1APPLE PUBLIC SOURCE LICENSE 2Version 1.1 - April 19,1999 3 4Please read this License carefully before downloading this software. 5By downloading and using this software, you are agreeing to be bound 6by the terms of this License. If you do not or cannot agree to the 7terms of 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") publicly announces as 11subject to this Apple Public Source License and which contains a 12notice placed by Apple identifying such program or work as "Original 13Code" and stating that it is subject to the terms of this Apple Public 14Source License version 1.1 (or subsequent version thereof), as it may 15be revised from time to time by Apple ("License"). As used in this 16License: 17 181.1 "Affected Original Code" means only those specific portions of 19Original Code that allegedly infringe upon any party's intellectual 20property rights or are otherwise the subject of a claim of 21infringement. 22 231.2 "Applicable Patent Rights" mean: (a) in the case where Apple is 24the grantor of rights, (i) claims of patents that are now or hereafter 25acquired, owned by or assigned to Apple and (ii) that cover subject 26matter contained in the Original Code, but only to the extent 27necessary to use, reproduce and/or distribute the Original Code 28without infringement; and (b) in the case where You are the grantor of 29rights, (i) claims of patents that are now or hereafter acquired, 30owned by or assigned to You and (ii) that cover subject matter in Your 31Modifications, taken alone or in combination with Original Code. 32 331.3 "Covered Code" means the Original Code, Modifications, the 34combination of Original Code and any Modifications, and/or any 35respective portions thereof. 36 371.4 "Deploy" means to use, sublicense or distribute Covered Code other 38than for Your internal research and development (R&D), and includes 39without limitation, any and all internal use or distribution of 40Covered Code within Your business or organization except for R&D use, 41as well as direct or indirect sublicensing or distribution of Covered 42Code by You to any third party in any form or manner. 43 441.5 "Larger Work" means a work which combines Covered Code or portions 45thereof with code not governed by the terms of this License. 46 471.6 "Modifications" mean any addition to, deletion from, and/or change 48to, the substance and/or structure of Covered Code. When code is 49released as a series of files, a Modification is: (a) any addition to 50or deletion from the contents of a file containing Covered Code; 51and/or (b) any new file or other representation of computer program 52statements that contains any part of Covered Code. 53 541.7 "Original Code" means (a) the Source Code of a program or other 55work as originally made available by Apple under this License, 56including the Source Code of any updates or upgrades to such programs 57or works made available by Apple under this License, and that has been 58expressly identified by Apple as such in the header file(s) of such 59work; and (b) the object code compiled from such Source Code and 60originally made available by Apple under this License. 61 621.8 "Source Code" means the human readable form of a program or other 63work that is suitable for making modifications to it, including all 64modules it contains, plus any associated interface definition files, 65scripts used to control compilation and installation of an executable 66(object code). 67 681.9 "You" or "Your" means an individual or a legal entity exercising 69rights under this License. For legal entities, "You" or "Your" 70includes any entity which controls, is controlled by, or is under 71common control with, You, where "control" means (a) the power, direct 72or indirect, to cause the direction or management of such entity, 73whether by contract or otherwise, or (b) ownership of fifty percent 74(50%) or more of the outstanding shares or beneficial ownership of 75such entity. 76 772. Permitted Uses; Conditions & Restrictions. Subject to the terms 78and conditions of this License, Apple hereby grants You, effective on 79the date You accept this License and download the Original Code, a 80world-wide, royalty-free, non- exclusive license, to the extent of 81Apple's Applicable Patent Rights and copyrights covering the Original 82Code, to do the following: 83 842.1 You may use, copy, modify and distribute Original Code, with or 85without Modifications, solely for Your internal research and 86development, provided that You must in each instance: 87 88(a) retain and reproduce in all copies of Original Code the copyright 89and other proprietary notices and disclaimers of Apple as they appear 90in the Original Code, and keep intact all notices in the Original Code 91that refer to this License; 92 93(b) include a copy of this License with every copy of Source Code of 94Covered Code and documentation You distribute, and You may not offer 95or impose any terms on such Source Code that alter or restrict this 96License or the recipients' rights hereunder, except as permitted under 97Section 6; and 98 99(c) completely and accurately document all Modifications that you have 100made and the date of each such Modification, designate the version of 101the Original Code you used, prominently include a file carrying such 102information with the Modifications, and duplicate the notice in 103Exhibit A in each file of the Source Code of all such Modifications. 104 1052.2 You may Deploy Covered Code, provided that You must in each 106 instance: 107 108(a) satisfy all the conditions of Section 2.1 with respect to the 109Source Code of the Covered Code; 110 111(b) make all Your Deployed Modifications publicly available in Source 112Code form via electronic distribution (e.g. download from a web site) 113under the terms of this License and subject to the license grants set 114forth in Section 3 below, and any additional terms You may choose to 115offer under Section 6. You must continue to make the Source Code of 116Your Deployed Modifications available for as long as you Deploy the 117Covered Code or twelve (12) months from the date of initial 118Deployment, whichever is longer; 119 120(c) if You Deploy Covered Code containing Modifications made by You, 121inform others of how to obtain those Modifications by filling out and 122submitting the information found at 123http://www.apple.com/publicsource/modifications.html, if available; 124and 125 126(d) if You Deploy Covered Code in object code, executable form only, 127include a prominent notice, in the code itself as well as in related 128documentation, stating that Source Code of the Covered Code is 129available under the terms of this License with information on how and 130where to obtain such Source Code. 131 1323. Your Grants. In consideration of, and as a condition to, the 133licenses granted to You under this License: 134 135(a) You hereby grant to Apple and all third parties a non-exclusive, 136royalty-free license, under Your Applicable Patent Rights and other 137intellectual property rights owned or controlled by You, to use, 138reproduce, modify, distribute and Deploy Your Modifications of the 139same scope and extent as Apple's licenses under Sections 2.1 and 2.2; 140and 141 142(b) You hereby grant to Apple and its subsidiaries a non-exclusive, 143worldwide, royalty-free, perpetual and irrevocable license, under Your 144Applicable Patent Rights and other intellectual property rights owned 145or controlled by You, to use, reproduce, execute, compile, display, 146perform, modify or have modified (for Apple and/or its subsidiaries), 147sublicense and distribute Your Modifications, in any form, through 148multiple tiers of distribution. 149 1504. Larger Works. You may create a Larger Work by combining Covered 151Code with other code not governed by the terms of this License and 152distribute the Larger Work as a single product. In each such 153instance, You must make sure the requirements of this License are 154fulfilled for the Covered Code or any portion thereof. 155 1565. Limitations on Patent License. Except as expressly stated in 157Section 2, no other patent rights, express or implied, are granted by 158Apple herein. Modifications and/or Larger Works may require 159additional patent licenses from Apple which Apple may grant in its 160sole discretion. 161 1626. Additional Terms. You may choose to offer, and to charge a fee 163for, warranty, support, indemnity or liability obligations and/or 164other rights consistent with the scope of the license granted herein 165("Additional Terms") to one or more recipients of Covered 166Code. However, You may do so only on Your own behalf and as Your sole 167responsibility, and not on behalf of Apple. You must obtain the 168recipient's agreement that any such Additional Terms are offered by 169You alone, and You hereby agree to indemnify, defend and hold Apple 170harmless for any liability incurred by or claims asserted against 171Apple by reason of any such Additional Terms. 172 1737. Versions of the License. Apple may publish revised and/or new 174versions of this License from time to time. Each version will be 175given a distinguishing version number. Once Original Code has been 176published under a particular version of this License, You may continue 177to use it under the terms of that version. You may also choose to use 178such Original Code under the terms of any subsequent version of this 179License published by Apple. No one other than Apple has the right to 180modify the terms applicable to Covered Code created under this 181License. 182 1838. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or 184in part pre-release, untested, or not fully tested works. The 185Original Code may contain errors that could cause failures or loss of 186data, and may be incomplete or contain inaccuracies. You expressly 187acknowledge and agree that use of the Original Code, or any portion 188thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS 189PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND 190AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 1919, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS 192"APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS 193OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES 194AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND 195FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY 196RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 197ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF 198THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT 199DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN 200INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED 201REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE 202SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not 203intended for use in the operation of nuclear facilities, aircraft 204navigation, communication systems, or air traffic control machines in 205which case the failure of the Original Code could lead to death, 206personal injury, or severe physical or environmental damage. 207 2089. Liability. 209 2109.1 Infringement. If any portion of, or functionality implemented by, 211the Original Code becomes the subject of a claim of infringement, 212Apple may, at its option: (a) attempt to procure the rights necessary 213for Apple and You to continue using the Affected Original Code; (b) 214modify the Affected Original Code so that it is no longer infringing; 215or (c) suspend Your rights to use, reproduce, modify, sublicense and 216distribute the Affected Original Code until a final determination of 217the claim is made by a court or governmental administrative agency of 218competent jurisdiction and Apple lifts the suspension as set forth 219below. Such suspension of rights will be effective immediately upon 220Apple's posting of a notice to such effect on the Apple web site that 221is used for implementation of this License. Upon such final 222determination being made, if Apple is legally able, without the 223payment of a fee or royalty, to resume use, reproduction, 224modification, sublicensing and distribution of the Affected Original 225Code, Apple will lift the suspension of rights to the Affected 226Original Code by posting a notice to such effect on the Apple web site 227that is used for implementation of this License. If Apple suspends 228Your rights to Affected Original Code, nothing in this License shall 229be construed to restrict You, at Your option and subject to applicable 230law, from replacing the Affected Original Code with non-infringing 231code or independently negotiating for necessary rights from such third 232party. 233 2349.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE 235LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES 236ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO 237USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY 238OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY 239OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF 240SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF 241ANY REMEDY. In no event shall Apple's total liability to You for all 242damages under this License exceed the amount of fifty dollars 243($50.00). 244 24510. Trademarks. This License does not grant any rights to use the 246trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac 247OS X Server" or any other trademarks or trade names belonging to Apple 248(collectively "Apple Marks") and no Apple Marks may be used to endorse 249or promote products derived from the Original Code other than as 250permitted by and in strict compliance at all times with Apple's third 251party trademark usage guidelines which are posted at 252http://www.apple.com/legal/guidelinesfor3rdparties.html. 253 25411. Ownership. Apple retains all rights, title and interest in and to 255the Original Code and any Modifications made by or on behalf of Apple 256("Apple Modifications"), and such Apple Modifications will not be 257automatically subject to this License. Apple may, at its sole 258discretion, choose to license such Apple Modifications under this 259License, or on different terms from those contained in this License or 260may choose not to license them at all. Apple's development, use, 261reproduction, modification, sublicensing and distribution of Covered 262Code will not be subject to this License. 263 26412. Termination. 265 26612.1 Termination. This License and the rights granted hereunder will 267 terminate: 268 269(a) automatically without notice from Apple if You fail to comply with 270any term(s) of this License and fail to cure such breach within 30 271days of becoming aware of such breach; (b) immediately in the event of 272the circumstances described in Section 13.5(b); or (c) automatically 273without notice from Apple if You, at any time during the term of this 274License, commence an action for patent infringement against Apple. 275 27612.2 Effect of Termination. Upon termination, You agree to 277immediately stop any further use, reproduction, modification, 278sublicensing and distribution of the Covered Code and to destroy all 279copies of the Covered Code that are in your possession or control. 280All sublicenses to the Covered Code which have been properly granted 281prior to termination shall survive any termination of this License. 282Provisions which, by their nature, should remain in effect beyond the 283termination of this License shall survive, including but not limited 284to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be 285liable to the other for compensation, indemnity or damages of any sort 286solely as a result of terminating this License in accordance with its 287terms, and termination of this License will be without prejudice to 288any other right or remedy of either party. 289 29013. Miscellaneous. 291 29213.1 Government End Users. The Covered Code is a "commercial item" as 293defined in FAR 2.101. Government software and technical data rights 294in the Covered Code include only those rights customarily provided to 295the public as defined in this License. This customary commercial 296license in technical data and software is provided in accordance with 297FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for 298Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- 299Commercial Items) and 227.7202-3 (Rights in Commercial Computer 300Software or Computer Software Documentation). Accordingly, all U.S. 301Government End Users acquire Covered Code with only those rights set 302forth herein. 303 30413.2 Relationship of Parties. This License will not be construed as 305creating an agency, partnership, joint venture or any other form of 306legal association between You and Apple, and You will not represent to 307the contrary, whether expressly, by implication, appearance or 308otherwise. 309 31013.3 Independent Development. Nothing in this License will impair 311Apple's right to acquire, license, develop, have others develop for 312it, market and/or distribute technology or products that perform the 313same or similar functions as, or otherwise compete with, 314Modifications, Larger Works, technology or products that You may 315develop, produce, market or distribute. 316 31713.4 Waiver; Construction. Failure by Apple to enforce any provision 318of this License will not be deemed a waiver of future enforcement of 319that or any other provision. Any law or regulation which provides 320that the language of a contract shall be construed against the drafter 321will not apply to this License. 322 32313.5 Severability. (a) If for any reason a court of competent 324jurisdiction finds any provision of this License, or portion thereof, 325to be unenforceable, that provision of the License will be enforced to 326the maximum extent permissible so as to effect the economic benefits 327and intent of the parties, and the remainder of this License will 328continue in full force and effect. (b) Notwithstanding the foregoing, 329if applicable law prohibits or restricts You from fully and/or 330specifically complying with Sections 2 and/or 3 or prevents the 331enforceability of either of those Sections, this License will 332immediately terminate and You must immediately discontinue any use of 333the Covered Code and destroy all copies of it that are in your 334possession or control. 335 33613.6 Dispute Resolution. Any litigation or other dispute resolution 337between You and Apple relating to this License shall take place in the 338Northern District of California, and You and Apple hereby consent to 339the personal jurisdiction of, and venue in, the state and federal 340courts within that District with respect to this License. The 341application of the United Nations Convention on Contracts for the 342International Sale of Goods is expressly excluded. 343 34413.7 Entire Agreement; Governing Law. This License constitutes the 345entire agreement between the parties with respect to the subject 346matter hereof. This License shall be governed by the laws of the 347United States and the State of California, except that body of 348California law concerning conflicts of law. 349 350Where You are located in the province of Quebec, Canada, the following 351clause applies: The parties hereby confirm that they have requested 352that this License and all related documents be drafted in English. Les 353parties ont exige que le present contrat et tous les documents 354connexes soient rediges en anglais. 355 356EXHIBIT A. 357 358"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights 359Reserved. This file contains Original Code and/or Modifications of 360Original Code as defined in and that are subject to the Apple Public 361Source License Version 1.1 (the "License"). You may not use this file 362except in compliance with the License. Please obtain a copy of the 363License at http://www.apple.com/publicsource and read it before using 364this file. 365 366The Original Code and all software distributed under the License are 367distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER 368EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 369INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, 370FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the 371License for the specific language governing rights and limitations 372under the License." 373