1APPLE PUBLIC SOURCE LICENSE 2Version 1.2 January 4, 2001 3 41. General; Definitions. This License applies to any program or other work 5which Apple Computer, Inc. ("Apple") makes publicly available and which 6contains a notice placed by Apple identifying such program or work as "Original 7Code" and stating that it is subject to the terms of this Apple Public Source 8License version 1.2 (or subsequent version thereof) ("License"). As used in 9this License: 10 111.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the 12grantor of rights, (i) claims of patents that are now or hereafter acquired, 13owned by or assigned to Apple and (ii) that cover subject matter contained in 14the Original Code, but only to the extent necessary to use, reproduce and/or 15distribute the Original Code without infringement; and (b) in the case where 16You are the grantor of rights, (i) claims of patents that are now or hereafter 17acquired, owned by or assigned to You and (ii) that cover subject matter in 18Your Modifications, taken alone or in combination with Original Code. 19 201.2 "Contributor" means any person or entity that creates or contributes to 21the creation of Modifications. 22 231.3 "Covered Code" means the Original Code, Modifications, the combination of 24Original Code and any Modifications, and/or any respective portions thereof. 25 261.4 "Deploy" means to use, sublicense or distribute Covered Code other than 27for Your internal research and development (R&D) and/or Personal Use, and 28includes without limitation, any and all internal use or distribution of 29Covered Code within Your business or organization except for R&D use and/or 30Personal Use, as well as direct or indirect sublicensing or distribution of 31Covered Code by You to any third party in any form or manner. 32 331.5 "Larger Work" means a work which combines Covered Code or portions thereof 34with code not governed by the terms of this License. 35 361.6 "Modifications" mean any addition to, deletion from, and/or change to, the 37substance and/or structure of the Original Code, any previous Modifications, 38the combination of Original Code and any previous Modifications, and/or any 39respective portions thereof. When code is released as a series of files, a 40Modification is: (a) any addition to or deletion from the contents of a file 41containing Covered Code; and/or (b) any new file or other representation of 42computer program statements that contains any part of Covered Code. 43 441.7 "Original Code" means (a) the Source Code of a program or other work as 45originally made available by Apple under this License, including the Source 46Code of any updates or upgrades to such programs or works made available by 47Apple under this License, and that has been expressly identified by Apple as 48such in the header file(s) of such work; and (b) the object code compiled from 49such Source Code and originally made available by Apple under this License. 50 511.8 "Personal Use" means use of Covered Code by an individual solely for his 52or her personal, private and non-commercial purposes. An individual's use of 53Covered Code in his or her capacity as an officer, employee, member, 54independent contractor or agent of a corporation, business or organization 55(commercial or non-commercial) does not qualify as Personal Use. 56 571.9 "Source Code" means the human readable form of a program or other work 58that is suitable for making modifications to it, including all modules it 59contains, plus any associated interface definition files, scripts used to 60control compilation and installation of an executable (object code). 61 621.10 "You" or "Your" means an individual or a legal entity exercising rights 63under this License. For legal entities, "You" or "Your" includes any entity 64which controls, is controlled by, or is under common control with, You, where 65"control" means (a) the power, direct or indirect, to cause the direction or 66management of such entity, whether by contract or otherwise, or (b) ownership 67of fifty percent (50%) or more of the outstanding shares or beneficial 68ownership of such entity. 69 702. Permitted Uses; Conditions & Restrictions. Subject to the terms and 71conditions of this License, Apple hereby grants You, effective on the date You 72accept this License and download the Original Code, a world-wide, royalty-free, 73non-exclusive license, to the extent of Apple's Applicable Patent Rights and 74copyrights covering the Original Code, to do the following: 75 762.1 You may use, reproduce, display, perform, modify and distribute Original 77Code, with or without Modifications, solely for Your internal research and 78development and/or Personal Use, provided that in each instance: 79 80 (a) You must retain and reproduce in all copies of Original Code the 81copyright and other proprietary notices and disclaimers of Apple as they appear 82in the Original Code, and keep intact all notices in the Original Code that 83refer to this License; and 84 85 (b) You must include a copy of this License with every copy of Source 86Code of Covered Code and documentation You distribute, and You may not offer or 87impose any terms on such Source Code that alter or restrict this License or the 88recipients' rights hereunder, except as permitted under Section 6. 89 902.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, 91provided that in each instance: 92 93 (a) You must satisfy all the conditions of Section 2.1 with respect to 94the Source Code of the Covered Code; 95 96 (b) You must duplicate, to the extent it does not already exist, the 97notice in Exhibit A in each file of the Source Code of all Your Modifications, 98and cause the modified files to carry prominent notices stating that You 99changed the files and the date of any change; 100 101 (c) You must make Source Code of all Your Deployed Modifications 102publicly available under the terms of this License, including the license 103grants set forth in Section 3 below, for as long as you Deploy the Covered Code 104or twelve (12) months from the date of initial Deployment, whichever is longer. 105You should preferably distribute the Source Code of Your Deployed Modifications 106electronically (e.g. download from a web site); and 107 108 (d) if You Deploy Covered Code in object code, executable form only, 109You must include a prominent notice, in the code itself as well as in related 110documentation, stating that Source Code of the Covered Code is available under 111the terms of this License with information on how and where to obtain such 112Source Code. 113 1142.3 You expressly acknowledge and agree that although Apple and each 115Contributor grants the licenses to their respective portions of the Covered 116Code set forth herein, no assurances are provided by Apple or any Contributor 117that the Covered Code does not infringe the patent or other intellectual 118property rights of any other entity. Apple and each Contributor disclaim any 119liability to You for claims brought by any other entity based on infringement 120of intellectual property rights or otherwise. As a condition to exercising the 121rights and licenses granted hereunder, You hereby assume sole responsibility to 122secure any other intellectual property rights needed, if any. For example, if a 123third party patent license is required to allow You to distribute the Covered 124Code, it is Your responsibility to acquire that license before distributing the 125Covered Code. 126 1273. Your Grants. In consideration of, and as a condition to, the licenses 128granted to You under this License: 129 130 (a) You hereby grant to Apple and all third parties a non-exclusive, 131royalty-free license, under Your Applicable Patent Rights and other 132intellectual property rights (other than patent) owned or controlled by You, to 133use, reproduce, display, perform, modify, distribute and Deploy Your 134Modifications of the same scope and extent as Apple's licenses under Sections 1352.1 and 2.2; and 136 137 (b) You hereby grant to Apple and its subsidiaries a non-exclusive, 138worldwide, royalty-free, perpetual and irrevocable license, under Your 139Applicable Patent Rights and other intellectual property rights (other than 140patent) owned or controlled by You, to use, reproduce, display, perform, modify 141or have modified (for Apple and/or its subsidiaries), sublicense and distribute 142Your Modifications, in any form, through multiple tiers of distribution. 143 1444. Larger Works. You may create a Larger Work by combining Covered Code with 145other code not governed by the terms of this License and distribute the Larger 146Work as a single product. In each such instance, You must make sure the 147requirements of this License are fulfilled for the Covered Code or any portion 148thereof. 149 1505. Limitations on Patent License. Except as expressly stated in Section 2, no 151other patent rights, express or implied, are granted by Apple herein. 152Modifications and/or Larger Works may require additional patent licenses from 153Apple which Apple may grant in its sole discretion. 154 1556. Additional Terms. You may choose to offer, and to charge a fee for, 156warranty, support, indemnity or liability obligations and/or other rights 157consistent with the scope of the license granted herein ("Additional Terms") to 158one or more recipients of Covered Code. However, You may do so only on Your own 159behalf and as Your sole responsibility, and not on behalf of Apple or any 160Contributor. You must obtain the recipient's agreement that any such Additional 161Terms are offered by You alone, and You hereby agree to indemnify, defend and 162hold Apple and every Contributor harmless for any liability incurred by or 163claims asserted against Apple or such Contributor by reason of any such 164Additional Terms. 165 1667. Versions of the License. Apple may publish revised and/or new versions of 167this License from time to time. Each version will be given a distinguishing 168version number. Once Original Code has been published under a particular 169version of this License, You may continue to use it under the terms of that 170version. You may also choose to use such Original Code under the terms of any 171subsequent version of this License published by Apple. No one other than Apple 172has the right to modify the terms applicable to Covered Code created under this 173License. 174 1758. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part 176pre-release, untested, or not fully tested works. The Covered Code may contain 177errors that could cause failures or loss of data, and may be incomplete or 178contain inaccuracies. You expressly acknowledge and agree that use of the 179Covered Code, or any portion thereof, is at Your sole and entire risk. THE 180COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF 181ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" 182FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM 183ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT 184LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF 185SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF 186QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH 187CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE 188COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR 189REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR 190ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR 191WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED 192REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that 193the Covered Code is not intended for use in the operation of nuclear 194facilities, aircraft navigation, communication systems, or air traffic control 195machines in which case the failure of the Covered Code could lead to death, 196personal injury, or severe physical or environmental damage. 197 1989. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT 199SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT 200OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE 201OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A 202THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY 203OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE 204POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL 205PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF 206LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT 207APPLY TO YOU. In no event shall Apple's total liability to You for all damages 208(other than as may be required by applicable law) under this License exceed the 209amount of fifty dollars ($50.00). 210 21110. Trademarks. This License does not grant any rights to use the trademarks 212or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server", 213"QuickTime", "QuickTime Streaming Server" or any other trademarks or trade 214names belonging to Apple (collectively "Apple Marks") or to any trademark or 215trade name belonging to any Contributor. No Apple Marks may be used to endorse 216or promote products derived from the Original Code other than as permitted by 217and in strict compliance at all times with Apple's third party trademark usage 218guidelines which are posted at 219http://www.apple.com/legal/guidelinesfor3rdparties.html. 220 22111. Ownership. Subject to the licenses granted under this License, each 222Contributor retains all rights, title and interest in and to any Modifications 223made by such Contributor. Apple retains all rights, title and interest in and 224to the Original Code and any Modifications made by or on behalf of Apple 225("Apple Modifications"), and such Apple Modifications will not be automatically 226subject to this License. Apple may, at its sole discretion, choose to license 227such Apple Modifications under this License, or on different terms from those 228contained in this License or may choose not to license them at all. 229 23012. Termination. 231 23212.1 Termination. This License and the rights granted hereunder will terminate: 233 234 (a)automatically without notice from Apple if You fail to comply with 235any term(s) of this License and fail to cure such breach within 30 days of 236becoming aware of such breach; 237 238 (b)immediately in the event of the circumstances described in Section 23913.5(b); or 240 241 (c)automatically without notice from Apple if You, at any time during 242the term of this License, commence an action for patent infringement against 243Apple. 244 24512.2 Effect of Termination. Upon termination, You agree to immediately stop 246any further use, reproduction, modification, sublicensing and distribution of 247the Covered Code and to destroy all copies of the Covered Code that are in your 248possession or control. All sublicenses to the Covered Code which have been 249properly granted prior to termination shall survive any termination of this 250License. Provisions which, by their nature, should remain in effect beyond 251thetermination of this License shall survive, including but not limited to 252Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other 253for compensation, indemnity or damages of any sort solely as a result of 254terminating this License in accordance with its terms, and termination of this 255License will be without prejudice to any other right or remedy of any party. 256 25713. Miscellaneous. 258 25913.1 Government End Users. The Covered Code is a "commercial item" as defined 260in FAR 2.101. Government software and technical data rights in the Covered Code 261include only those rights customarily provided to the public as defined in this 262License. This customary commercial license in technical data and software is 263provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer 264Software) and, for Department of Defense purchases, DFAR 252.227-7015 265(Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial 266Computer Software or Computer Software Documentation). Accordingly, all U.S. 267Government End Users acquire Covered Code with only those rights set forth 268herein. 269 27013.2 Relationship of Parties. This License will not be construed as creating 271an agency, partnership, joint venture or any other form of legal association 272between or amongYou, Apple or any Contributor, and You will not represent to 273the contrary, whether expressly, by implication, appearance or otherwise. 274 27513.3 Independent Development. Nothing in this License will impair Apple's 276right to acquire, license, develop, have others develop for it, market and/or 277distribute technology or products that perform the same or similar functions 278as, or otherwise compete with, Modifications, Larger Works, technology or 279products that You may develop, produce, market or distribute. 280 28113.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any 282provision of this License will not be deemed a waiver of future enforcement of 283that or any other provision. Any law or regulation which provides that the 284language of a contract shall be construed against the drafter will not apply to 285this License. 286 28713.5 Severability. (a) If for any reason a court of competent jurisdiction 288finds any provision of this License, or portion thereof, to be unenforceable, 289that provision of the License will be enforced to the maximum extent 290permissible so as to effect the economic benefits and intent of the parties, 291and the remainder of this License will continue in full force and effect. (b) 292Notwithstanding the foregoing, if applicable law prohibits or restricts You 293from fully and/or specifically complying with Sections 2 and/or 3 or prevents 294the enforceability of either of those Sections, this License will immediately 295terminate and You must immediately discontinue any use of the Covered Code and 296destroy all copies of it that are in your possession or control. 297 29813.6 Dispute Resolution. Any litigation or other dispute resolution between 299You and Apple relating to this License shall take place in the Northern 300District of California, and You and Apple hereby consent to the personal 301jurisdiction of, and venue in, the state and federal courts within that 302District with respect to this License. The application of the United Nations 303Convention on Contracts for the International Sale of Goods is expressly 304excluded. 305 30613.7 Entire Agreement; Governing Law. This License constitutes the entire 307agreement between the parties with respect to the subject matter hereof. This 308License shall be governed by the lawsof the United States and the State of 309California, except that body of California law concerning conflicts of law. 310 311Where You are located in the province of Quebec, Canada, the following clause 312applies: The parties hereby confirm that they have requested that this License 313and all related documents be drafted in English. Les parties ont exig�� que le 314pr��sent contrat et tous les documents connexes soient r��dig��s en anglais. 315 316EXHIBIT A. 317 318"Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights Reserved. 319 320This file contains Original Code and/or Modifications of Original Code as 321defined in and that are subject to the Apple Public Source License Version 1.2 322(the 'License'). You may not use this file except in compliance with the 323License. Please obtain a copy of the License at 324http://www.apple.com/publicsource and read it before using this file. 325 326The Original Code and all software distributed under the License are 327distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 328OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT 329LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 330PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the 331specific language governing rights and limitations under the License." 332 333