1APPLE PUBLIC SOURCE LICENSE 2Version 2.0 - August 6, 2003 3 4Please read this License carefully before downloading this software. 5By downloading or using this software, you are agreeing to be bound by 6the terms of this License. If you do not or cannot agree to the terms 7of this License, please do not download or use the software. 8 91. General; Definitions. This License applies to any program or other 10work which Apple Computer, Inc. ("Apple") makes publicly available and 11which contains a notice placed by Apple identifying such program or 12work as "Original Code" and stating that it is subject to the terms of 13this Apple Public Source License version 2.0 ("License"). As used in 14this License: 15 161.1 "Applicable Patent Rights" mean: (a) in the case where Apple is 17the grantor of rights, (i) claims of patents that are now or hereafter 18acquired, owned by or assigned to Apple and (ii) that cover subject 19matter contained in the Original Code, but only to the extent 20necessary to use, reproduce and/or distribute the Original Code 21without infringement; and (b) in the case where You are the grantor of 22rights, (i) claims of patents that are now or hereafter acquired, 23owned by or assigned to You and (ii) that cover subject matter in Your 24Modifications, taken alone or in combination with Original Code. 25 261.2 "Contributor" means any person or entity that creates or 27contributes to the creation of Modifications. 28 291.3 "Covered Code" means the Original Code, Modifications, the 30combination of Original Code and any Modifications, and/or any 31respective portions thereof. 32 331.4 "Externally Deploy" means: (a) to sublicense, distribute or 34otherwise make Covered Code available, directly or indirectly, to 35anyone other than You; and/or (b) to use Covered Code, alone or as 36part of a Larger Work, in any way to provide a service, including but 37not limited to delivery of content, through electronic communication 38with a client other than You. 39 401.5 "Larger Work" means a work which combines Covered Code or portions 41thereof with code not governed by the terms of this License. 42 431.6 "Modifications" mean any addition to, deletion from, and/or change 44to, the substance and/or structure of the Original Code, any previous 45Modifications, the combination of Original Code and any previous 46Modifications, and/or any respective portions thereof. When code is 47released as a series of files, a Modification is: (a) any addition to 48or deletion from the contents of a file containing Covered Code; 49and/or (b) any new file or other representation of computer program 50statements that contains any part of Covered Code. 51 521.7 "Original Code" means (a) the Source Code of a program or other 53work as originally made available by Apple under this License, 54including the Source Code of any updates or upgrades to such programs 55or works made available by Apple under this License, and that has been 56expressly identified by Apple as such in the header file(s) of such 57work; and (b) the object code compiled from such Source Code and 58originally made available by Apple under this License. 59 601.8 "Source Code" means the human readable form of a program or other 61work that is suitable for making modifications to it, including all 62modules it contains, plus any associated interface definition files, 63scripts used to control compilation and installation of an executable 64(object code). 65 661.9 "You" or "Your" means an individual or a legal entity exercising 67rights under this License. For legal entities, "You" or "Your" 68includes any entity which controls, is controlled by, or is under 69common control with, You, where "control" means (a) the power, direct 70or indirect, to cause the direction or management of such entity, 71whether by contract or otherwise, or (b) ownership of fifty percent 72(50%) or more of the outstanding shares or beneficial ownership of 73such entity. 74 752. Permitted Uses; Conditions & Restrictions. Subject to the terms 76and conditions of this License, Apple hereby grants You, effective on 77the date You accept this License and download the Original Code, a 78world-wide, royalty-free, non-exclusive license, to the extent of 79Apple's Applicable Patent Rights and copyrights covering the Original 80Code, to do the following: 81 822.1 Unmodified Code. You may use, reproduce, display, perform, 83internally distribute within Your organization, and Externally Deploy 84verbatim, unmodified copies of the Original Code, for commercial or 85non-commercial purposes, provided that in each instance: 86 87(a) You must retain and reproduce in all copies of Original Code the 88copyright and other proprietary notices and disclaimers of Apple as 89they appear in the Original Code, and keep intact all notices in the 90Original Code that refer to this License; and 91 92(b) You must include a copy of this License with every copy of Source 93Code of Covered Code and documentation You distribute or Externally 94Deploy, and You may not offer or impose any terms on such Source Code 95that alter or restrict this License or the recipients' rights 96hereunder, except as permitted under Section 6. 97 982.2 Modified Code. You may modify Covered Code and use, reproduce, 99display, perform, internally distribute within Your organization, and 100Externally Deploy Your Modifications and Covered Code, for commercial 101or non-commercial purposes, provided that in each instance You also 102meet all of these conditions: 103 104(a) You must satisfy all the conditions of Section 2.1 with respect to 105the Source Code of the Covered Code; 106 107(b) You must duplicate, to the extent it does not already exist, the 108notice in Exhibit A in each file of the Source Code of all Your 109Modifications, and cause the modified files to carry prominent notices 110stating that You changed the files and the date of any change; and 111 112(c) If You Externally Deploy Your Modifications, You must make 113Source Code of all Your Externally Deployed Modifications either 114available to those to whom You have Externally Deployed Your 115Modifications, or publicly available. Source Code of Your Externally 116Deployed Modifications must be released under the terms set forth in 117this License, including the license grants set forth in Section 3 118below, for as long as you Externally Deploy the Covered Code or twelve 119(12) months from the date of initial External Deployment, whichever is 120longer. You should preferably distribute the Source Code of Your 121Externally Deployed Modifications electronically (e.g. download from a 122web site). 123 1242.3 Distribution of Executable Versions. In addition, if You 125Externally Deploy Covered Code (Original Code and/or Modifications) in 126object code, executable form only, You must include a prominent 127notice, in the code itself as well as in related documentation, 128stating that Source Code of the Covered Code is available under the 129terms of this License with information on how and where to obtain such 130Source Code. 131 1322.4 Third Party Rights. You expressly acknowledge and agree that 133although Apple and each Contributor grants the licenses to their 134respective portions of the Covered Code set forth herein, no 135assurances are provided by Apple or any Contributor that the Covered 136Code does not infringe the patent or other intellectual property 137rights of any other entity. Apple and each Contributor disclaim any 138liability to You for claims brought by any other entity based on 139infringement of intellectual property rights or otherwise. As a 140condition to exercising the rights and licenses granted hereunder, You 141hereby assume sole responsibility to secure any other intellectual 142property rights needed, if any. For example, if a third party patent 143license is required to allow You to distribute the Covered Code, it is 144Your responsibility to acquire that license before distributing the 145Covered Code. 146 1473. Your Grants. In consideration of, and as a condition to, the 148licenses granted to You under this License, You hereby grant to any 149person or entity receiving or distributing Covered Code under this 150License a non-exclusive, royalty-free, perpetual, irrevocable license, 151under Your Applicable Patent Rights and other intellectual property 152rights (other than patent) owned or controlled by You, to use, 153reproduce, display, perform, modify, sublicense, distribute and 154Externally Deploy Your Modifications of the same scope and extent as 155Apple's licenses under Sections 2.1 and 2.2 above. 156 1574. Larger Works. You may create a Larger Work by combining Covered 158Code with other code not governed by the terms of this License and 159distribute the Larger Work as a single product. In each such instance, 160You must make sure the requirements of this License are fulfilled for 161the Covered Code or any portion thereof. 162 1635. Limitations on Patent License. Except as expressly stated in 164Section 2, no other patent rights, express or implied, are granted by 165Apple herein. Modifications and/or Larger Works may require additional 166patent licenses from Apple which Apple may grant in its sole 167discretion. 168 1696. Additional Terms. You may choose to offer, and to charge a fee for, 170warranty, support, indemnity or liability obligations and/or other 171rights consistent with the scope of the license granted herein 172("Additional Terms") to one or more recipients of Covered Code. 173However, You may do so only on Your own behalf and as Your sole 174responsibility, and not on behalf of Apple or any Contributor. You 175must obtain the recipient's agreement that any such Additional Terms 176are offered by You alone, and You hereby agree to indemnify, defend 177and hold Apple and every Contributor harmless for any liability 178incurred by or claims asserted against Apple or such Contributor by 179reason of any such Additional Terms. 180 1817. Versions of the License. Apple may publish revised and/or new 182versions of this License from time to time. Each version will be given 183a distinguishing version number. Once Original Code has been published 184under a particular version of this License, You may continue to use it 185under the terms of that version. You may also choose to use such 186Original Code under the terms of any subsequent version of this 187License published by Apple. No one other than Apple has the right to 188modify the terms applicable to Covered Code created under this 189License. 190 1918. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in 192part pre-release, untested, or not fully tested works. The Covered 193Code may contain errors that could cause failures or loss of data, and 194may be incomplete or contain inaccuracies. You expressly acknowledge 195and agree that use of the Covered Code, or any portion thereof, is at 196Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND 197WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND 198APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE 199PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM 200ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT 201NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF 202MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR 203PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD 204PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST 205INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE 206FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, 207THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR 208ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO 209ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE 210AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. 211You acknowledge that the Covered Code is not intended for use in the 212operation of nuclear facilities, aircraft navigation, communication 213systems, or air traffic control machines in which case the failure of 214the Covered Code could lead to death, personal injury, or severe 215physical or environmental damage. 216 2179. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO 218EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, 219SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING 220TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR 221ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, 222TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF 223APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 224DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY 225REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF 226INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY 227TO YOU. In no event shall Apple's total liability to You for all 228damages (other than as may be required by applicable law) under this 229License exceed the amount of fifty dollars ($50.00). 230 23110. Trademarks. This License does not grant any rights to use the 232trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS", 233"QuickTime", "QuickTime Streaming Server" or any other trademarks, 234service marks, logos or trade names belonging to Apple (collectively 235"Apple Marks") or to any trademark, service mark, logo or trade name 236belonging to any Contributor. You agree not to use any Apple Marks in 237or as part of the name of products derived from the Original Code or 238to endorse or promote products derived from the Original Code other 239than as expressly permitted by and in strict compliance at all times 240with Apple's third party trademark usage guidelines which are posted 241at http://www.apple.com/legal/guidelinesfor3rdparties.html. 242 24311. Ownership. Subject to the licenses granted under this License, 244each Contributor retains all rights, title and interest in and to any 245Modifications made by such Contributor. Apple retains all rights, 246title and interest in and to the Original Code and any Modifications 247made by or on behalf of Apple ("Apple Modifications"), and such Apple 248Modifications will not be automatically subject to this License. Apple 249may, at its sole discretion, choose to license such Apple 250Modifications under this License, or on different terms from those 251contained in this License or may choose not to license them at all. 252 25312. Termination. 254 25512.1 Termination. This License and the rights granted hereunder will 256terminate: 257 258(a) automatically without notice from Apple if You fail to comply with 259any term(s) of this License and fail to cure such breach within 30 260days of becoming aware of such breach; 261 262(b) immediately in the event of the circumstances described in Section 26313.5(b); or 264 265(c) automatically without notice from Apple if You, at any time during 266the term of this License, commence an action for patent infringement 267against Apple; provided that Apple did not first commence 268an action for patent infringement against You in that instance. 269 27012.2 Effect of Termination. Upon termination, You agree to immediately 271stop any further use, reproduction, modification, sublicensing and 272distribution of the Covered Code. All sublicenses to the Covered Code 273which have been properly granted prior to termination shall survive 274any termination of this License. Provisions which, by their nature, 275should remain in effect beyond the termination of this License shall 276survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 27712.2 and 13. No party will be liable to any other for compensation, 278indemnity or damages of any sort solely as a result of terminating 279this License in accordance with its terms, and termination of this 280License will be without prejudice to any other right or remedy of 281any party. 282 28313. Miscellaneous. 284 28513.1 Government End Users. The Covered Code is a "commercial item" as 286defined in FAR 2.101. Government software and technical data rights in 287the Covered Code include only those rights customarily provided to the 288public as defined in this License. This customary commercial license 289in technical data and software is provided in accordance with FAR 29012.211 (Technical Data) and 12.212 (Computer Software) and, for 291Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- 292Commercial Items) and 227.7202-3 (Rights in Commercial Computer 293Software or Computer Software Documentation). Accordingly, all U.S. 294Government End Users acquire Covered Code with only those rights set 295forth herein. 296 29713.2 Relationship of Parties. This License will not be construed as 298creating an agency, partnership, joint venture or any other form of 299legal association between or among You, Apple or any Contributor, and 300You will not represent to the contrary, whether expressly, by 301implication, appearance or otherwise. 302 30313.3 Independent Development. Nothing in this License will impair 304Apple's right to acquire, license, develop, have others develop for 305it, market and/or distribute technology or products that perform the 306same or similar functions as, or otherwise compete with, 307Modifications, Larger Works, technology or products that You may 308develop, produce, market or distribute. 309 31013.4 Waiver; Construction. Failure by Apple or any Contributor to 311enforce any provision of this License will not be deemed a waiver of 312future enforcement of that or any other provision. Any law or 313regulation which provides that the language of a contract shall be 314construed against the drafter will not apply to this License. 315 31613.5 Severability. (a) If for any reason a court of competent 317jurisdiction finds any provision of this License, or portion thereof, 318to be unenforceable, that provision of the License will be enforced to 319the maximum extent permissible so as to effect the economic benefits 320and intent of the parties, and the remainder of this License will 321continue in full force and effect. (b) Notwithstanding the foregoing, 322if applicable law prohibits or restricts You from fully and/or 323specifically complying with Sections 2 and/or 3 or prevents the 324enforceability of either of those Sections, this License will 325immediately terminate and You must immediately discontinue any use of 326the Covered Code and destroy all copies of it that are in your 327possession or control. 328 32913.6 Dispute Resolution. Any litigation or other dispute resolution 330between You and Apple relating to this License shall take place in the 331Northern District of California, and You and Apple hereby consent to 332the personal jurisdiction of, and venue in, the state and federal 333courts within that District with respect to this License. The 334application of the United Nations Convention on Contracts for the 335International Sale of Goods is expressly excluded. 336 33713.7 Entire Agreement; Governing Law. This License constitutes the 338entire agreement between the parties with respect to the subject 339matter hereof. This License shall be governed by the laws of the 340United States and the State of California, except that body of 341California law concerning conflicts of law. 342 343Where You are located in the province of Quebec, Canada, the following 344clause applies: The parties hereby confirm that they have requested 345that this License and all related documents be drafted in English. Les 346parties ont exige que le present contrat et tous les documents 347connexes soient rediges en anglais. 348 349EXHIBIT A. 350 351"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights 352Reserved. 353 354This file contains Original Code and/or Modifications of Original Code 355as defined in and that are subject to the Apple Public Source License 356Version 2.0 (the 'License'). You may not use this file except in 357compliance with the License. Please obtain a copy of the License at 358http://www.opensource.apple.com/apsl/ and read it before using this 359file. 360 361The Original Code and all software distributed under the License are 362distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER 363EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 364INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, 365FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. 366Please see the License for the specific language governing rights and 367limitations under the License." 368