mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-12-27 19:04:04 +01:00
333 lines
19 KiB
Groff
333 lines
19 KiB
Groff
APPLE PUBLIC SOURCE LICENSE
|
|
|
|
Version 1.1 - April 19, 1999 Please read this License carefully before downloading
|
|
this software.
|
|
|
|
By downloading and using this software, you are agreeing to be bound by the
|
|
terms of this License. If you do not or cannot agree to the terms of this
|
|
License, please do not download or use the software.
|
|
|
|
1. General; Definitions. This License applies to any program or other work
|
|
which Apple Computer, Inc. ("Apple") publicly announces as subject to this
|
|
Apple Public Source License and which contains a notice placed by Apple identifying
|
|
such program or work as "Original Code" and stating that it is subject to
|
|
the terms of this Apple Public Source License version 1.1 (or subsequent version
|
|
thereof), as it may be revised from time to time by Apple ("License"). As
|
|
used in this License:
|
|
|
|
1.1 "Affected Original Code" means only those specific portions of Original
|
|
Code that allegedly infringe upon any party's intellectual property rights
|
|
or are otherwise the subject of a claim of infringement.
|
|
|
|
1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
|
|
of rights, (i) claims of patents that are now or hereafter acquired, owned
|
|
by or assigned to Apple and (ii) that cover subject matter contained in the
|
|
Original Code, but only to the extent necessary to use, reproduce and/or distribute
|
|
the Original Code without infringement; and (b) in the case where You are
|
|
the grantor of rights, (i) claims of patents that are now or hereafter acquired,
|
|
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
|
|
taken alone or in combination with Original Code.
|
|
|
|
1.3 "Covered Code" means the Original Code, Modifications, the combination
|
|
of Original Code and any Modifications, and/or any respective portions thereof.
|
|
|
|
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
|
|
for Your internal research and development (R&D), and includes without limitation,
|
|
any and all internal use or distribution of Covered Code within Your business
|
|
or organization except for R&D use, as well as direct or indirect sublicensing
|
|
or distribution of Covered Code by You to any third party in any form or manner.
|
|
|
|
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
|
|
with code not governed by the terms of this License.
|
|
|
|
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
|
|
the substance and/or structure of Covered Code. When code is released as a
|
|
series of files, a Modification is: (a) any addition to or deletion from the
|
|
contents of a file containing Covered Code; and/or (b) any new file or other
|
|
representation of computer program statements that contains any part of Covered
|
|
Code.
|
|
|
|
1.7 "Original Code" means (a) the Source Code of a program or other work as
|
|
originally made available by Apple under this License, including the Source
|
|
Code of any updates or upgrades to such programs or works made available by
|
|
Apple under this License, and that has been expressly identified by Apple
|
|
as such in the header file(s) of such work; and (b) the object code compiled
|
|
from such Source Code and originally made available by Apple under this License.
|
|
|
|
1.8 "Source Code" means the human readable form of a program or other work
|
|
that is suitable for making modifications to it, including all modules it
|
|
contains, plus any associated interface definition files, scripts used to
|
|
control compilation and installation of an executable (object code).
|
|
|
|
1.9 "You" or "Your" means an individual or a legal entity exercising rights
|
|
under this License. For legal entities, "You" or "Your" includes any entity
|
|
which controls, is controlled by, or is under common control with, You, where
|
|
"control" means (a) the power, direct or indirect, to cause the direction
|
|
or management of such entity, whether by contract or otherwise, or (b) ownership
|
|
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
|
|
of such entity.
|
|
|
|
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
|
|
of this License, Apple hereby grants You, effective on the date You accept
|
|
this License and download the Original Code, a world-wide, royalty-free, non-
|
|
exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights
|
|
covering the Original Code, to do the following:
|
|
|
|
2.1 You may use, copy, modify and distribute Original Code, with or without
|
|
Modifications, solely for Your internal research and development, provided
|
|
that You must in each instance:
|
|
|
|
(a) retain and reproduce in all copies of Original Code the copyright and
|
|
other proprietary notices and disclaimers of Apple as they appear in the Original
|
|
Code, and keep intact all notices in the Original Code that refer to this
|
|
License;
|
|
|
|
(b) include a copy of this License with every copy of Source Code of Covered
|
|
Code and documentation You distribute, and You may not offer or impose any
|
|
terms on such Source Code that alter or restrict this License or the recipients'
|
|
rights hereunder, except as permitted under Section 6; and
|
|
|
|
(c) completely and accurately document all Modifications that you have made
|
|
and the date of each such Modification, designate the version of the Original
|
|
Code you used, prominently include a file carrying such information with the
|
|
Modifications, and duplicate the notice in Exhibit A in each file of the Source
|
|
Code of all such Modifications.
|
|
|
|
2.2 You may Deploy Covered Code, provided that You must in each instance:
|
|
|
|
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code
|
|
of the Covered Code;
|
|
|
|
(b) make all Your Deployed Modifications publicly available in Source Code
|
|
form via electronic distribution (e.g. download from a web site) under the
|
|
terms of this License and subject to the license grants set forth in Section
|
|
3 below, and any additional terms You may choose to offer under Section 6.
|
|
You must continue to make the Source Code of Your Deployed Modifications available
|
|
for as long as you Deploy the Covered Code or twelve (12) months from the
|
|
date of initial Deployment, whichever is longer;
|
|
|
|
(c) if You Deploy Covered Code containing Modifications made by You, inform
|
|
others of how to obtain those Modifications by filling out and submitting
|
|
the information found at http://www.apple.com/publicsource/modifications.html,
|
|
if available; and
|
|
|
|
(d) if You Deploy Covered Code in object code, executable form only, include
|
|
a prominent notice, in the code itself as well as in related documentation,
|
|
stating that Source Code of the Covered Code is available under the terms
|
|
of this License with information on how and where to obtain such Source Code.
|
|
|
|
3. Your Grants. In consideration of, and as a condition to, the licenses granted
|
|
to You under this License:
|
|
|
|
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
|
|
license, under Your Applicable Patent Rights and other intellectual property
|
|
rights owned or controlled by You, to use, reproduce, modify, distribute and
|
|
Deploy Your Modifications of the same scope and extent as Apple's licenses
|
|
under Sections 2.1 and 2.2; and
|
|
|
|
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
|
|
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
|
|
Rights and other intellectual property rights owned or controlled by You,
|
|
to use, reproduce, execute, compile, display, perform, modify or have modified
|
|
(for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
|
|
in any form, through multiple tiers of distribution.
|
|
|
|
4. Larger Works. You may create a Larger Work by combining Covered Code with
|
|
other code not governed by the terms of this License and distribute the Larger
|
|
Work as a single product. In each such instance, You must make sure the requirements
|
|
of this License are fulfilled for the Covered Code or any portion thereof.
|
|
|
|
5. Limitations on Patent License. Except as expressly stated in Section 2,
|
|
no other patent rights, express or implied, are granted by Apple herein. Modifications
|
|
and/or Larger Works may require additional patent licenses from Apple which
|
|
Apple may grant in its sole discretion.
|
|
|
|
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
|
|
support, indemnity or liability obligations and/or other rights consistent
|
|
with the scope of the license granted herein ("Additional Terms") to one or
|
|
more recipients of Covered Code. However, You may do so only on Your own behalf
|
|
and as Your sole responsibility, and not on behalf of Apple. You must obtain
|
|
the recipient's agreement that any such Additional Terms are offered by You
|
|
alone, and You hereby agree to indemnify, defend and hold Apple harmless for
|
|
any liability incurred by or claims asserted against Apple by reason of any
|
|
such Additional Terms.
|
|
|
|
7. Versions of the License. Apple may publish revised and/or new versions
|
|
of this License from time to time. Each version will be given a distinguishing
|
|
version number. Once Original Code has been published under a particular version
|
|
of this License, You may continue to use it under the terms of that version.
|
|
You may also choose to use such Original Code under the terms of any subsequent
|
|
version of this License published by Apple. No one other than Apple has the
|
|
right to modify the terms applicable to Covered Code created under this License.
|
|
|
|
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
|
|
pre-release, untested, or not fully tested works. The Original Code may contain
|
|
errors that could cause failures or loss of data, and may be incomplete or
|
|
contain inaccuracies. You expressly acknowledge and agree that use of the
|
|
Original Code, or any portion thereof, is at Your sole and entire risk. THE
|
|
ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
|
|
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
|
|
8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
|
|
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
|
|
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
|
|
OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
|
|
OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
|
|
IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
|
|
THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN
|
|
THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
|
|
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
|
|
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
|
|
Original Code is not intended for use in the operation of nuclear facilities,
|
|
aircraft navigation, communication systems, or air traffic control machines
|
|
in which case the failure of the Original Code could lead to death, personal
|
|
injury, or severe physical or environmental damage.
|
|
|
|
9. Liability.
|
|
|
|
9.1 Infringement. If any portion of, or functionality implemented by, the
|
|
Original Code becomes the subject of a claim of infringement, Apple may, at
|
|
its option: (a) attempt to procure the rights necessary for Apple and You
|
|
to continue using the Affected Original Code; (b) modify the Affected Original
|
|
Code so that it is no longer infringing; or (c) suspend Your rights to use,
|
|
reproduce, modify, sublicense and distribute the Affected Original Code until
|
|
a final determination of the claim is made by a court or governmental administrative
|
|
agency of competent jurisdiction and Apple lifts the suspension as set forth
|
|
below. Such suspension of rights will be effective immediately upon Apple's
|
|
posting of a notice to such effect on the Apple web site that is used for
|
|
implementation of this License. Upon such final determination being made,
|
|
if Apple is legally able, without the payment of a fee or royalty, to resume
|
|
use, reproduction, modification, sublicensing and distribution of the Affected
|
|
Original Code, Apple will lift the suspension of rights to the Affected Original
|
|
Code by posting a notice to such effect on the Apple web site that is used
|
|
for implementation of this License. If Apple suspends Your rights to Affected
|
|
Original Code, nothing in this License shall be construed to restrict You,
|
|
at Your option and subject to applicable law, from replacing the Affected
|
|
Original Code with non-infringing code or independently negotiating for necessary
|
|
rights from such third party.
|
|
|
|
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
|
|
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
|
|
OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
|
|
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
|
|
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
|
|
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
|
|
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
|
|
liability to You for all damages under this License exceed the amount of fifty
|
|
dollars ($50.00).
|
|
|
|
10. Trademarks. This License does not grant any rights to use the trademarks
|
|
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
|
|
any other trademarks or trade names belonging to Apple (collectively "Apple
|
|
Marks") and no Apple Marks may be used to endorse or promote products derived
|
|
from the Original Code other than as permitted by and in strict compliance
|
|
at all times with Apple's third party trademark usage guidelines which are
|
|
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
|
|
|
11. Ownership. Apple retains all rights, title and interest in and to the
|
|
Original Code and any Modifications made by or on behalf of Apple ("Apple
|
|
Modifications"), and such Apple Modifications will not be automatically subject
|
|
to this License. Apple may, at its sole discretion, choose to license such
|
|
Apple Modifications under this License, or on different terms from those contained
|
|
in this License or may choose not to license them at all. Apple's development,
|
|
use, reproduction, modification, sublicensing and distribution of Covered
|
|
Code will not be subject to this License.
|
|
|
|
12. Termination.
|
|
|
|
12.1 Termination. This License and the rights granted hereunder will terminate:
|
|
|
|
(a) automatically without notice from Apple if You fail to comply with any
|
|
term(s) of this License and fail to cure such breach within 30 days of becoming
|
|
aware of such breach;
|
|
|
|
(b) immediately in the event of the circumstances described in Section 13.5(b);
|
|
or
|
|
|
|
(c) automatically without notice from Apple if You, at any time during the
|
|
term of this License, commence an action for patent infringement against Apple.
|
|
|
|
12.2 Effect of Termination. Upon termination, You agree to immediately stop
|
|
any further use, reproduction, modification, sublicensing and distribution
|
|
of the Covered Code and to destroy all copies of the Covered Code that are
|
|
in your possession or control. All sublicenses to the Covered Code which have
|
|
been properly granted prior to termination shall survive any termination of
|
|
this License. Provisions which, by their nature, should remain in effect beyond
|
|
the termination of this License shall survive, including but not limited to
|
|
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to
|
|
the other for compensation, indemnity or damages of any sort solely as a result
|
|
of terminating this License in accordance with its terms, and termination
|
|
of this License will be without prejudice to any other right or remedy of
|
|
either party.
|
|
|
|
13. Miscellaneous.
|
|
|
|
13.1 Government End Users. The Covered Code is a "commercial item" as defined
|
|
in FAR 2.101. Government software and technical data rights in the Covered
|
|
Code include only those rights customarily provided to the public as defined
|
|
in this License. This customary commercial license in technical data and software
|
|
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
|
|
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
|
|
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
|
|
or Computer Software Documentation). Accordingly, all U.S. Government End
|
|
Users acquire Covered Code with only those rights set forth herein.
|
|
|
|
13.2 Relationship of Parties. This License will not be construed as creating
|
|
an agency, partnership, joint venture or any other form of legal association
|
|
between You and Apple, and You will not represent to the contrary, whether
|
|
expressly, by implication, appearance or otherwise.
|
|
|
|
13.3 Independent Development. Nothing in this License will impair Apple's
|
|
right to acquire, license, develop, have others develop for it, market and/or
|
|
distribute technology or products that perform the same or similar functions
|
|
as, or otherwise compete with, Modifications, Larger Works, technology or
|
|
products that You may
|
|
|
|
develop, produce, market or distribute.
|
|
|
|
13.4 Waiver; Construction. Failure by Apple to enforce any provision of this
|
|
License will not be deemed a waiver of future enforcement of that or any other
|
|
provision. Any law or regulation which provides that the language of a contract
|
|
shall be construed against the drafter will not apply to this License.
|
|
|
|
13.5 Severability. (a) If for any reason a court of competent jurisdiction
|
|
finds any provision of this License, or portion thereof, to be unenforceable,
|
|
that provision of the License will be enforced to the maximum extent permissible
|
|
so as to effect the economic benefits and intent of the parties, and the remainder
|
|
of this License will continue in full force and effect. (b) Notwithstanding
|
|
the foregoing, if applicable law prohibits or restricts You from fully and/or
|
|
specifically complying with Sections 2 and/or 3 or prevents the enforceability
|
|
of either of those Sections, this License will immediately terminate and You
|
|
must immediately discontinue any use of the Covered Code and destroy all copies
|
|
of it that are in your possession or control.
|
|
|
|
13.6 Dispute Resolution. Any litigation or other dispute resolution between
|
|
You and Apple relating to this License shall take place in the Northern District
|
|
of California, and You and Apple hereby consent to the personal jurisdiction
|
|
of, and venue in, the state and federal courts within that District with respect
|
|
to this License. The application of the United Nations Convention on Contracts
|
|
for the International Sale of Goods is expressly excluded.
|
|
|
|
13.7 Entire Agreement; Governing Law. This License constitutes the entire
|
|
agreement between the parties with respect to the subject matter hereof. This
|
|
License shall be governed by the laws of the United States and the State of
|
|
California, except that body of California law concerning conflicts of law.
|
|
|
|
Where You are located in the province of Quebec, Canada, the following clause
|
|
applies: The parties hereby confirm that they have requested that this License
|
|
and all related documents be drafted in English. Les parties ont exige que
|
|
le present contrat et tous les documents connexes soient rediges en anglais.
|
|
EXHIBIT A.
|
|
|
|
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved.
|
|
This file contains Original Code and/or Modifications of Original Code as
|
|
defined in and that are subject to the Apple Public Source License Version
|
|
1.1 (the "License"). You may not use this file except in compliance with the
|
|
License. Please obtain a copy of the License at http://www.apple.com/publicsource
|
|
and read it before using this file.
|
|
|
|
The Original Code and all software distributed under the License are distributed
|
|
on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
|
|
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
|
|
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
|
|
INFRINGEMENT. Please see the License for the specific language governing rights
|
|
and limitations under the License."
|