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@@ -1,18 +1,17 @@
APPLE PUBLIC SOURCE LICENSE
Version 1.1 - April 19,1999
Version 1.1 - April 19, 1999 Please read this License carefully before downloading
this software.
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
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
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 1.1 (or subsequent version
thereof), as it may be revised from time to time by Apple ("License"). As
thereof), as it may be revised from time to time by Apple ("License"). As
used in this License:
1.1 "Affected Original Code" means only those specific portions of Original
@@ -41,11 +40,11 @@ or distribution of Covered Code by You to any third party in any form or manner.
with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
the substance and/or structure of 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.
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.
1.7 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Apple under this License, including the Source
@@ -60,14 +59,14 @@ contains, plus any associated interface definition files, scripts used to
control compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
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
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
of this License, Apple hereby grants You, effective on the date You accept
this License and download the Original Code, a world-wide, royalty-free, non-
exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights
@@ -93,7 +92,7 @@ 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:
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;
@@ -116,8 +115,8 @@ 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:
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 Patent Rights and other intellectual property
@@ -132,17 +131,17 @@ 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
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
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.
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,
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
@@ -152,39 +151,40 @@ 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.
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
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
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
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
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
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. Liability.
9.1 Infringement. If any portion of, or functionality implemented by, the
9.1 Infringement. If any portion of, or functionality implemented by, the
Original Code becomes the subject of a claim of infringement, Apple may, at
its option: (a) attempt to procure the rights necessary for Apple and You
to continue using the Affected Original Code; (b) modify the Affected Original
@@ -192,30 +192,30 @@ Code so that it is no longer infringing; or (c) suspend Your rights to use,
reproduce, modify, sublicense and distribute the Affected Original Code until
a final determination of the claim is made by a court or governmental administrative
agency of competent jurisdiction and Apple lifts the suspension as set forth
below. Such suspension of rights will be effective immediately upon Apple's
below. Such suspension of rights will be 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. Upon such final determination being made,
implementation of this License. Upon such final determination being made,
if Apple is legally able, without the payment of a fee or royalty, to resume
use, reproduction, modification, sublicensing and distribution of the Affected
Original Code, Apple will lift the suspension of rights to the Affected Original
Code by posting a notice to such effect on the Apple web site that is used
for implementation of this License. If Apple suspends Your rights to Affected
for implementation of this License. If Apple suspends Your rights to Affected
Original Code, nothing in this License shall be construed to restrict You,
at Your option and subject to applicable law, from replacing the Affected
Original Code with non-infringing code or independently negotiating for necessary
rights from such third party.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
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
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
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
@@ -223,18 +223,18 @@ 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 http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to the
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
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,
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. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
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
@@ -246,50 +246,49 @@ 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
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification, sublicensing and distribution
of the Covered Code and to destroy all copies of the Covered Code 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
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. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined
in FAR 2.101. Government software and technical data rights in the Covered
13.1 Government End Users. The Covered Code is a "commercial item" as defined
in FAR 2.101. Government software and technical data rights in the Covered
Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End
or Computer Software Documentation). Accordingly, all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating
13.2 Relationship of Parties. This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between You and Apple, and You will not represent to the contrary, whether
expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's
13.3 Independent Development. Nothing in this License will impair Apple's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger Works, technology or
products that You may
develop, produce, market or distribute.
develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple to enforce any provision of this
13.4 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
provision. Any law or regulation which provides that the language of a contract
shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction
13.5 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of the parties, and the remainder
@@ -300,34 +299,36 @@ of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between
13.6 Dispute Resolution. Any litigation or other dispute resolution between
You and Apple relating to this License shall take place in the Northern District
of California, and You and Apple hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that District with respect
to this License. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
13.7 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.
13.7 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 exige que
le present contrat et tous les documents connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved.
"Portions Copyright (c) 1999-2000 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
1.1 (the "License"). You may not use this file except in compliance with the
License. Please obtain a copy of the License at http://www.apple.com/publicsource
1.1 (the "License"). You may not use this file except in compliance with
the License. Please obtain a copy of the License at http://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."
INFRINGEMENT. Please see the License for the specific language governing
rights and limitations under the License."