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."