1: APPLE PUBLIC SOURCE LICENSE 2: Version 1.1 - April 19,1999 3: 4: Please read this License carefully before downloading this software. 5: By downloading and using this software, you are agreeing to be bound 6: by the terms of this License. If you do not or cannot agree to the 7: terms of this License, please do not download or use the software. 8: 9: 1. General; Definitions. This License applies to any program or other 10: work which Apple Computer, Inc. ("Apple") publicly announces as 11: subject to this Apple Public Source License and which contains a 12: notice placed by Apple identifying such program or work as "Original 13: Code" and stating that it is subject to the terms of this Apple Public 14: Source License version 1.1 (or subsequent version thereof), as it may 15: be revised from time to time by Apple ("License"). As used in this 16: License: 17: 18: 1.1 "Affected Original Code" means only those specific portions of 19: Original Code that allegedly infringe upon any party's intellectual 20: property rights or are otherwise the subject of a claim of 21: infringement. 22: 23: 1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is 24: the grantor of rights, (i) claims of patents that are now or hereafter 25: acquired, owned by or assigned to Apple and (ii) that cover subject 26: matter contained in the Original Code, but only to the extent 27: necessary to use, reproduce and/or distribute the Original Code 28: without infringement; and (b) in the case where You are the grantor of 29: rights, (i) claims of patents that are now or hereafter acquired, 30: owned by or assigned to You and (ii) that cover subject matter in Your 31: Modifications, taken alone or in combination with Original Code. 32: 33: 1.3 "Covered Code" means the Original Code, Modifications, the 34: combination of Original Code and any Modifications, and/or any 35: respective portions thereof. 36: 37: 1.4 "Deploy" means to use, sublicense or distribute Covered Code other 38: than for Your internal research and development (R&D), and includes 39: without limitation, any and all internal use or distribution of 40: Covered Code within Your business or organization except for R&D use, 41: as well as direct or indirect sublicensing or distribution of Covered 42: Code by You to any third party in any form or manner. 43: 44: 1.5 "Larger Work" means a work which combines Covered Code or portions 45: thereof with code not governed by the terms of this License. 46: 47: 1.6 "Modifications" mean any addition to, deletion from, and/or change 48: to, the substance and/or structure of Covered Code. When code is 49: released as a series of files, a Modification is: (a) any addition to 50: or deletion from the contents of a file containing Covered Code; 51: and/or (b) any new file or other representation of computer program 52: statements that contains any part of Covered Code. 53: 54: 1.7 "Original Code" means (a) the Source Code of a program or other 55: work as originally made available by Apple under this License, 56: including the Source Code of any updates or upgrades to such programs 57: or works made available by Apple under this License, and that has been 58: expressly identified by Apple as such in the header file(s) of such 59: work; and (b) the object code compiled from such Source Code and 60: originally made available by Apple under this License. 61: 62: 1.8 "Source Code" means the human readable form of a program or other 63: work that is suitable for making modifications to it, including all 64: modules it contains, plus any associated interface definition files, 65: scripts used to control compilation and installation of an executable 66: (object code). 67: 68: 1.9 "You" or "Your" means an individual or a legal entity exercising 69: rights under this License. For legal entities, "You" or "Your" 70: includes any entity which controls, is controlled by, or is under 71: common control with, You, where "control" means (a) the power, direct 72: or indirect, to cause the direction or management of such entity, 73: whether by contract or otherwise, or (b) ownership of fifty percent 74: (50%) or more of the outstanding shares or beneficial ownership of 75: such entity. 76: 77: 2. Permitted Uses; Conditions & Restrictions. Subject to the terms 78: and conditions of this License, Apple hereby grants You, effective on 79: the date You accept this License and download the Original Code, a 80: world-wide, royalty-free, non- exclusive license, to the extent of 81: Apple's Applicable Patent Rights and copyrights covering the Original 82: Code, to do the following: 83: 84: 2.1 You may use, copy, modify and distribute Original Code, with or 85: without Modifications, solely for Your internal research and 86: development, provided that You must in each instance: 87: 88: (a) retain and reproduce in all copies of Original Code the copyright 89: and other proprietary notices and disclaimers of Apple as they appear 90: in the Original Code, and keep intact all notices in the Original Code 91: that refer to this License; 92: 93: (b) include a copy of this License with every copy of Source Code of 94: Covered Code and documentation You distribute, and You may not offer 95: or impose any terms on such Source Code that alter or restrict this 96: License or the recipients' rights hereunder, except as permitted under 97: Section 6; and 98: 99: (c) completely and accurately document all Modifications that you have 100: made and the date of each such Modification, designate the version of 101: the Original Code you used, prominently include a file carrying such 102: information with the Modifications, and duplicate the notice in 103: Exhibit A in each file of the Source Code of all such Modifications. 104: 105: 2.2 You may Deploy Covered Code, provided that You must in each 106: instance: 107: 108: (a) satisfy all the conditions of Section 2.1 with respect to the 109: Source Code of the Covered Code; 110: 111: (b) make all Your Deployed Modifications publicly available in Source 112: Code form via electronic distribution (e.g. download from a web site) 113: under the terms of this License and subject to the license grants set 114: forth in Section 3 below, and any additional terms You may choose to 115: offer under Section 6. You must continue to make the Source Code of 116: Your Deployed Modifications available for as long as you Deploy the 117: Covered Code or twelve (12) months from the date of initial 118: Deployment, whichever is longer; 119: 120: (c) if You Deploy Covered Code containing Modifications made by You, 121: inform others of how to obtain those Modifications by filling out and 122: submitting the information found at 123: http://www.apple.com/publicsource/modifications.html, if available; 124: and 125: 126: (d) if You Deploy Covered Code in object code, executable form only, 127: include a prominent notice, in the code itself as well as in related 128: documentation, stating that Source Code of the Covered Code is 129: available under the terms of this License with information on how and 130: where to obtain such Source Code. 131: 132: 3. Your Grants. In consideration of, and as a condition to, the 133: licenses granted to You under this License: 134: 135: (a) You hereby grant to Apple and all third parties a non-exclusive, 136: royalty-free license, under Your Applicable Patent Rights and other 137: intellectual property rights owned or controlled by You, to use, 138: reproduce, modify, distribute and Deploy Your Modifications of the 139: same scope and extent as Apple's licenses under Sections 2.1 and 2.2; 140: and 141: 142: (b) You hereby grant to Apple and its subsidiaries a non-exclusive, 143: worldwide, royalty-free, perpetual and irrevocable license, under Your 144: Applicable Patent Rights and other intellectual property rights owned 145: or controlled by You, to use, reproduce, execute, compile, display, 146: perform, modify or have modified (for Apple and/or its subsidiaries), 147: sublicense and distribute Your Modifications, in any form, through 148: multiple tiers of distribution. 149: 150: 4. Larger Works. You may create a Larger Work by combining Covered 151: Code with other code not governed by the terms of this License and 152: distribute the Larger Work as a single product. In each such 153: instance, You must make sure the requirements of this License are 154: fulfilled for the Covered Code or any portion thereof. 155: 156: 5. Limitations on Patent License. Except as expressly stated in 157: Section 2, no other patent rights, express or implied, are granted by 158: Apple herein. Modifications and/or Larger Works may require 159: additional patent licenses from Apple which Apple may grant in its 160: sole discretion. 161: 162: 6. Additional Terms. You may choose to offer, and to charge a fee 163: for, warranty, support, indemnity or liability obligations and/or 164: other rights consistent with the scope of the license granted herein 165: ("Additional Terms") to one or more recipients of Covered 166: Code. However, You may do so only on Your own behalf and as Your sole 167: responsibility, and not on behalf of Apple. You must obtain the 168: recipient's agreement that any such Additional Terms are offered by 169: You alone, and You hereby agree to indemnify, defend and hold Apple 170: harmless for any liability incurred by or claims asserted against 171: Apple by reason of any such Additional Terms. 172: 173: 7. Versions of the License. Apple may publish revised and/or new 174: versions of this License from time to time. Each version will be 175: given a distinguishing version number. Once Original Code has been 176: published under a particular version of this License, You may continue 177: to use it under the terms of that version. You may also choose to use 178: such Original Code under the terms of any subsequent version of this 179: License published by Apple. No one other than Apple has the right to 180: modify the terms applicable to Covered Code created under this 181: License. 182: 183: 8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or 184: in part pre-release, untested, or not fully tested works. The 185: Original Code may contain errors that could cause failures or loss of 186: data, and may be incomplete or contain inaccuracies. You expressly 187: acknowledge and agree that use of the Original Code, or any portion 188: thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS 189: PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND 190: AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 191: 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS 192: "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS 193: OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES 194: AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND 195: FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY 196: RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 197: ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF 198: THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT 199: DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN 200: INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED 201: REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE 202: SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not 203: intended for use in the operation of nuclear facilities, aircraft 204: navigation, communication systems, or air traffic control machines in 205: which case the failure of the Original Code could lead to death, 206: personal injury, or severe physical or environmental damage. 207: 208: 9. Liability. 209: 210: 9.1 Infringement. If any portion of, or functionality implemented by, 211: the Original Code becomes the subject of a claim of infringement, 212: Apple may, at its option: (a) attempt to procure the rights necessary 213: for Apple and You to continue using the Affected Original Code; (b) 214: modify the Affected Original Code so that it is no longer infringing; 215: or (c) suspend Your rights to use, reproduce, modify, sublicense and 216: distribute the Affected Original Code until a final determination of 217: the claim is made by a court or governmental administrative agency of 218: competent jurisdiction and Apple lifts the suspension as set forth 219: below. Such suspension of rights will be effective immediately upon 220: Apple's posting of a notice to such effect on the Apple web site that 221: is used for implementation of this License. Upon such final 222: determination being made, if Apple is legally able, without the 223: payment of a fee or royalty, to resume use, reproduction, 224: modification, sublicensing and distribution of the Affected Original 225: Code, Apple will lift the suspension of rights to the Affected 226: Original Code by posting a notice to such effect on the Apple web site 227: that is used for implementation of this License. If Apple suspends 228: Your rights to Affected Original Code, nothing in this License shall 229: be construed to restrict You, at Your option and subject to applicable 230: law, from replacing the Affected Original Code with non-infringing 231: code or independently negotiating for necessary rights from such third 232: party. 233: 234: 9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE 235: LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES 236: ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO 237: USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY 238: OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY 239: OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF 240: SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF 241: ANY REMEDY. In no event shall Apple's total liability to You for all 242: damages under this License exceed the amount of fifty dollars 243: ($50.00). 244: 245: 10. Trademarks. This License does not grant any rights to use the 246: trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac 247: OS X Server" or any other trademarks or trade names belonging to Apple 248: (collectively "Apple Marks") and no Apple Marks may be used to endorse 249: or promote products derived from the Original Code other than as 250: permitted by and in strict compliance at all times with Apple's third 251: party trademark usage guidelines which are posted at 252: http://www.apple.com/legal/guidelinesfor3rdparties.html. 253: 254: 11. Ownership. Apple retains all rights, title and interest in and to 255: the Original Code and any Modifications made by or on behalf of Apple 256: ("Apple Modifications"), and such Apple Modifications will not be 257: automatically subject to this License. Apple may, at its sole 258: discretion, choose to license such Apple Modifications under this 259: License, or on different terms from those contained in this License or 260: may choose not to license them at all. Apple's development, use, 261: reproduction, modification, sublicensing and distribution of Covered 262: Code will not be subject to this License. 263: 264: 12. Termination. 265: 266: 12.1 Termination. This License and the rights granted hereunder will 267: terminate: 268: 269: (a) automatically without notice from Apple if You fail to comply with 270: any term(s) of this License and fail to cure such breach within 30 271: days of becoming aware of such breach; (b) immediately in the event of 272: the circumstances described in Section 13.5(b); or (c) automatically 273: without notice from Apple if You, at any time during the term of this 274: License, commence an action for patent infringement against Apple. 275: 276: 12.2 Effect of Termination. Upon termination, You agree to 277: immediately stop any further use, reproduction, modification, 278: sublicensing and distribution of the Covered Code and to destroy all 279: copies of the Covered Code that are in your possession or control. 280: All sublicenses to the Covered Code which have been properly granted 281: prior to termination shall survive any termination of this License. 282: Provisions which, by their nature, should remain in effect beyond the 283: termination of this License shall survive, including but not limited 284: to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be 285: liable to the other for compensation, indemnity or damages of any sort 286: solely as a result of terminating this License in accordance with its 287: terms, and termination of this License will be without prejudice to 288: any other right or remedy of either party. 289: 290: 13. Miscellaneous. 291: 292: 13.1 Government End Users. The Covered Code is a "commercial item" as 293: defined in FAR 2.101. Government software and technical data rights 294: in the Covered Code include only those rights customarily provided to 295: the public as defined in this License. This customary commercial 296: license in technical data and software is provided in accordance with 297: FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for 298: Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- 299: Commercial Items) and 227.7202-3 (Rights in Commercial Computer 300: Software or Computer Software Documentation). Accordingly, all U.S. 301: Government End Users acquire Covered Code with only those rights set 302: forth herein. 303: 304: 13.2 Relationship of Parties. This License will not be construed as 305: creating an agency, partnership, joint venture or any other form of 306: legal association between You and Apple, and You will not represent to 307: the contrary, whether expressly, by implication, appearance or 308: otherwise. 309: 310: 13.3 Independent Development. Nothing in this License will impair 311: Apple's right to acquire, license, develop, have others develop for 312: it, market and/or distribute technology or products that perform the 313: same or similar functions as, or otherwise compete with, 314: Modifications, Larger Works, technology or products that You may 315: develop, produce, market or distribute. 316: 317: 13.4 Waiver; Construction. Failure by Apple to enforce any provision 318: of this License will not be deemed a waiver of future enforcement of 319: that or any other provision. Any law or regulation which provides 320: that the language of a contract shall be construed against the drafter 321: will not apply to this License. 322: 323: 13.5 Severability. (a) If for any reason a court of competent 324: jurisdiction finds any provision of this License, or portion thereof, 325: to be unenforceable, that provision of the License will be enforced to 326: the maximum extent permissible so as to effect the economic benefits 327: and intent of the parties, and the remainder of this License will 328: continue in full force and effect. (b) Notwithstanding the foregoing, 329: if applicable law prohibits or restricts You from fully and/or 330: specifically complying with Sections 2 and/or 3 or prevents the 331: enforceability of either of those Sections, this License will 332: immediately terminate and You must immediately discontinue any use of 333: the Covered Code and destroy all copies of it that are in your 334: possession or control. 335: 336: 13.6 Dispute Resolution. Any litigation or other dispute resolution 337: between You and Apple relating to this License shall take place in the 338: Northern District of California, and You and Apple hereby consent to 339: the personal jurisdiction of, and venue in, the state and federal 340: courts within that District with respect to this License. The 341: application of the United Nations Convention on Contracts for the 342: International Sale of Goods is expressly excluded. 343: 344: 13.7 Entire Agreement; Governing Law. This License constitutes the 345: entire agreement between the parties with respect to the subject 346: matter hereof. This License shall be governed by the laws of the 347: United States and the State of California, except that body of 348: California law concerning conflicts of law. 349: 350: Where You are located in the province of Quebec, Canada, the following 351: clause applies: The parties hereby confirm that they have requested 352: that this License and all related documents be drafted in English. Les 353: parties ont exige que le present contrat et tous les documents 354: connexes soient rediges en anglais. 355: 356: EXHIBIT A. 357: 358: "Portions Copyright (c) 1999 Apple Computer, Inc. All Rights 359: Reserved. This file contains Original Code and/or Modifications of 360: Original Code as defined in and that are subject to the Apple Public 361: Source License Version 1.1 (the "License"). You may not use this file 362: except in compliance with the License. Please obtain a copy of the 363: License at http://www.apple.com/publicsource and read it before using 364: this file. 365: 366: The Original Code and all software distributed under the License are 367: distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER 368: EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 369: INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, 370: FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the 371: License for the specific language governing rights and limitations 372: under the License."