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@@ -1,33 +1,34 @@
APPLE PUBLIC SOURCE LICENSE
Version 2.0 - August 6, 2003
Version 2.0 - August 6, 2003 Please read this License carefully before downloading
this software. By downloading or 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.
Please read this License carefully before downloading this software. By downloading
or 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.
Apple Note: In January 2007, Apple changed its corporate name from "Apple
Computer, Inc." to "Apple Inc." This change has been reflected below and copyright
years updated, but no other changes have been made to the APSL 2.0.
Apple Note: In January 2007, Apple changed its corporate name from "Apple
Computer, Inc." to "Apple Inc." This change has been reflected below and
copyright years updated, but no other changes have been made to the APSL 2.0.
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 Inc. ("Apple") makes publicly available 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
2.0 ("License"). As used in this License:
2.0 ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
of rights, (i) claims of patents that are now or hereafter acquired, owned
by or assigned to Apple and (ii) that 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) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
taken alone or in combination with Original Code.
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the
grantor of rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to Apple and (ii) that 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) claims of patents that are now or hereafter
acquired, owned by or assigned to You and (ii) that cover subject matter in
Your Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to
the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination
1.3 "Covered Code" means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
@@ -42,10 +43,10 @@ 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 the Original Code, any previous Modifications,
the combination of Original Code and any previous Modifications, and/or any
respective portions thereof. 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.
respective portions thereof. 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
@@ -60,20 +61,20 @@ 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
covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally
2.1 Unmodified Code. You may use, reproduce, display, perform, internally
distribute within Your organization, and Externally Deploy verbatim, unmodified
copies of the Original Code, for commercial or non-commercial purposes, provided
that in each instance:
@@ -83,13 +84,13 @@ 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; and
(b) You must include a copy of this License with every copy of Source Code
(b) You must include a copy of this License with every copy of Source Code
of Covered Code and documentation You distribute or Externally Deploy, 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.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
perform, internally distribute within Your organization, and Externally Deploy
Your Modifications and Covered Code, for commercial or non-commercial purposes,
provided that in each instance You also meet all of these conditions:
@@ -112,14 +113,14 @@ or twelve (12) months from the date of initial External Deployment, whichever
is longer. You should preferably distribute the Source Code of Your Externally
Deployed Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
Covered Code (Original Code and/or Modifications) in object code, executable
form only, You must 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.
2.4 Third Party Rights. You expressly acknowledge and agree that although
2.4 Third Party Rights. You expressly acknowledge and agree that although
Apple and each Contributor grants the licenses to their respective portions
of the Covered Code set forth herein, no assurances are provided by Apple
or any Contributor that the Covered Code does not infringe the patent or other
@@ -132,26 +133,26 @@ if any. For example, if a third party patent license is required to allow
You to distribute the Covered Code, it is Your responsibility to acquire that
license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License, You hereby grant to any person or entity receiving
or distributing Covered Code under this License a non-exclusive, royalty-free,
perpetual, irrevocable license, under Your Applicable Patent Rights and other
intellectual property rights (other than patent) owned or controlled by You,
to use, reproduce, display, perform, modify, sublicense, distribute and Externally
Deploy Your Modifications of the same scope and extent as Apple's licenses
under Sections 2.1 and 2.2 above.
3. Your Grants. In consideration of, and as a condition to, the licenses
granted to You under this License, You hereby grant to any person or entity
receiving or distributing Covered Code under this License a non-exclusive,
royalty-free, perpetual, irrevocable license, under Your Applicable Patent
Rights and other intellectual property rights (other than patent) owned or
controlled by You, to use, reproduce, display, perform, modify, sublicense,
distribute and Externally Deploy Your Modifications of the same scope and
extent as Apple's licenses under Sections 2.1 and 2.2 above.
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
@@ -161,36 +162,37 @@ offered by You alone, and You hereby agree to indemnify, defend and hold Apple
and every Contributor harmless for any liability incurred by or claims asserted
against Apple or such Contributor 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 Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may contain
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered 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
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
contain inaccuracies. You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
"APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE
OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
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 Covered Code could lead to death, personal injury,
or severe physical or environmental damage.
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND
EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED
REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
that the Covered 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 Covered Code could lead to death,
personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
@@ -205,11 +207,11 @@ YOU. In no event shall Apple's total liability to You for all damages (other
than as may be required by applicable law) 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", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
10. Trademarks. This License does not grant any rights to use the trademarks
or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
Server" or any other trademarks, service marks, logos or trade names belonging
to Apple (collectively "Apple Marks") or to any trademark, service mark, logo
or trade name belonging to any Contributor. You agree not to use any Apple
or trade name belonging to any Contributor. You agree not to use any Apple
Marks in or as part of the name of products derived from the Original Code
or to endorse or promote products derived from the Original Code other than
as expressly permitted by and in strict compliance at all times with Apple's
@@ -217,16 +219,16 @@ third party trademark usage guidelines which are posted at http://www.apple.com/
11. Ownership. Subject to the licenses granted under this License, each Contributor
retains all rights, title and interest in and to any Modifications made by
such Contributor. Apple retains all rights, title and interest in and to the
Original Code and any Modifications made by or on behalf of Apple ("Apple
such Contributor. 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.
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
@@ -240,86 +242,89 @@ term of this License, commence an action for patent infringement against Apple;
provided that Apple did not first commence an action for patent infringement
against You in that instance.
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. 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. No party will be liable to any 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 any party.
of the Covered Code. 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. No party will be liable to any
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
any 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 or among You, Apple or any Contributor, 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.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
13.4 Waiver; Construction. Failure by Apple or any Contributor 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
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.
13.5 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
of this License will continue in full force and effect. (b) Notwithstanding
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.
13.6 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 exigé que
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 (c) 1999-2007 Apple Inc. All Rights Reserved.
"Portions Copyright (c) 1999-2007 Apple 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
2.0 (the 'License'). You may not use this file except in compliance with the
License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/
2.0 (the 'License'). You may not use this file except in compliance with
the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/
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, QUIET
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."