368 lines
19 KiB
Plaintext
368 lines
19 KiB
Plaintext
APPLE PUBLIC SOURCE LICENSE
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Version 2.0 - August 6, 2003
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Please read this License carefully before downloading this software.
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By downloading or using this software, you are agreeing to be bound by
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the terms of this License. If you do not or cannot agree to the terms
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of this License, please do not download or use the software.
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1. General; Definitions. This License applies to any program or other
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work which Apple Computer, Inc. ("Apple") makes publicly available and
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which contains a notice placed by Apple identifying such program or
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work as "Original Code" and stating that it is subject to the terms of
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this Apple Public Source License version 2.0 ("License"). As used in
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this License:
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1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
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the grantor of rights, (i) claims of patents that are now or hereafter
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acquired, owned by or assigned to Apple and (ii) that cover subject
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matter contained in the Original Code, but only to the extent
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necessary to use, reproduce and/or distribute the Original Code
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without infringement; and (b) in the case where You are the grantor of
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rights, (i) claims of patents that are now or hereafter acquired,
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owned by or assigned to You and (ii) that cover subject matter in Your
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Modifications, taken alone or in combination with Original Code.
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1.2 "Contributor" means any person or entity that creates or
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contributes to the creation of Modifications.
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1.3 "Covered Code" means the Original Code, Modifications, the
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combination of Original Code and any Modifications, and/or any
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respective portions thereof.
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1.4 "Externally Deploy" means: (a) to sublicense, distribute or
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otherwise make Covered Code available, directly or indirectly, to
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anyone other than You; and/or (b) to use Covered Code, alone or as
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part of a Larger Work, in any way to provide a service, including but
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not limited to delivery of content, through electronic communication
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with a client other than You.
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1.5 "Larger Work" means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.6 "Modifications" mean any addition to, deletion from, and/or change
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to, the substance and/or structure of the Original Code, any previous
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Modifications, the combination of Original Code and any previous
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Modifications, and/or any respective portions thereof. When code is
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released as a series of files, a Modification is: (a) any addition to
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or deletion from the contents of a file containing Covered Code;
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and/or (b) any new file or other representation of computer program
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statements that contains any part of Covered Code.
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1.7 "Original Code" means (a) the Source Code of a program or other
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work as originally made available by Apple under this License,
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including the Source Code of any updates or upgrades to such programs
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or works made available by Apple under this License, and that has been
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expressly identified by Apple as such in the header file(s) of such
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work; and (b) the object code compiled from such Source Code and
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originally made available by Apple under this License.
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1.8 "Source Code" means the human readable form of a program or other
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work that is suitable for making modifications to it, including all
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modules it contains, plus any associated interface definition files,
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scripts used to control compilation and installation of an executable
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(object code).
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1.9 "You" or "Your" means an individual or a legal entity exercising
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rights under this License. For legal entities, "You" or "Your"
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includes any entity which controls, is controlled by, or is under
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common control with, You, where "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of fifty percent
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(50%) or more of the outstanding shares or beneficial ownership of
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such entity.
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2. Permitted Uses; Conditions & Restrictions. Subject to the terms
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and conditions of this License, Apple hereby grants You, effective on
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the date You accept this License and download the Original Code, a
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world-wide, royalty-free, non-exclusive license, to the extent of
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Apple's Applicable Patent Rights and copyrights covering the Original
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Code, to do the following:
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2.1 Unmodified Code. You may use, reproduce, display, perform,
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internally distribute within Your organization, and Externally Deploy
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verbatim, unmodified copies of the Original Code, for commercial or
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non-commercial purposes, provided that in each instance:
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(a) You must retain and reproduce in all copies of Original Code the
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copyright and other proprietary notices and disclaimers of Apple as
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they appear in the Original Code, and keep intact all notices in the
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Original Code that refer to this License; and
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(b) You must include a copy of this License with every copy of Source
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Code of Covered Code and documentation You distribute or Externally
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Deploy, and You may not offer or impose any terms on such Source Code
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that alter or restrict this License or the recipients' rights
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hereunder, except as permitted under Section 6.
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2.2 Modified Code. You may modify Covered Code and use, reproduce,
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display, perform, internally distribute within Your organization, and
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Externally Deploy Your Modifications and Covered Code, for commercial
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or non-commercial purposes, provided that in each instance You also
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meet all of these conditions:
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(a) You must satisfy all the conditions of Section 2.1 with respect to
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the Source Code of the Covered Code;
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(b) You must duplicate, to the extent it does not already exist, the
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notice in Exhibit A in each file of the Source Code of all Your
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Modifications, and cause the modified files to carry prominent notices
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stating that You changed the files and the date of any change; and
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(c) If You Externally Deploy Your Modifications, You must make
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Source Code of all Your Externally Deployed Modifications either
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available to those to whom You have Externally Deployed Your
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Modifications, or publicly available. Source Code of Your Externally
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Deployed Modifications must be released under the terms set forth in
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this License, including the license grants set forth in Section 3
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below, for as long as you Externally Deploy the Covered Code or twelve
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(12) months from the date of initial External Deployment, whichever is
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longer. You should preferably distribute the Source Code of Your
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Externally Deployed Modifications electronically (e.g. download from a
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web site).
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2.3 Distribution of Executable Versions. In addition, if You
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Externally Deploy Covered Code (Original Code and/or Modifications) in
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object code, executable form only, You must include a prominent
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notice, in the code itself as well as in related documentation,
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stating that Source Code of the Covered Code is available under the
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terms of this License with information on how and where to obtain such
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Source Code.
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2.4 Third Party Rights. You expressly acknowledge and agree that
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although Apple and each Contributor grants the licenses to their
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respective portions of the Covered Code set forth herein, no
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assurances are provided by Apple or any Contributor that the Covered
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Code does not infringe the patent or other intellectual property
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rights of any other entity. Apple and each Contributor disclaim any
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liability to You for claims brought by any other entity based on
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infringement of intellectual property rights or otherwise. As a
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condition to exercising the rights and licenses granted hereunder, You
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hereby assume sole responsibility to secure any other intellectual
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property rights needed, if any. For example, if a third party patent
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license is required to allow You to distribute the Covered Code, it is
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Your responsibility to acquire that license before distributing the
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Covered Code.
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3. Your Grants. In consideration of, and as a condition to, the
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licenses granted to You under this License, You hereby grant to any
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person or entity receiving or distributing Covered Code under this
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License a non-exclusive, royalty-free, perpetual, irrevocable license,
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under Your Applicable Patent Rights and other intellectual property
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rights (other than patent) owned or controlled by You, to use,
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reproduce, display, perform, modify, sublicense, distribute and
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Externally Deploy Your Modifications of the same scope and extent as
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Apple's licenses under Sections 2.1 and 2.2 above.
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4. Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In each such instance,
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You must make sure the requirements of this License are fulfilled for
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the Covered Code or any portion thereof.
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5. Limitations on Patent License. Except as expressly stated in
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Section 2, no other patent rights, express or implied, are granted by
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Apple herein. Modifications and/or Larger Works may require additional
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patent licenses from Apple which Apple may grant in its sole
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discretion.
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6. Additional Terms. You may choose to offer, and to charge a fee for,
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warranty, support, indemnity or liability obligations and/or other
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rights consistent with the scope of the license granted herein
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("Additional Terms") to one or more recipients of Covered Code.
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However, You may do so only on Your own behalf and as Your sole
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responsibility, and not on behalf of Apple or any Contributor. You
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must obtain the recipient's agreement that any such Additional Terms
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are offered by You alone, and You hereby agree to indemnify, defend
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and hold Apple and every Contributor harmless for any liability
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incurred by or claims asserted against Apple or such Contributor by
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reason of any such Additional Terms.
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7. Versions of the License. Apple may publish revised and/or new
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versions of this License from time to time. Each version will be given
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a distinguishing version number. Once Original Code has been published
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under a particular version of this License, You may continue to use it
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under the terms of that version. You may also choose to use such
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Original Code under the terms of any subsequent version of this
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License published by Apple. No one other than Apple has the right to
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modify the terms applicable to Covered Code created under this
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License.
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8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
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part pre-release, untested, or not fully tested works. The Covered
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Code may contain errors that could cause failures or loss of data, and
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may be incomplete or contain inaccuracies. You expressly acknowledge
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and agree that use of the Covered Code, or any portion thereof, is at
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Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
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WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
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APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
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PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
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ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
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NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
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MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
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PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
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PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
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INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
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FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
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THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
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ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
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ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
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AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
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You acknowledge that the Covered Code is not intended for use in the
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operation of nuclear facilities, aircraft navigation, communication
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systems, or air traffic control machines in which case the failure of
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the Covered Code could lead to death, personal injury, or severe
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physical or environmental damage.
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9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
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EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
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SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
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TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
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ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
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TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
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APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
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REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
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TO YOU. In no event shall Apple's total liability to You for all
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damages (other than as may be required by applicable law) under this
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License exceed the amount of fifty dollars ($50.00).
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10. Trademarks. This License does not grant any rights to use the
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trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
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"QuickTime", "QuickTime Streaming Server" or any other trademarks,
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service marks, logos or trade names belonging to Apple (collectively
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"Apple Marks") or to any trademark, service mark, logo or trade name
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belonging to any Contributor. You agree not to use any Apple Marks in
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or as part of the name of products derived from the Original Code or
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to endorse or promote products derived from the Original Code other
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than as expressly permitted by and in strict compliance at all times
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with Apple's third party trademark usage guidelines which are posted
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at http://www.apple.com/legal/guidelinesfor3rdparties.html.
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11. Ownership. Subject to the licenses granted under this License,
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each Contributor retains all rights, title and interest in and to any
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Modifications made by such Contributor. Apple retains all rights,
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title and interest in and to the Original Code and any Modifications
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made by or on behalf of Apple ("Apple Modifications"), and such Apple
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Modifications will not be automatically subject to this License. Apple
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may, at its sole discretion, choose to license such Apple
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Modifications under this License, or on different terms from those
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contained in this License or may choose not to license them at all.
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12. Termination.
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12.1 Termination. This License and the rights granted hereunder will
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terminate:
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(a) automatically without notice from Apple if You fail to comply with
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any term(s) of this License and fail to cure such breach within 30
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days of becoming aware of such breach;
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(b) immediately in the event of the circumstances described in Section
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13.5(b); or
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(c) automatically without notice from Apple if You, at any time during
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the term of this License, commence an action for patent infringement
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against Apple; provided that Apple did not first commence
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an action for patent infringement against You in that instance.
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12.2 Effect of Termination. Upon termination, You agree to immediately
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stop any further use, reproduction, modification, sublicensing and
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distribution of the Covered Code. All sublicenses to the Covered Code
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which have been properly granted prior to termination shall survive
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any termination of this License. Provisions which, by their nature,
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should remain in effect beyond the termination of this License shall
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survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
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12.2 and 13. No party will be liable to any other for compensation,
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indemnity or damages of any sort solely as a result of terminating
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this License in accordance with its terms, and termination of this
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License will be without prejudice to any other right or remedy of
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any party.
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13. Miscellaneous.
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13.1 Government End Users. The Covered Code is a "commercial item" as
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defined in FAR 2.101. Government software and technical data rights in
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the Covered Code include only those rights customarily provided to the
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public as defined in this License. This customary commercial license
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in technical data and software is provided in accordance with FAR
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12.211 (Technical Data) and 12.212 (Computer Software) and, for
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Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
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Commercial Items) and 227.7202-3 (Rights in Commercial Computer
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Software or Computer Software Documentation). Accordingly, all U.S.
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Government End Users acquire Covered Code with only those rights set
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forth herein.
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13.2 Relationship of Parties. This License will not be construed as
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creating an agency, partnership, joint venture or any other form of
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legal association between or among You, Apple or any Contributor, and
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You will not represent to the contrary, whether expressly, by
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implication, appearance or otherwise.
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13.3 Independent Development. Nothing in this License will impair
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Apple's right to acquire, license, develop, have others develop for
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it, market and/or distribute technology or products that perform the
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same or similar functions as, or otherwise compete with,
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Modifications, Larger Works, technology or products that You may
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develop, produce, market or distribute.
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13.4 Waiver; Construction. Failure by Apple or any Contributor to
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enforce any provision of this License will not be deemed a waiver of
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future enforcement of that or any other provision. Any law or
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regulation which provides that the language of a contract shall be
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construed against the drafter will not apply to this License.
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13.5 Severability. (a) If for any reason a court of competent
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jurisdiction finds any provision of this License, or portion thereof,
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to be unenforceable, that provision of the License will be enforced to
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the maximum extent permissible so as to effect the economic benefits
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and intent of the parties, and the remainder of this License will
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continue in full force and effect. (b) Notwithstanding the foregoing,
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if applicable law prohibits or restricts You from fully and/or
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specifically complying with Sections 2 and/or 3 or prevents the
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enforceability of either of those Sections, this License will
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immediately terminate and You must immediately discontinue any use of
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the Covered Code and destroy all copies of it that are in your
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possession or control.
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13.6 Dispute Resolution. Any litigation or other dispute resolution
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between You and Apple relating to this License shall take place in the
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Northern District of California, and You and Apple hereby consent to
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the personal jurisdiction of, and venue in, the state and federal
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courts within that District with respect to this License. The
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application of the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded.
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13.7 Entire Agreement; Governing Law. This License constitutes the
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entire agreement between the parties with respect to the subject
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matter hereof. This License shall be governed by the laws of the
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United States and the State of California, except that body of
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California law concerning conflicts of law.
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Where You are located in the province of Quebec, Canada, the following
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clause applies: The parties hereby confirm that they have requested
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that this License and all related documents be drafted in English. Les
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parties ont exige que le present contrat et tous les documents
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connexes soient rediges en anglais.
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EXHIBIT A.
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"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
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Reserved.
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This file contains Original Code and/or Modifications of Original Code
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as defined in and that are subject to the Apple Public Source License
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Version 2.0 (the 'License'). You may not use this file except in
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compliance with the License. Please obtain a copy of the License at
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http://www.opensource.apple.com/apsl/ and read it before using this
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file.
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The Original Code and all software distributed under the License are
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distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
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EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
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INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
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Please see the License for the specific language governing rights and
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limitations under the License."
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