Please read this License
carefully before downloading this software. By downloading and 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") publicly announces as subject to this Apple Public
Source License 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 1.0 (or
subsequent version thereof), as it may be revised from time to time by
Apple ("License"). As used in this License:
1.1 "Applicable Patents" mean: (a)
in the case where Apple is the grantor of rights, (i) patents or patent
applications that are now or hereafter acquired, owned by or assigned to
Apple and (ii) whose claims 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) patents and patent applications
that are now or hereafter acquired, owned by or assigned to You and (ii)
whose claims cover subject matter in Your Modifications, taken alone or
in combination with Original Code.
1.2 "Covered Code" means the Original Code,
Modifications, the combination of Original Code and any Modifications,
and/or any respective portions thereof.
1.3 "Deploy" means to use,
sublicense or distribute Covered Code other than for Your internal
research and development (R&D), and includes without limitation, any
and all internal use or distribution of Covered Code within Your
business or organization except for R&D use, as well as direct or
indirect sublicensing or distribution of Covered Code by You to any
third party in any form or manner.
1.4 "Larger Work" means a work which combines Covered
Code or portions thereof with code not governed by the terms of this
License.
1.5 "Modifications" mean any addition to,
deletion from, and/or change to, the substance and/or structure of
Covered Code. 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.
1.6 "Original Code" means 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.
1.7 "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).
1.8 "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 Patents
and copyrights covering the Original Code, to do the following:
2.1 You may use, copy, modify and distribute
Original Code, with or without Modifications, solely for Your internal
research and development, provided that You must in each instance:
(a) 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;
(b) include a copy of this License with every copy of Source Code
of Covered Code and documentation You distribute, 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; and
(c) completely and accurately document all
Modifications that you have made and the date of each such Modification,
designate the version of the Original Code you used, prominently include
a file carrying such information with the Modifications, and duplicate
the notice in Exhibit A in each file of the Source Code of all such
Modifications.
2.2 You may Deploy Covered Code, provided that You must in each
instance:
(a) satisfy all the conditions of
Section 2.1 with respect to the Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in
Source Code form via electronic distribution (e.g. download from a web
site) under the terms of this License and subject to the license grants
set forth in Section 3 below, and any additional terms You may choose to
offer under Section 6. You must continue to make the Source Code of Your
Deployed Modifications available for as long as you Deploy the Covered
Code or twelve (12) months from the date of initial Deployment,
whichever is longer;
(c) must notify Apple and other third parties of how to obtain
Your Deployed Modifications by filling out and submitting the required
information found at https://www.apple.com/publicsource/modifications.html;
and
(e) if you Deploy Covered Code in object code, executable form
only, include a prominent notice, in the code itself as well as in
related documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.
3. Your Grants. In
consideration of, and as a condition to, the licenses granted to You
under this License:
(a) You hereby grant to Apple and all third
parties a non-exclusive, royalty-free license, under Your Applicable
Patents and other intellectual property rights owned or controlled by
You, to use, reproduce, modify, distribute and Deploy Your Modifications
of the same scope and extent as Apple's licenses under Sections 2.1
and 2.2; and
(b) You hereby grant to Apple and its subsidiaries
a non-exclusive, worldwide, royalty-free, perpetual and irrevocable
license, under Your Applicable Patents and other intellectual property
rights owned or controlled by You, to use, reproduce, execute, compile,
display, perform, modify or have modified (for Apple and/or its
subsidiaries), sublicense and distribute Your Modifications, in any
form, through multiple tiers of distribution.
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 licenses from Apple which Apple may grant in its sole
discretion.
6. Additional Terms. You may choose
to offer, and to charge a fee for, warranty, support, indemnity or
liability obligations and/or other rights consistent with the scope of
the license granted herein ("Additional Terms") 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. 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 harmless for any liability incurred by or claims
asserted against Apple 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
Original Code may contain in whole or in part pre-release, untested, or
not fully tested works. The Original 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
Original Code, or any portion thereof, is at Your sole and entire risk.
The Original Code is provided "AS IS" and without warranty,
upgrades or support of any kind and Apple and Apple's licensor(s) (for
the purposes of Sections 8 and 9, Apple and Apple's licensor(s) are
collectively referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. You acknowledge that the Original 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 Original Code could lead to death,
personal injury, or severe physical or environmental damage.
9. Liability.
9.1 Infringement. If any of the Original Code becomes the
subject of a claim of infringement ("Affected Original Code"),
Apple may, at its sole discretion and option: (a) attempt to procure the
rights necessary for You to continue using the Affected Original Code;
(b) modify the Affected Original Code so that it is no longer
infringing; or (c) terminate Your rights to use the Affected Original
Code, effective immediately upon Apple's posting of a notice to
such effect on the Apple web site that is used for implementation of
this License.
9.2 LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES SHALL APPLE 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 ORIGINAL CODE, OR ANY
PORTION THEREOF, whether under a theory of contract, warranty, tort
(including negligence), products liability or otherwise, even if APPLE
has been advised of the possibility of such damages AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall
Apple's total liability to You for all damages 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 OS X", "Mac OS X Server" or any
other trademarks or trade names belonging to Apple (collectively
"Apple Marks") and no Apple Marks may be used to endorse or
promote products derived from the Original Code other than as permitted
by and in strict compliance at all times with Apple's third party
trademark usage guidelines which are posted at https://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. 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. Apple's development, use,
reproduction, modification, sublicensing and distribution of Covered
Code will not be subject to this License.
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 Sections 9.1 and/or 13.6(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.
12.2 Effect of Termination.
Upon termination, You agree to immediately stop any further use,
reproduction, modification and distribution of the Covered Code, or
Affected Original Code in the case of termination under Section 9.1, and
to destroy all copies of the Covered Code or Affected Original Code (in
the case of termination under Section 9.1) that are in your possession
or control. 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. Neither party will
be liable to the 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 either party.
13. Miscellaneous.
13.1 Export Law Assurances. You may not use or otherwise
export or re-export the Original Code except as authorized by United
States law and the laws of the jurisdiction in which the Original Code
was obtained. In particular, but without limitation, the Original Code
may not be exported or re-exported (a) into (or to a national or
resident of) any U.S. embargoed country or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce's Table of Denial Orders. By using the Original
Code, You represent and warrant that You are not located in, under
control of, or a national or resident of any such country or on any such
list.
13.2 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.
13.3 Relationship of Parties. This License will not be
construed as creating an agency, partnership, joint venture or any other
form of legal association between You and Apple, and You will not
represent to the contrary, whether expressly, by implication, appearance
or otherwise.
13.4 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.
13.5 Waiver; Construction. Failure by
Apple 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.
13.6 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.
13.7 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 is expressly excluded.
13.8 Entire Agreement; Governing Law. This License
constitutes the entire agreement between the parties with respect to the
subject matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law.
Where You are located in the province 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 © 1999 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 1.0 (the 'License'). You may not use this file
except in compliance with the License. Please obtain a copy of the
License at https://www.apple.com/publicsource
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 OR
NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."
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