1 APPLE PUBLIC SOURCE LICENSE 2 Version 1.0 - March 16, 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 10 work which Apple Computer, Inc. ("Apple") publicly announces as 11 subject to this Apple Public Source License and which contains a 12 notice placed by Apple identifying such program or work as "Original 13 Code" and stating that it is subject to the terms of this Apple 14 Public Source License version 1.0 (or subsequent version thereof), 15 as it may be revised from time to time by Apple ("License"). As 16 used in this License: 17 181.1 "Applicable Patents" mean: (a) in the case where Apple is the 19 grantor of rights, (i) patents or patent applications that are now 20 or hereafter acquired, owned by or assigned to Apple and (ii) whose 21 claims cover subject matter contained in the Original Code, but only 22 to the extent necessary to use, reproduce and/or distribute the 23 Original Code without infringement; and (b) in the case where You 24 are the grantor of rights, (i) patents and patent applications that 25 are now or hereafter acquired, owned by or assigned to You and (ii) 26 whose claims cover subject matter in Your Modifications, taken alone 27 or in combination with Original Code. 28 291.2 "Covered Code" means the Original Code, Modifications, the 30 combination of Original Code and any Modifications, and/or any 31 respective portions thereof. 32 331.3 "Deploy" means to use, sublicense or distribute Covered Code other 34 than for Your internal research and development (R&D), and includes 35 without limitation, any and all internal use or distribution of 36 Covered Code within Your business or organization except for R&D 37 use, as well as direct or indirect sublicensing or distribution of 38 Covered Code by You to any third party in any form or manner. 39 401.4 "Larger Work" means a work which combines Covered Code or portions 41 thereof with code not governed by the terms of this License. 42 431.5 "Modifications" mean any addition to, deletion from, and/or change 44 to, the substance and/or structure of Covered Code. When code is 45 released as a series of files, a Modification is: (a) any addition 46 to or deletion from the contents of a file containing Covered Code; 47 and/or (b) any new file or other representation of computer program 48 statements that contains any part of Covered Code. 49 501.6 "Original Code" means the Source Code of a program or other work 51 as originally made available by Apple under this License, including 52 the Source Code of any updates or upgrades to such programs or works 53 made available by Apple under this License, and that has been 54 expressly identified by Apple as such in the header file(s) of such 55 work. 56 571.7 "Source Code" means the human readable form of a program or other 58 work that is suitable for making modifications to it, including all 59 modules it contains, plus any associated interface definition files, 60 scripts used to control compilation and installation of an 61 executable (object code). 62 631.8 "You" or "Your" means an individual or a legal entity exercising 64 rights under this License. For legal entities, "You" or "Your" 65 includes any entity which controls, is controlled by, or is under 66 common control with, You, where "control" means (a) the power, 67 direct or indirect, to cause the direction or management of such 68 entity, whether by contract or otherwise, or (b) ownership of fifty 69 percent (50%) or more of the outstanding shares or beneficial 70 ownership of such entity. 71 722. Permitted Uses; Conditions & Restrictions. Subject to the terms 73 and conditions of this License, Apple hereby grants You, effective 74 on the date You accept this License and download the Original Code, 75 a world-wide, royalty-free, non-exclusive license, to the extent of 76 Apple's Applicable Patents and copyrights covering the Original 77 Code, to do the following: 78 792.1 You may use, copy, modify and distribute Original Code, with or 80 without Modifications, solely for Your internal research and 81 development, provided that You must in each instance: 82 83(a) retain and reproduce in all copies of Original Code the copyright 84and other proprietary notices and disclaimers of Apple as they appear 85in the Original Code, and keep intact all notices in the Original Code 86that refer to this License; 87 88(b) include a copy of this License with every copy of Source Code of 89Covered Code and documentation You distribute, and You may not offer 90or impose any terms on such Source Code that alter or restrict this 91License or the recipients' rights hereunder, except as permitted under 92Section 6; and 93 94(c) completely and accurately document all Modifications that you have 95made and the date of each such Modification, designate the version of 96the Original Code you used, prominently include a file carrying such 97information with the Modifications, and duplicate the notice in 98Exhibit A in each file of the Source Code of all such Modifications. 99 1002.2 You may Deploy Covered Code, provided that You must in each 101 instance: 102 103(a) satisfy all the conditions of Section 2.1 with respect to the 104Source Code of the Covered Code; 105 106(b) make all Your Deployed Modifications publicly available in Source 107Code form via electronic distribution (e.g. download from a web site) 108under the terms of this License and subject to the license grants set 109forth in Section 3 below, and any additional terms You may choose to 110offer under Section 6. You must continue to make the Source Code of 111Your Deployed Modifications available for as long as you Deploy the 112Covered Code or twelve (12) months from the date of initial 113Deployment, whichever is longer; 114 115(c) must notify Apple and other third parties of how to obtain Your 116Deployed Modifications by filling out and submitting the required 117information found at 118http://www.apple.com/publicsource/modifications.html; and 119 120(d) if you Deploy Covered Code in object code, executable form only, 121include a prominent notice, in the code itself as well as in related 122documentation, stating that Source Code of the Covered Code is 123available under the terms of this License with information on how and 124where to obtain such Source Code. 125 1263. Your Grants. In consideration of, and as a condition to, the 127 licenses granted to You under this License: 128 129(a) You hereby grant to Apple and all third parties a non-exclusive, 130royalty-free license, under Your Applicable Patents and other 131intellectual property rights owned or controlled by You, to use, 132reproduce, modify, distribute and Deploy Your Modifications of the 133same scope and extent as Apple's licenses under Sections 2.1 and 2.2; 134and 135 136(b) You hereby grant to Apple and its subsidiaries a non-exclusive, 137worldwide, royalty-free, perpetual and irrevocable license, under Your 138Applicable Patents and other intellectual property rights owned or 139controlled by You, to use, reproduce, execute, compile, display, 140perform, modify or have modified (for Apple and/or its subsidiaries), 141sublicense and distribute Your Modifications, in any form, through 142multiple tiers of distribution. 143 1444. Larger Works. You may create a Larger Work by combining Covered 145 Code with other code not governed by the terms of this License and 146 distribute the Larger Work as a single product. In each such 147 instance, You must make sure the requirements of this License are 148 fulfilled for the Covered Code or any portion thereof. 149 1505. Limitations on Patent License. Except as expressly stated in 151 Section 2, no other patent rights, express or implied, are granted 152 by Apple herein. Modifications and/or Larger Works may require 153 additional patent licenses from Apple which Apple may grant in its 154 sole discretion. 155 1566. Additional Terms. You may choose to offer, and to charge a fee 157 for, warranty, support, indemnity or liability obligations and/or 158 other rights consistent with the scope of the license granted herein 159 ("Additional Terms") to one or more recipients of Covered 160 Code. However, You may do so only on Your own behalf and as Your 161 sole responsibility, and not on behalf of Apple. You must obtain the 162 recipient's agreement that any such Additional Terms are offered by 163 You alone, and You hereby agree to indemnify, defend and hold Apple 164 harmless for any liability incurred by or claims asserted against 165 Apple by reason of any such Additional Terms. 166 1677. Versions of the License. Apple may publish revised and/or new 168 versions of this License from time to time. Each version will be 169 given a distinguishing version number. Once Original Code has been 170 published under a particular version of this License, You may 171 continue to use it under the terms of that version. You may also 172 choose to use such Original Code under the terms of any subsequent 173 version of this License published by Apple. No one other than Apple 174 has the right to modify the terms applicable to Covered Code created 175 under this License. 176 1778. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or 178 in part pre-release, untested, or not fully tested works. The 179 Original Code may contain errors that could cause failures or loss 180 of data, and may be incomplete or contain inaccuracies. You 181 expressly acknowledge and agree that use of the Original Code, or 182 any portion thereof, is at Your sole and entire risk. THE ORIGINAL 183 CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT 184 OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF 185 SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY 186 REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR 187 CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 188 IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR 189 SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND 190 NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT 191 THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR 192 REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE 193 UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE 194 WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN 195 BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A 196 WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You 197 acknowledge that the Original Code is not intended for use in the 198 operation of nuclear facilities, aircraft navigation, communication 199 systems, or air traffic control machines in which case the failure 200 of the Original Code could lead to death, personal injury, or severe 201 physical or environmental damage. 202 2039. Liability. 204 2059.1 Infringement. If any of the Original Code becomes the subject of 206 a claim of infringement ("Affected Original Code"), Apple may, at 207 its sole discretion and option: (a) attempt to procure the rights 208 necessary for You to continue using the Affected Original Code; (b) 209 modify the Affected Original Code so that it is no longer 210 infringing; or (c) terminate Your rights to use the Affected 211 Original Code, effective immediately upon Apple's posting of a 212 notice to such effect on the Apple web site that is used for 213 implementation of this License. 214 2159.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE 216 LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL 217 DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR 218 INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER 219 UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), 220 PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF 221 THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF 222 ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total 223 liability to You for all damages under this License exceed the 224 amount of fifty dollars ($50.00). 225 22610. Trademarks. This License does not grant any rights to use the 227 trademarks or trade names "Apple", "Apple Computer", "Mac OS X", 228 "Mac OS X Server" or any other trademarks or trade names belonging 229 to Apple (collectively "Apple Marks") and no Apple Marks may be 230 used to endorse or promote products derived from the Original Code 231 other than as permitted by and in strict compliance at all times 232 with Apple's third party trademark usage guidelines which are 233 posted at http://www.apple.com/legal/guidelinesfor3rdparties.html. 234 23511. Ownership. Apple retains all rights, title and interest in and to 236 the Original Code and any Modifications made by or on behalf of 237 Apple ("Apple Modifications"), and such Apple Modifications will 238 not be automatically subject to this License. Apple may, at its 239 sole discretion, choose to license such Apple Modifications under 240 this License, or on different terms from those contained in this 241 License or may choose not to license them at all. Apple's 242 development, use, reproduction, modification, sublicensing and 243 distribution of Covered Code will not be subject to this License. 244 24512. Termination. 246 24712.1 Termination. This License and the rights granted hereunder will 248 terminate: 249 250(a) automatically without notice from Apple if You fail to comply with 251any term(s) of this License and fail to cure such breach within 30 252days of becoming aware of such breach; (b) immediately in the event of 253the circumstances described in Sections 9.1 and/or 13.6(b); or (c) 254automatically without notice from Apple if You, at any time during the 255term of this License, commence an action for patent infringement 256against Apple. 257 25812.2 Effect of Termination. Upon termination, You agree to 259 immediately stop any further use, reproduction, modification and 260 distribution of the Covered Code, or Affected Original Code in the 261 case of termination under Section 9.1, and to destroy all copies of 262 the Covered Code or Affected Original Code (in the case of 263 termination under Section 9.1) that are in your possession or 264 control. All sublicenses to the Covered Code which have been 265 properly granted prior to termination shall survive any termination 266 of this License. Provisions which, by their nature, should remain 267 in effect beyond the termination of this License shall survive, 268 including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 269 13. Neither party will be liable to the other for compensation, 270 indemnity or damages of any sort solely as a result of terminating 271 this License in accordance with its terms, and termination of this 272 License will be without prejudice to any other right or remedy of 273 either party. 274 27513. Miscellaneous. 276 27713.1 Export Law Assurances. You may not use or otherwise export or 278 re-export the Original Code except as authorized by United States 279 law and the laws of the jurisdiction in which the Original Code was 280 obtained. In particular, but without limitation, the Original Code 281 may not be exported or re-exported (a) into (or to a national or 282 resident of) any U.S. embargoed country or (b) to anyone on the 283 U.S. Treasury Department's list of Specially Designated Nationals 284 or the U.S. Department of Commerce's Table of Denial Orders. By 285 using the Original Code, You represent and warrant that You are not 286 located in, under control of, or a national or resident of any such 287 country or on any such list. 288 28913.2 Government End Users. The Covered Code is a "commercial item" as 290 defined in FAR 2.101. Government software and technical data 291 rights in the Covered Code include only those rights customarily 292 provided to the public as defined in this License. This customary 293 commercial license in technical data and software is provided in 294 accordance with FAR 12.211 (Technical Data) and 12.212 (Computer 295 Software) and, for Department of Defense purchases, DFAR 296 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 297 (Rights in Commercial Computer Software or Computer Software 298 Documentation). Accordingly, all U.S. Government End Users acquire 299 Covered Code with only those rights set forth herein. 300 30113.3 Relationship of Parties. This License will not be construed as 302 creating an agency, partnership, joint venture or any other form of 303 legal association between You and Apple, and You will not represent 304 to the contrary, whether expressly, by implication, appearance or 305 otherwise. 306 30713.4 Independent Development. Nothing in this License will impair 308 Apple's right to acquire, license, develop, have others develop for 309 it, market and/or distribute technology or products that perform 310 the same or similar functions as, or otherwise compete with, 311 Modifications, Larger Works, technology or products that You may 312 develop, produce, market or distribute. 313 31413.5 Waiver; Construction. Failure by Apple to enforce any provision 315 of this License will not be deemed a waiver of future enforcement 316 of that or any other provision. Any law or regulation which 317 provides that the language of a contract shall be construed against 318 the drafter will not apply to this License. 319 32013.6 Severability. (a) If for any reason a court of competent 321 jurisdiction finds any provision of this License, or portion 322 thereof, to be unenforceable, that provision of the License will be 323 enforced to the maximum extent permissible so as to effect the 324 economic benefits and intent of the parties, and the remainder of 325 this License will continue in full force and effect. (b) 326 Notwithstanding the foregoing, if applicable law prohibits or 327 restricts You from fully and/or specifically complying with 328 Sections 2 and/or 3 or prevents the enforceability of either of 329 those Sections, this License will immediately terminate and You 330 must immediately discontinue any use of the Covered Code and 331 destroy all copies of it that are in your possession or control. 332 33313.7 Dispute Resolution. Any litigation or other dispute resolution 334 between You and Apple relating to this License shall take place in 335 the Northern District of California, and You and Apple hereby 336 consent to the personal jurisdiction of, and venue in, the state 337 and federal courts within that District with respect to this 338 License. The application of the United Nations Convention on 339 Contracts for the International Sale of Goods is expressly 340 excluded. 341 34213.8 Entire Agreement; Governing Law. This License constitutes the 343 entire agreement between the parties with respect to the subject 344 matter hereof. This License shall be governed by the laws of the 345 United States and the State of California, except that body of 346 California law concerning conflicts of law. 347 348Where You are located in the province of Quebec, Canada, the following 349clause applies: The parties hereby confirm that they have requested 350that this License and all related documents be drafted in English. Les 351parties ont exige que le present contrat et tous les documents 352connexes soient rediges en anglais. 353 354EXHIBIT A. 355 356"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights 357Reserved. This file contains Original Code and/or Modifications of 358Original Code as defined in and that are subject to the Apple Public 359Source License Version 1.0 (the 'License'). You may not use this file 360except in compliance with the License. Please obtain a copy of the 361License at http://www.apple.com/publicsource and read it before using 362this file. 363 364The Original Code and all software distributed under the License are 365distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER 366EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 367INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, 368FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the 369License for the specific language governing rights and limitations 370under the License." 371