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 exigé que le
présent contrat et tous les documents connexes soient
rédigés en anglais.
EXHIBIT A.
"Portions Copyright © 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."
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