1APPLE PUBLIC SOURCE LICENSE 2Version 2.0 - August 6, 2003 3 4Please read this License carefully before downloading this software. By 5downloading or using this software, you are agreeing to be bound by the terms 6of this License. If you do not or cannot agree to the terms of this License, 7please do not download or use the software. 8 9Apple Note: In January 2007, Apple changed its corporate name from "Apple 10Computer, Inc." to "Apple Inc." This change has been reflected below and 11copyright years updated, but no other changes have been made to the APSL 2.0. 12 131. General; Definitions. This License applies to any program or other 14work which Apple Inc. ("Apple") makes publicly available and which contains a 15notice placed by Apple identifying such program or work as "Original Code" and 16stating that it is subject to the terms of this Apple Public Source License 17version 2.0 ("License"). As used in this License: 18 191.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the 20grantor of rights, (i) claims of patents that are now or hereafter acquired, 21owned by or assigned to Apple and (ii) that cover subject matter contained in 22the Original Code, but only to the extent necessary to use, reproduce and/or 23distribute the Original Code without infringement; and (b) in the case where 24You are the grantor of rights, (i) claims of patents that are now or hereafter 25acquired, owned by or assigned to You and (ii) that cover subject matter in 26Your Modifications, taken alone or in combination with Original Code. 27 281.2 "Contributor" means any person or entity that creates or contributes to 29the creation of Modifications. 30 311.3 "Covered Code" means the Original Code, Modifications, the combination 32of Original Code and any Modifications, and/or any respective portions thereof. 33 341.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise 35make Covered Code available, directly or indirectly, to anyone other than You; 36and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way 37to provide a service, including but not limited to delivery of content, through 38electronic communication with 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 to, 44the substance and/or structure of the Original Code, any previous 45Modifications, the combination of Original Code and any previous Modifications, 46and/or any respective portions thereof. When code is released as a series of 47files, a Modification is: (a) any addition to or deletion from the contents of 48a file containing Covered Code; and/or (b) any new file or other representation 49of computer program statements that contains any part of Covered Code. 50 511.7 "Original Code" means (a) the Source Code of a program or other work as 52originally made available by Apple under this License, including the Source 53Code of any updates or upgrades to such programs or works made available by 54Apple under this License, and that has been expressly identified by Apple as 55such in the header file(s) of such work; and (b) the object code compiled from 56such Source Code and originally made available by Apple under this License 57 581.8 "Source Code" means the human readable form of a program or other work 59that is suitable for making modifications to it, including all modules it 60contains, plus any associated interface definition files, scripts used to 61control compilation and installation of an executable (object code). 62 631.9 "You" or "Your" means an individual or a legal entity exercising rights 64under this License. For legal entities, "You" or "Your" includes any entity 65which controls, is controlled by, or is under common control with, You, where 66"control" means (a) the power, direct or indirect, to cause the direction or 67management of such entity, whether by contract or otherwise, or (b) ownership 68of fifty percent (50%) or more of the outstanding shares or beneficial 69ownership of such entity. 70 712. Permitted Uses; Conditions & Restrictions. Subject to the terms and 72conditions of this License, Apple hereby grants You, effective on the date You 73accept this License and download the Original Code, a world-wide, royalty-free, 74non-exclusive license, to the extent of Apple's Applicable Patent Rights and 75copyrights covering the Original Code, to do the following: 76 772.1 Unmodified Code. You may use, reproduce, display, perform, internally 78distribute within Your organization, and Externally Deploy verbatim, unmodified 79copies of the Original Code, for commercial or non-commercial purposes, 80provided that in each instance: 81 82(a) You must retain and reproduce in all copies of Original Code the 83copyright and other proprietary notices and disclaimers of Apple as they appear 84in the Original Code, and keep intact all notices in the Original Code that 85refer to this License; and 86 87(b) You must include a copy of this License with every copy of Source Code 88of Covered Code and documentation You distribute or Externally Deploy, and You 89may not offer or impose any terms on such Source Code that alter or restrict 90this License or the recipients' rights hereunder, except as permitted under 91Section 6. 92 932.2 Modified Code. You may modify Covered Code and use, reproduce, 94display, perform, internally distribute within Your organization, and 95Externally Deploy Your Modifications and Covered Code, for commercial or 96non-commercial purposes, provided that in each instance You also meet all of 97these conditions: 98 99(a) You must satisfy all the conditions of Section 2.1 with respect to the 100Source Code of the Covered Code; 101 102(b) You must duplicate, to the extent it does not already exist, the notice 103in Exhibit A in each file of the Source Code of all Your Modifications, and 104cause the modified files to carry prominent notices stating that You changed 105the files and the date of any change; and 106 107(c) If You Externally Deploy Your Modifications, You must make Source Code 108of all Your Externally Deployed Modifications either available to those to whom 109You have Externally Deployed Your Modifications, or publicly available. Source 110Code of Your Externally Deployed Modifications must be released under the terms 111set forth in this License, including the license grants set forth in Section 3 112below, for as long as you Externally Deploy the Covered Code or twelve (12) 113months from the date of initial External Deployment, whichever is longer. You 114should preferably distribute the Source Code of Your Externally Deployed 115Modifications electronically (e.g. download from a web site). 116 1172.3 Distribution of Executable Versions. In addition, if You Externally 118Deploy Covered Code (Original Code and/or Modifications) in object code, 119executable form only, You must include a prominent notice, in the code itself 120as well as in related documentation, stating that Source Code of the Covered 121Code is available under the terms of this License with information on how and 122where to obtain such Source Code. 123 1242.4 Third Party Rights. You expressly acknowledge and agree that although 125Apple and each Contributor grants the licenses to their respective portions of 126the Covered Code set forth herein, no assurances are provided by Apple or any 127Contributor that the Covered Code does not infringe the patent or other 128intellectual property rights of any other entity. Apple and each Contributor 129disclaim any liability to You for claims brought by any other entity based on 130infringement of intellectual property rights or otherwise. As a condition to 131exercising the rights and licenses granted hereunder, You hereby assume sole 132responsibility to secure any other intellectual property rights needed, if any. 133For example, if a third party patent license is required to allow You to 134distribute the Covered Code, it is Your responsibility to acquire that license 135before distributing the Covered Code. 136 1373. Your Grants. In consideration of, and as a condition to, the licenses 138granted to You under this License, You hereby grant to any person or entity 139receiving or distributing Covered Code under this License a non-exclusive, 140royalty-free, perpetual, irrevocable license, under Your Applicable Patent 141Rights and other intellectual property rights (other than patent) owned or 142controlled by You, to use, reproduce, display, perform, modify, sublicense, 143distribute and Externally Deploy Your Modifications of the same scope and 144extent as Apple's licenses under Sections 2.1 and 2.2 above. 145 1464. Larger Works. You may create a Larger Work by combining Covered Code 147with other code not governed by the terms of this License and distribute the 148Larger Work as a single product. In each such instance, You must make sure the 149requirements of this License are fulfilled for the Covered Code or any portion 150thereof. 151 1525. Limitations on Patent License. Except as expressly stated in Section 1532, no other patent rights, express or implied, are granted by Apple herein. 154Modifications and/or Larger Works may require additional patent licenses from 155Apple which Apple may grant in its sole discretion. 156 1576. Additional Terms. You may choose to offer, and to charge a fee for, 158warranty, support, indemnity or liability obligations and/or other rights 159consistent with the scope of the license granted herein ("Additional Terms") to 160one or more recipients of Covered Code. However, You may do so only on Your own 161behalf and as Your sole responsibility, and not on behalf of Apple or any 162Contributor. You must obtain the recipient's agreement that any such Additional 163Terms are offered by You alone, and You hereby agree to indemnify, defend and 164hold Apple and every Contributor harmless for any liability incurred by or 165claims asserted against Apple or such Contributor by reason of any such 166Additional Terms. 167 1687. Versions of the License. Apple may publish revised and/or new versions 169of this License from time to time. Each version will be given a distinguishing 170version number. Once Original Code has been published under a particular 171version of this License, You may continue to use it under the terms of that 172version. You may also choose to use such Original Code under the terms of any 173subsequent version of this License published by Apple. No one other than Apple 174has the right to modify the terms applicable to Covered Code created under this 175License. 176 1778. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in 178part pre-release, untested, or not fully tested works. The Covered Code may 179contain errors that could cause failures or loss of data, and may be incomplete 180or contain inaccuracies. You expressly acknowledge and agree that use of the 181Covered Code, or any portion thereof, is at Your sole and entire risk. THE 182COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF 183ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" 184FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM 185ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT 186LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF 187SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF 188QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH 189CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE 190COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR 191REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR 192ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR 193WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED 194REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge 195that the Covered Code is not intended for use in the operation of nuclear 196facilities, aircraft navigation, communication systems, or air traffic control 197machines in which case the failure of the Covered Code could lead to death, 198personal injury, or severe physical or environmental damage. 199 2009. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO 201EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, 202INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR 203YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER 204UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS 205LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF 206THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL 207PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF 208LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT 209APPLY TO YOU. In no event shall Apple's total liability to You for all damages 210(other than as may be required by applicable law) under this License exceed the 211amount of fifty dollars ($50.00). 212 21310. Trademarks. This License does not grant any rights to use the 214trademarks or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime 215Streaming Server" or any other trademarks, service marks, logos or trade names 216belonging to Apple (collectively "Apple Marks") or to any trademark, service 217mark, logo or trade name belonging to any Contributor. You agree not to use 218any Apple Marks in or as part of the name of products derived from the Original 219Code or to endorse or promote products derived from the Original Code other 220than as expressly permitted by and in strict compliance at all times with 221Apple's third party trademark usage guidelines which are posted at 222http://www.apple.com/legal/guidelinesfor3rdparties.html. 223 22411. Ownership. Subject to the licenses granted under this License, each 225Contributor retains all rights, title and interest in and to any Modifications 226made by such Contributor. Apple retains all rights, title and interest in and 227to the Original Code and any Modifications made by or on behalf of Apple 228("Apple Modifications"), and such Apple Modifications will not be automatically 229subject to this License. Apple may, at its sole discretion, choose to license 230such Apple Modifications under this License, or on different terms from those 231contained in this License or may choose not to license them at all. 232 23312. Termination. 234 23512.1 Termination. This License and the rights granted hereunder will 236terminate: 237 238(a) automatically without notice from Apple if You fail to comply with any 239term(s) of this License and fail to cure such breach within 30 days of becoming 240aware of such breach; 241(b) immediately in the event of the circumstances described in Section 24213.5(b); or 243(c) automatically without notice from Apple if You, at any time during the 244term of this License, commence an action for patent infringement against Apple; 245provided that Apple did not first commence an action for patent infringement 246against You in that instance. 247 24812.2 Effect of Termination. Upon termination, You agree to immediately stop 249any further use, reproduction, modification, sublicensing and distribution of 250the Covered Code. All sublicenses to the Covered Code which have been properly 251granted prior to termination shall survive any termination of this License. 252Provisions which, by their nature, should remain in effect beyond the 253termination of this License shall survive, including but not limited to 254Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other 255for compensation, indemnity or damages of any sort solely as a result of 256terminating this License in accordance with its terms, and termination of this 257License will be without prejudice to any other right or remedy of any party. 258 25913. Miscellaneous. 260 26113.1 Government End Users. The Covered Code is a "commercial item" as 262defined in FAR 2.101. Government software and technical data rights in the 263Covered Code include only those rights customarily provided to the public as 264defined in this License. This customary commercial license in technical data 265and software is provided in accordance with FAR 12.211 (Technical Data) and 26612.212 (Computer Software) and, for Department of Defense purchases, DFAR 267252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in 268Commercial Computer Software or Computer Software Documentation). Accordingly, 269all U.S. Government End Users acquire Covered Code with only those rights set 270forth herein. 271 27213.2 Relationship of Parties. This License will not be construed as 273creating an agency, partnership, joint venture or any other form of legal 274association between or among You, Apple or any Contributor, and You will not 275represent to the contrary, whether expressly, by implication, appearance or 276otherwise. 277 27813.3 Independent Development. Nothing in this License will impair Apple's 279right to acquire, license, develop, have others develop for it, market and/or 280distribute technology or products that perform the same or similar functions 281as, or otherwise compete with, Modifications, Larger Works, technology or 282products that You may develop, produce, market or distribute. 283 28413.4 Waiver; Construction. Failure by Apple or any Contributor to enforce 285any provision of this License will not be deemed a waiver of future enforcement 286of that or any other provision. Any law or regulation which provides that the 287language of a contract shall be construed against the drafter will not apply to 288this License. 289 29013.5 Severability. (a) If for any reason a court of competent jurisdiction 291finds any provision of this License, or portion thereof, to be unenforceable, 292that provision of the License will be enforced to the maximum extent 293permissible so as to effect the economic benefits and intent of the parties, 294and the remainder of this License will continue in full force and effect. (b) 295Notwithstanding the foregoing, if applicable law prohibits or restricts You 296from fully and/or specifically complying with Sections 2 and/or 3 or prevents 297the enforceability of either of those Sections, this License will immediately 298terminate and You must immediately discontinue any use of the Covered Code and 299destroy all copies of it that are in your possession or control. 300 30113.6 Dispute Resolution. Any litigation or other dispute resolution between 302You and Apple relating to this License shall take place in the Northern 303District of California, and You and Apple hereby consent to the personal 304jurisdiction of, and venue in, the state and federal courts within that 305District with respect to this License. The application of the United Nations 306Convention on Contracts for the International Sale of Goods is expressly 307excluded. 308 30913.7 Entire Agreement; Governing Law. This License constitutes the entire 310agreement between the parties with respect to the subject matter hereof. This 311License shall be governed by the laws of the United States and the State of 312California, except that body of California law concerning conflicts of law. 313 314Where You are located in the province of Quebec, Canada, the following clause 315applies: The parties hereby confirm that they have requested that this License 316and all related documents be drafted in English. Les parties ont exigé que le 317présent contrat et tous les documents connexes soient rédigés en anglais. 318 319EXHIBIT A. 320 321"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved. 322 323This file contains Original Code and/or Modifications of Original Code as 324defined in and that are subject to the Apple Public Source License Version 2.0 325(the 'License'). You may not use this file except in compliance with the 326License. Please obtain a copy of the License at 327http://www.opensource.apple.com/apsl/ and read it before using this file. 328 329The Original Code and all software distributed under the License are 330distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 331OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT 332LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 333PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the 334specific language governing rights and limitations under the License." 335 336