Original Code, Modifications, the |
| 35 | combination of Original Code and any Modifications, and/or any |
| 36 | respective portions thereof. |
| 37 | |
| 38 | 1.4 "Deploy" means to use, sublicense or distribute Covered Code other |
| 39 | than for Your internal research and development (R&D), and includes |
| 40 | without limitation, any and all internal use or distribution of |
| 41 | Covered Code within Your business or organization except for R&D use, |
| 42 | as well as direct or indirect sublicensing or distribution of Covered |
| 43 | Code by You to any third party in any form or manner. |
| 44 | |
| 45 | 1.5 "Larger Work" means a work which combines Covered Code or portions |
| 46 | thereof with code not governed by the terms of this License. |
| 47 | |
| 48 | 1.6 "Modifications" mean any addition to, deletion from, and/or change |
| 49 | to, the substance and/or structure of Covered Code. When code is |
| 50 | released as a series of files, a Modification is: (a) any addition to |
| 51 | or deletion from the contents of a file containing Covered Code; |
| 52 | and/or (b) any new file or other representation of computer program |
| 53 | statements that contains any part of Covered Code. |
| 54 | |
| 55 | 1.7 "Original Code" means (a) the Source Code of a program or other |
| 56 | work as originally made available by Apple under this License, |
| 57 | including the Source Code of any updates or upgrades to such programs |
| 58 | or works made available by Apple under this License, and that has been |
| 59 | expressly identified by Apple as such in the header file(s) of such |
| 60 | work; and (b) the object code compiled from such Source Code and |
| 61 | originally made available by Apple under this License. |
| 62 | |
| 63 | 1.8 "Source Code" means the human readable form of a program or other |
| 64 | work that is suitable for making modifications to it, including all |
| 65 | modules it contains, plus any associated interface definition files, |
| 66 | scripts used to control compilation and installation of an executable |
| 67 | (object code). |
| 68 | |
| 69 | 1.9 "You" or "Your" means an individual or a legal entity exercising |
| 70 | rights under this License. For legal entities, "You" or "Your" |
| 71 | includes any entity which controls, is controlled by, or is under |
| 72 | common control with, You, where "control" means (a) the power, direct |
| 73 | or indirect, to cause the direction or management of such entity, |
| 74 | whether by contract or otherwise, or (b) ownership of fifty percent |
| 75 | (50%) or more of the outstanding shares or beneficial ownership of |
| 76 | such entity. |
| 77 | |
| 78 | 2. Permitted Uses; Conditions & Restrictions. Subject to the terms |
| 79 | and conditions of this License, Apple hereby grants You, effective on |
| 80 | the date You accept this License and download the Original Code, a |
| 81 | world-wide, royalty-free, non- exclusive license, to the extent of |
| 82 | Apple`s Applicable Patent Rights and copyrights covering the Original |
| 83 | Code, to do the following: |
| 84 | |
| 85 | 2.1 You may use, copy, modify and distribute Original Code, with or |
| 86 | without Modifications, solely for Your internal research and |
| 87 | development, provided that You must in each instance: |
| 88 | |
| 89 | (a) retain and reproduce in all copies of Original Code the copyright |
| 90 | and other proprietary notices and disclaimers of Apple as they appear |
| 91 | in the Original Code, and keep intact all notices in the Original Code |
| 92 | that refer to this License; |
| 93 | |
| 94 | (b) include a copy of this License with every copy of Source Code of |
| 95 | Covered Code and documentation You distribute, and You may not offer |
| 96 | or impose any terms on such Source Code that alter or restrict this |
| 97 | License or the recipients` rights hereunder, except as permitted under |
| 98 | Section 6; and |
| 99 | |
| 100 | (c) completely and accurately document all Modifications that you have |
| 101 | made and the date of each such Modification, designate the version of |
| 102 | the Original Code you used, prominently include a file carrying such |
| 103 | information with the Modifications, and duplicate the notice in |
| 104 | Exhibit A in each file of the Source Code of all such Modifications. |
| 105 | |
| 106 | 2.2 You may Deploy Covered Code, provided that You must in each |
| 107 | instance: |
| 108 | |
| 109 | (a) satisfy all the conditions of Section 2.1 with respect to the |
| 110 | Source Code of the Covered Code; |
| 111 | |
| 112 | (b) make all Your Deployed Modifications publicly available in Source |
| 113 | Code form via electronic distribution (e.g. download from a web site) |
| 114 | under the terms of this License and subject to the license grants set |
| 115 | forth in Section 3 below, and any additional terms You may choose to |
| 116 | offer under Section 6. You must continue to make the Source Code of |
| 117 | Your Deployed Modifications available for as long as you Deploy the |
| 118 | Covered Code or twelve (12) months from the date of initial |
| 119 | Deployment, whichever is longer; |
| 120 | |
| 121 | (c) if You Deploy Covered Code containing Modifications made by You, |
| 122 | inform others of how to obtain those Modifications by filling out and |
| 123 | submitting the information found at |
| 124 | http://www.apple.com/publicsource/modifications.html, if available; |
| 125 | and |
| 126 | |
| 127 | (d) if You Deploy Covered Code in object code, executable form only, |
| 128 | include a prominent notice, in the code itself as well as in related |
| 129 | documentation, stating that Source Code of the Covered Code is |
| 130 | available under the terms of this License with information on how and |
| 131 | where to obtain such Source Code. |
| 132 | |
| 133 | 3. Your Grants. In consideration of, and as a condition to, the |
| 134 | licenses granted to You under this License: |
| 135 | |
| 136 | (a) You hereby grant to Apple and all third parties a non-exclusive, |
| 137 | royalty-free license, under Your Applicable Patent Rights and other |
| 138 | intellectual property rights owned or controlled by You, to use, |
| 139 | reproduce, modify, distribute and Deploy Your Modifications of the |
| 140 | same scope and extent as Apple`s licenses under Sections 2.1 and 2.2; |
| 141 | and |
| 142 | |
| 143 | (b) You hereby grant to Apple and its subsidiaries a non-exclusive, |
| 144 | worldwide, royalty-free, perpetual and irrevocable license, under Your |
| 145 | Applicable Patent Rights and other intellectual property rights owned |
| 146 | or controlled by You, to use, reproduce, execute, compile, display, |
| 147 | perform, modify or have modified (for Apple and/or its subsidiaries), |
| 148 | sublicense and distribute Your Modifications, in any form, through |
| 149 | multiple tiers of distribution. |
| 150 | |
| 151 | 4. Larger Works. You may create a Larger Work by combining Covered |
| 152 | Code with other code not governed by the terms of this License and |
| 153 | distribute the Larger Work as a single product. In each such |
| 154 | instance, You must make sure the requirements of this License are |
| 155 | fulfilled for the Covered Code or any portion thereof. |
| 156 | |
| 157 | 5. Limitations on Patent License. Except as expressly stated in |
| 158 | Section 2, no other patent rights, express or implied, are granted by |
| 159 | Apple herein. Modifications and/or Larger Works may require |
| 160 | additional patent licenses from Apple which Apple may grant in its |
| 161 | sole discretion. |
| 162 | |
| 163 | 6. Additional Terms. You may choose to offer, and to charge a fee |
| 164 | for, warranty, support, indemnity or liability obligations and/or |
| 165 | other rights consistent with the scope of the license granted herein |
| 166 | ("Additional Terms") to one or more recipients of Covered |
| 167 | Code. However, You may do so only on Your own behalf and as Your sole |
| 168 | responsibility, and not on behalf of Apple. You must obtain the |
| 169 | recipient`s agreement that any such Additional Terms are offered by |
| 170 | You alone, and You hereby agree to indemnify, defend and hold Apple |
| 171 | harmless for any liability incurred by or claims asserted against |
| 172 | Apple by reason of any such Additional Terms. |
| 173 | |
| 174 | 7. Versions of the License. Apple may publish revised and/or new |
| 175 | versions of this License from time to time. Each version will be |
| 176 | given a distinguishing version number. Once Original Code has been |
| 177 | published under a particular version of this License, You may continue |
| 178 | to use it under the terms of that version. You may also choose to use |
| 179 | such Original Code under the terms of any subsequent version of this |
| 180 | License published by Apple. No one other than Apple has the right to |
| 181 | modify the terms applicable to Covered Code created under this |
| 182 | License. |
| 183 | |
| 184 | 8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or |
| 185 | in part pre-release, untested, or not fully tested works. The |
| 186 | Original Code may contain errors that could cause failures or loss of |
| 187 | data, and may be incomplete or contain inaccuracies. You expressly |
| 188 | acknowledge and agree that use of the Original Code, or any portion |
| 189 | thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS |
| 190 | PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND |
| 191 | AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND |
| 192 | 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS |
| 193 | "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS |
| 194 | OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
| 195 | AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND |
| 196 | FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY |
| 197 | RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE |
| 198 | ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF |
| 199 | THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT |
| 200 | DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN |
| 201 | INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED |
| 202 | REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE |
| 203 | SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not |
| 204 | intended for use in the operation of nuclear facilities, aircraft |
| 205 | navigation, communication systems, or air traffic control machines in |
| 206 | which case the failure of the Original Code could lead to death, |
| 207 | personal injury, or severe physical or environmental damage. |
| 208 | |
| 209 | 9. Liability. |
| 210 | |
| 211 | 9.1 Infringement. If any portion of, or functionality implemented by, |
| 212 | the Original Code becomes the subject of a claim of infringement, |
| 213 | Apple may, at its option: (a) attempt to procure the rights necessary |
| 214 | for Apple and You to continue using the Affected Original Code; (b) |
| 215 | modify the Affected Original Code so that it is no longer infringing; |
| 216 | or (c) suspend Your rights to use, reproduce, modify, sublicense and |
| 217 | distribute the Affected Original Code until a final determination of |
| 218 | the claim is made by a court or governmental administrative agency of |
| 219 | competent jurisdiction and Apple lifts the suspension as set forth |
| 220 | below. Such suspension of rights will be effective immediately upon |
| 221 | Apple`s posting of a notice to such effect on the Apple web site that |
| 222 | is used for implementation of this License. Upon such final |
| 223 | determination being made, if Apple is legally able, without the |
| 224 | payment of a fee or royalty, to resume use, reproduction, |
| 225 | modification, sublicensing and distribution of the Affected Original |
| 226 | Code, Apple will lift the suspension of rights to the Affected |
| 227 | Original Code by posting a notice to such effect on the Apple web site |
| 228 | that is used for implementation of this License. If Apple suspends |
| 229 | Your rights to Affected Original Code, nothing in this License shall |
| 230 | be construed to restrict You, at Your option and subject to applicable |
| 231 | law, from replacing the Affected Original Code with non-infringing |
| 232 | code or independently negotiating for necessary rights from such third |
| 233 | party. |
| 234 | |
| 235 | 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE |
| 236 | LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES |
| 237 | ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO |
| 238 | USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY |
| 239 | OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY |
| 240 | OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF |
| 241 | SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF |
| 242 | ANY REMEDY. In no event shall Apple`s total liability to You for all |
| 243 | damages under this License exceed the amount of fifty dollars |
| 244 | ($50.00). |
| 245 | |
| 246 | 10. Trademarks. This License does not grant any rights to use the |
| 247 | trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac |
| 248 | OS X Server" or any other trademarks or trade names belonging to Apple |
| 249 | (collectively "Apple Marks") and no Apple Marks may be used to endorse |
| 250 | or promote products derived from the Original Code other than as |
| 251 | permitted by and in strict compliance at all times with Apple`s third |
| 252 | party trademark usage guidelines which are posted at |
| 253 | http://www.apple.com/legal/guidelinesfor3rdparties.html. |
| 254 | |
| 255 | 11. Ownership. Apple retains all rights, title and interest in and to |
| 256 | the Original Code and any Modifications made by or on behalf of Apple |
| 257 | ("Apple Modifications"), and such Apple Modifications will not be |
| 258 | automatically subject to this License. Apple may, at its sole |
| 259 | discretion, choose to license such Apple Modifications under this |
| 260 | License, or on different terms from those contained in this License or |
| 261 | may choose not to license them at all. Apple`s development, use, |
| 262 | reproduction, modification, sublicensing and distribution of Covered |
| 263 | Code will not be subject to this License. |
| 264 | |
| 265 | 12. Termination. |
| 266 | |
| 267 | 12.1 Termination. This License and the rights granted hereunder will |
| 268 | terminate: |
| 269 | |
| 270 | (a) automatically without notice from Apple if You fail to comply with |
| 271 | any term(s) of this License and fail to cure such breach within 30 |
| 272 | days of becoming aware of such breach; (b) immediately in the event of |
| 273 | the circumstances described in Section 13.5(b); or (c) automatically |
| 274 | without notice from Apple if You, at any time during the term of this |
| 275 | License, commence an action for patent infringement against Apple. |
| 276 | |
| 277 | 12.2 Effect of Termination. Upon termination, You agree to |
| 278 | immediately stop any further use, reproduction, modification, |
| 279 | sublicensing and distribution of the Covered Code and to destroy all |
| 280 | copies of the Covered Code that are in your possession or control. |
| 281 | All sublicenses to the Covered Code which have been properly granted |
| 282 | prior to termination shall survive any termination of this License. |
| 283 | Provisions which, by their nature, should remain in effect beyond the |
| 284 | termination of this License shall survive, including but not limited |
| 285 | to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be |
| 286 | liable to the other for compensation, indemnity or damages of any sort |
| 287 | solely as a result of terminating this License in accordance with its |
| 288 | terms, and termination of this License will be without prejudice to |
| 289 | any other right or remedy of either party. |
| 290 | |
| 291 | 13. Miscellaneous. |
| 292 | |
| 293 | 13.1 Government End Users. The Covered Code is a "commercial item" as |
| 294 | defined in FAR 2.101. Government software and technical data rights |
| 295 | in the Covered Code include only those rights customarily provided to |
| 296 | the public as defined in this License. This customary commercial |
| 297 | license in technical data and software is provided in accordance with |
| 298 | FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for |
| 299 | Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- |
| 300 | Commercial Items) and 227.7202-3 (Rights in Commercial Computer |
| 301 | Software or Computer Software Documentation). Accordingly, all U.S. |
| 302 | Government End Users acquire Covered Code with only those rights set |
| 303 | forth herein. |
| 304 | |
| 305 | 13.2 Relationship of Parties. This License will not be construed as |
| 306 | creating an agency, partnership, joint venture or any other form of |
| 307 | legal association between You and Apple, and You will not represent to |
| 308 | the contrary, whether expressly, by implication, appearance or |
| 309 | otherwise. |
| 310 | |
| 311 | 13.3 Independent Development. Nothing in this License will impair |
| 312 | Apple`s right to acquire, license, develop, have others develop for |
| 313 | it, market and/or distribute technology or products that perform the |
| 314 | same or similar functions as, or otherwise compete with, |
| 315 | Modifications, Larger Works, technology or products that You may |
| 316 | develop, produce, market or distribute. |
| 317 | |
| 318 | 13.4 Waiver; Construction. Failure by Apple to enforce any provision |
| 319 | of this License will not be deemed a waiver of future enforcement of |
| 320 | that or any other provision. Any law or regulation which provides |
| 321 | that the language of a contract shall be construed against the drafter |
| 322 | will not apply to this License. |
| 323 | |
| 324 | 13.5 Severability. (a) If for any reason a court of competent |
| 325 | jurisdiction finds any provision of this License, or portion thereof, |
| 326 | to be unenforceable, that provision of the License will be enforced to |
| 327 | the maximum extent permissible so as to effect the economic benefits |
| 328 | and intent of the parties, and the remainder of this License will |
| 329 | continue in full force and effect. (b) Notwithstanding the foregoing, |
| 330 | if applicable law prohibits or restricts You from fully and/or |
| 331 | specifically complying with Sections 2 and/or 3 or prevents the |
| 332 | enforceability of either of those Sections, this License will |
| 333 | immediately terminate and You must immediately discontinue any use of |
| 334 | the Covered Code and destroy all copies of it that are in your |
| 335 | possession or control. |
| 336 | |
| 337 | 13.6 Dispute Resolution. Any litigation or other dispute resolution |
| 338 | between You and Apple relating to this License shall take place in the |
| 339 | Northern District of California, and You and Apple hereby consent to |
| 340 | the personal jurisdiction of, and venue in, the state and federal |
| 341 | courts within that District with respect to this License. The |
| 342 | application of the United Nations Convention on Contracts for the |
| 343 | International Sale of Goods is expressly excluded. |
| 344 | |
| 345 | 13.7 Entire Agreement; Governing Law. This License constitutes the |
| 346 | entire agreement between the parties with respect to the subject |
| 347 | matter hereof. This License shall be governed by the laws of the |
| 348 | United States and the State of California, except that body of |
| 349 | California law concerning conflicts of law. |
| 350 | |
| 351 | Where You are located in the province of Quebec, Canada, the following |
| 352 | clause applies: The parties hereby confirm that they have requested |
| 353 | that this License and all related documents be drafted in English. Les |
| 354 | parties ont exige que le present contrat et tous les documents |
| 355 | connexes soient rediges en anglais. |
| 356 | |
| 357 | EXHIBIT A. |
| 358 | |
| 359 | "Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights |
| 360 | Reserved. This file contains Original Code and/or Modifications of |
| 361 | Original Code as defined in and that are subject to the Apple Public |
| 362 | Source License Version 1.1 (the "License"). You may not use this file |
| 363 | except in compliance with the License. Please obtain a copy of the |
| 364 | License at http://www.apple.com/publicsource and read it before using |
| 365 | this file. |
| 366 | |
| 367 | The Original Code and all software distributed under the License are |
| 368 | distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER |
| 369 | EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, |
| 370 | INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, |
| 371 | FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the |
| 372 | License for the specific language governing rights and limitations |
| 373 | under the License." |
| 374 | |