| 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." |