354 lines
19 KiB
Plaintext
354 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. By
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downloading or using this software, you are agreeing to be bound by the
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terms of this License. If you do not or cannot agree to the terms of
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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 work
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as "Original Code" and stating that it is subject to the terms of this
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Apple Public Source License version 2.0 ("License"). As used in this
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License:
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1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the
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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 necessary
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to use, reproduce and/or distribute the Original Code without
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infringement; and (b) in the case where You are the grantor of rights,
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(i) claims of patents that are now or hereafter acquired, owned by or
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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 contributes
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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 anyone
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other than You; and/or (b) to use Covered Code, alone or as part of a
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Larger Work, in any way to provide a service, including but not limited
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to delivery of content, through electronic communication with a client
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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 or
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deletion from the contents of a file containing Covered Code; and/or (b)
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any new file or other representation of computer program statements that
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contains any part of Covered Code.
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1.7 "Original Code" means (a) the Source Code of a program or other work
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as originally made available by Apple under this License, including the
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Source Code of any updates or upgrades to such programs or works made
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available by Apple under this License, and that has been expressly
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identified by Apple as such in the header file(s) of such work; and (b)
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the object code compiled from such Source Code and originally made
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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" includes
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any entity which controls, is controlled by, or is under common control
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with, You, where "control" means (a) the power, direct or indirect, to
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cause the direction or management of such entity, whether by contract or
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otherwise, or (b) ownership of fifty percent (50%) or more of the
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outstanding shares or beneficial ownership of such entity.
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2. Permitted Uses; Conditions & Restrictions. Subject to the terms and
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conditions of this License, Apple hereby grants You, effective on the
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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 they
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appear in the Original Code, and keep intact all notices in the Original
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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 hereunder,
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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 or
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non-commercial purposes, provided that in each instance You also meet
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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 Source
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Code of all Your Externally Deployed Modifications either available to
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those to whom You have Externally Deployed Your Modifications, or
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publicly available. Source Code of Your Externally Deployed
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Modifications must be released under the terms set forth in this
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License, including the license grants set forth in Section 3 below, for
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as long as you Externally Deploy the Covered Code or twelve (12) months
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from the date of initial External Deployment, whichever is longer. You
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should preferably distribute the Source Code of Your Externally Deployed
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Modifications electronically (e.g. download from a web site).
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2.3 Distribution of Executable Versions. In addition, if You Externally
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Deploy Covered Code (Original Code and/or Modifications) in object code,
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executable form only, You must include a prominent notice, in the code
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itself as well as in related documentatble under the terms of this
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License with information on how and where to obtain such 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 assurances
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are provided by Apple or any Contributor that the Covered Code does not
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infringe the patent or other intellectual property rights of any other
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entity. Apple and each Contributor disclaim any liability to You for
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claims brought by any other entity based on infringement of intellectual
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property rights or otherwise. As a condition to exercising the rights
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and licenses granted hereunder, You hereby assume sole responsibility to
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secure any other intellectual property rights needed, if any. For
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example, if a third party patent license is required to allow You to
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distribute the Covered Code, it is Your responsibility to acquire that
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license before distributing the Covered Code.
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3. Your Grants. In consideration of, and as a condition to, the licenses
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granted to You under this License, You hereby grant to any person or
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entity receiving or distributing Covered Code under this License a
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non-exclusive, royalty-free, perpetual, irrevocable license, under Your
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Applicable Patent Rights and other intellectual property rights (other
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than patent) owned or controlled by You, to use, reproduce, display,
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perform, modify, sublicense, distribute and Externally Deploy Your
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Modifications of the same scope and extent as Apple's licenses under
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Sections 2.1 and 2.2 above.
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4. Larger Works. You may create a Larger Work by combining Covered Code
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with other code not governed by the terms of this License and distribute
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the Larger Work as a single product. In each such instance, You must
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make sure the requirements of this License are fulfilled for the Covered
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Code or any portion thereof.
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5. Limitations on Patent License. Except as expressly stated in Section
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2, no other patent rights, express or implied, are granted by Apple
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herein. Modifications and/or Larger Works may require additional patent
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licensesrms") to one or more recipients of Covered Code. However, You
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may do so only on Your own behalf and as Your sole responsibility, and
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not on behalf of Apple or any Contributor. You must obtain the
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recipient's agreement that any such Additional Terms are offered by You
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alone, and You hereby agree to indemnify, defend and hold Apple and
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every Contributor harmless for any liability incurred by or claims
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asserted against Apple or such Contributor by reason of any such
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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 a
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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 License
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published by Apple. No one other than Apple has the right to modify the
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terms applicable to Covered Code created under this 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 Code
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may contain errors that could cause failures or loss of data, and may be
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incomplete or contain inaccuracies. You expressly acknowledge and agree
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that use of the Covered Code, or any portion thereof, is at Your sole
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and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT
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WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S
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LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF
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SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES
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AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
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THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
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SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
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OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND
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EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
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ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE
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COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
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COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
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COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
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GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR
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SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not
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intended for use in the operation of nuclear facilities, aircraft
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navigation, communication systems, or air traffic control machines in
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which case the failure of the Covered Code could lead to death, personal
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injury, or severe 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 TO
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THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY
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PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT
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(INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
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OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
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AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
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JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
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event shall Apple's total liability to You for all damages (other than
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as may be required by applicable law) under this License exceed the
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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 or
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as part of the name of products derived from the Original Code or to
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endorse or promote products derived from the Original Code other than as
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expressly permitted by and in strict compliance at all times with
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Apple's third party trademark usage guidelines which are posted at
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http://www.apple.com/legal/guidelinesfor3rdparties.html.
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11. Ownership. Subject to the licenses granted under this License, each
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Contributor retains all rights, title and interest in and to any
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Modifications made by such Contributor. Apple retains all rights, title
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and interest in and to the Original Code and any Modifications made by
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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 Modifications
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under this License, or on different terms from those contained in this
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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 days
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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 an action for
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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 any
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termination of this License. Provisions which, by their nature, should
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remain in effect beyond the termination of this License shall survive,
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including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13.
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No party will be liable to any other for compensation, indemnity or
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damages of any sort solely as a result of terminating this License in
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accordance with its terms, and termination of this License will be
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without prejudice to any other right or remedy of 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 in
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technical data and software is provided in accordance with FAR 12.211
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(Technical Data) and 12.212 (Computer Software) and, for Department of
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Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial
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Items) and 227.7202-3 (Rights in Commercial Computer Software or
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Computer Software Documentation). Accordingly, all U.S. Government End
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Users acquire Covered Code with only those rights set 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 it,
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market and/or distribute technology or products that perform the same or
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similar functions as, or otherwise compete with, Modifications, Larger
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Works, technology or products that You may develop, produce, market or
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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 regulation
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which provides that the language of a contract shall be construed
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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, to
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be unenforceable, that provision of the License will be enforced to the
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maximum extent permissible so as to effect the economic benefits and
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intent of the parties, and the remainder of this License will continue
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in full force and effect. (b) Notwithstanding the foregoing, if
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applicable law prohibits or restricts You from fully and/or specifically
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complying with Sections 2 and/or 3 or prevents the enforceability of
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either of those Sections, this License will immediately terminate and
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You must immediately discontinue any use of the Covered Code and destroy
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all copies of it that are in your 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 the
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personal jurisdiction of, and venue in, the state and federal courts
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within that District with respect to this License. The application of
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the United Nations Convention on Contracts for the International Sale of
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Goods isce of Quebec, Canada, the following clause applies: The parties
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hereby confirm that they have requested that this License and all
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related documents be drafted in English. Les parties ont exigé que le
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présent contrat et tous les documents connexes soient rédigés en
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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, FITNESS
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FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please
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see the License for the specific language governing rights and
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limitations under the License."
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Please read the terms of this license carefully. By clicking on the
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"Yes, I Accept" button below you are accepting and agreeing to the terms
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of this license with Apple Computer, Inc. If you are agreeing to this
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license on behalf of a company, you represent that you are authorized to
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bind the company to such a license. If you do not meet this criterion or
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you do not agree to any of the terms of this license, please click on
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the "No, I Reject" button below or use your browser's Back button to
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exit this page.
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