354 lines
19 KiB
Plaintext
354 lines
19 KiB
Plaintext
|
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 documentatble 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
|
||
|
licensesrms") 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 isce 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 (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."
|
||
|
|
||
|
Please read the terms of this license carefully. By clicking on the
|
||
|
"Yes, I Accept" button below you are accepting and agreeing to the terms
|
||
|
of this license with Apple Computer, Inc. If you are agreeing to this
|
||
|
license on behalf of a company, you represent that you are authorized to
|
||
|
bind the company to such a license. If you do not meet this criterion or
|
||
|
you do not agree to any of the terms of this license, please click on
|
||
|
the "No, I Reject" button below or use your browser's Back button to
|
||
|
exit this page.
|