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325 lines
20 KiB
Text
325 lines
20 KiB
Text
APPLE PUBLIC SOURCE LICENSE
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Version 2.0 - August 6, 2003 Please read this License carefully before downloading
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this software. By downloading or using this software, you are agreeing to
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be bound by the terms of this License. If you do not or cannot agree to the
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terms of this License, please do not download or use the software.
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Apple Note: In January 2007, Apple changed its corporate name from "Apple
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Computer, Inc." to "Apple Inc." This change has been reflected below and copyright
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years updated, but no other changes have been made to the APSL 2.0.
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1. General; Definitions. This License applies to any program or other work
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which Apple Inc. ("Apple") makes publicly available and which contains a notice
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placed by Apple identifying such program or work as "Original Code" and stating
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that it is subject to the terms of this Apple Public Source License version
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2.0 ("License"). As used in this License:
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1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
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of rights, (i) claims of patents that are now or hereafter acquired, owned
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by or assigned to Apple and (ii) that cover subject matter contained in the
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Original Code, but only to the extent necessary to use, reproduce and/or distribute
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the Original Code without infringement; and (b) in the case where You are
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the grantor of rights, (i) claims of patents that are now or hereafter acquired,
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owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
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taken alone or in combination with Original Code.
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1.2 "Contributor" means any person or entity that creates or contributes to
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the creation of Modifications.
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1.3 "Covered Code" means the Original Code, Modifications, the combination
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of Original Code and any Modifications, and/or any respective portions thereof.
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1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
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make Covered Code available, directly or indirectly, to anyone other than
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You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in
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any way to provide a service, including but not limited to delivery of content,
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through electronic communication with a client other than You.
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1.5 "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.6 "Modifications" mean any addition to, deletion from, and/or change to,
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the substance and/or structure of the Original Code, any previous Modifications,
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the combination of Original Code and any previous Modifications, and/or any
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respective portions thereof. When code is released as a series of files, a
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Modification is: (a) any addition to or deletion from the contents of a file
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containing Covered Code; and/or (b) any new file or other representation of
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computer program statements that contains any part of Covered Code.
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1.7 "Original Code" means (a) the Source Code of a program or other work as
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originally made available by Apple under this License, including the Source
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Code of any updates or upgrades to such programs or works made available by
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Apple under this License, and that has been expressly identified by Apple
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as such in the header file(s) of such work; and (b) the object code compiled
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from such Source Code and originally made available by Apple under this License
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1.8 "Source Code" means the human readable form of a program or other work
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that is suitable for making modifications to it, including all modules it
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contains, plus any associated interface definition files, scripts used to
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control compilation and installation of an executable (object code).
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1.9 "You" or "Your" means an individual or a legal entity exercising rights
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under this License. For legal entities, "You" or "Your" includes any entity
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which controls, is controlled by, or is under common control with, You, where
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"control" means (a) the power, direct or indirect, to cause the direction
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or management of such entity, whether by contract or otherwise, or (b) ownership
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of fifty percent (50%) or more of the outstanding shares or beneficial ownership
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of such entity.
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2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
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of this License, Apple hereby grants You, effective on the date You accept
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this License and download the Original Code, a world-wide, royalty-free, non-exclusive
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license, to the extent of Apple's Applicable Patent Rights and copyrights
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covering the Original Code, to do the following:
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2.1 Unmodified Code. You may use, reproduce, display, perform, internally
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distribute within Your organization, and Externally Deploy verbatim, unmodified
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copies of the Original Code, for commercial or non-commercial purposes, provided
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that in each instance:
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(a) You must retain and reproduce in all copies of Original Code the copyright
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and other proprietary notices and disclaimers of Apple as they appear in the
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Original Code, and keep intact all notices in the Original Code that refer
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to this License; and
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(b) You must include a copy of this License with every copy of Source Code
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of Covered Code and documentation You distribute or Externally Deploy, and
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You may not offer or impose any terms on such Source Code that alter or restrict
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this License or the recipients' rights hereunder, except as permitted under
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Section 6.
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2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
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perform, internally distribute within Your organization, and Externally Deploy
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Your Modifications and Covered Code, for commercial or non-commercial purposes,
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provided that in each instance You also meet all of these conditions:
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(a) You must satisfy all the conditions of Section 2.1 with respect to the
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Source Code of the Covered Code;
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(b) You must duplicate, to the extent it does not already exist, the notice
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in Exhibit A in each file of the Source Code of all Your Modifications, and
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cause the modified files to carry prominent notices stating that You changed
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the files and the date of any change; and
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(c) If You Externally Deploy Your Modifications, You must make Source Code
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of all Your Externally Deployed Modifications either available to those to
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whom You have Externally Deployed Your Modifications, or publicly available.
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Source Code of Your Externally Deployed Modifications must be released under
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the terms set forth in this License, including the license grants set forth
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in Section 3 below, for as long as you Externally Deploy the Covered Code
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or twelve (12) months from the date of initial External Deployment, whichever
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is longer. You should preferably distribute the Source Code of Your Externally
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Deployed Modifications electronically (e.g. download from a web site).
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2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
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Covered Code (Original Code and/or Modifications) in object code, executable
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form only, You must include a prominent notice, in the code itself as well
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as in related documentation, stating that Source Code of the Covered Code
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is available under the terms of this License with information on how and where
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to obtain such Source Code.
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2.4 Third Party Rights. You expressly acknowledge and agree that although
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Apple and each Contributor grants the licenses to their respective portions
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of the Covered Code set forth herein, no assurances are provided by Apple
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or any Contributor that the Covered Code does not infringe the patent or other
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intellectual property rights of any other entity. Apple and each Contributor
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disclaim any liability to You for claims brought by any other entity based
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on infringement of intellectual property rights or otherwise. As a condition
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to exercising the rights and licenses granted hereunder, You hereby assume
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sole responsibility to secure any other intellectual property rights needed,
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if any. For example, if a third party patent license is required to allow
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You to distribute the Covered Code, it is Your responsibility to acquire that
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license before distributing the Covered Code.
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3. Your Grants. In consideration of, and as a condition to, the licenses granted
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to You under this License, You hereby grant to any person or entity receiving
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or distributing Covered Code under this License a non-exclusive, royalty-free,
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perpetual, irrevocable license, under Your Applicable Patent Rights and other
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intellectual property rights (other than patent) owned or controlled by You,
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to use, reproduce, display, perform, modify, sublicense, distribute and Externally
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Deploy Your Modifications of the same scope and extent as Apple's licenses
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under Sections 2.1 and 2.2 above.
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4. Larger Works. You may create a Larger Work by combining Covered Code with
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other code not governed by the terms of this License and distribute the Larger
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Work as a single product. In each such instance, You must make sure the requirements
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of this License are fulfilled for the Covered Code or any portion thereof.
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5. Limitations on Patent License. Except as expressly stated in Section 2,
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no other patent rights, express or implied, are granted by Apple herein. Modifications
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and/or Larger Works may require additional patent licenses from Apple which
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Apple may grant in its sole discretion.
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6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
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support, indemnity or liability obligations and/or other rights consistent
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with the scope of the license granted herein ("Additional Terms") to one or
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more recipients of Covered Code. However, You may do so only on Your own behalf
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and as Your sole responsibility, and not on behalf of Apple or any Contributor.
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You must obtain the recipient's agreement that any such Additional Terms are
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offered by You alone, and You hereby agree to indemnify, defend and hold Apple
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and every Contributor harmless for any liability incurred by or claims asserted
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against Apple or such Contributor by reason of any such Additional Terms.
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7. Versions of the License. Apple may publish revised and/or new versions
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of this License from time to time. Each version will be given a distinguishing
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version number. Once Original Code has been published under a particular version
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of this License, You may continue to use it under the terms of that version.
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You may also choose to use such Original Code under the terms of any subsequent
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version of this License published by Apple. No one other than Apple has the
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right to modify the terms applicable to Covered Code created under this License.
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8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
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pre-release, untested, or not fully tested works. The Covered Code may contain
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errors that could cause failures or loss of data, and may be incomplete or
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contain inaccuracies. You expressly acknowledge and agree that use of the
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Covered Code, or any portion thereof, is at Your sole and entire risk. THE
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COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
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OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
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"APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
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DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
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OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
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OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
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CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
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COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
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REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
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OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL
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OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE
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OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
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Code is not intended for use in the operation of nuclear facilities, aircraft
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navigation, communication systems, or air traffic control machines in which
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case the failure of the Covered Code could lead to death, personal injury,
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or severe physical or environmental damage.
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9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
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SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
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OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
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USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
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UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
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LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
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PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
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OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
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YOU. In no event shall Apple's total liability to You for all damages (other
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than as may be required by applicable law) under this License exceed the amount
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of fifty dollars ($50.00).
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10. Trademarks. This License does not grant any rights to use the trademarks
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or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
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Server" or any other trademarks, service marks, logos or trade names belonging
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to Apple (collectively "Apple Marks") or to any trademark, service mark, logo
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or trade name belonging to any Contributor. You agree not to use any Apple
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Marks in or as part of the name of products derived from the Original Code
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or to endorse or promote products derived from the Original Code other than
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as expressly permitted by and in strict compliance at all times with Apple's
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third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
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11. Ownership. Subject to the licenses granted under this License, each Contributor
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retains all rights, title and interest in and to any Modifications made by
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such Contributor. Apple retains all rights, title and interest in and to the
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Original Code and any Modifications made by or on behalf of Apple ("Apple
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Modifications"), and such Apple Modifications will not be automatically subject
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to this License. Apple may, at its sole discretion, choose to license such
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Apple Modifications under this License, or on different terms from those contained
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in this License or may choose not to license them at all.
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12. Termination.
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12.1 Termination. This License and the rights granted hereunder will terminate:
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(a) automatically without notice from Apple if You fail to comply with any
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term(s) of this License and fail to cure such breach within 30 days of becoming
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aware of such breach;
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(b) immediately in the event of the circumstances described in Section 13.5(b);
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or
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(c) automatically without notice from Apple if You, at any time during the
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term of this License, commence an action for patent infringement against Apple;
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provided that Apple did not first commence an action for patent infringement
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against You in that instance.
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12.2 Effect of Termination. Upon termination, You agree to immediately stop
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any further use, reproduction, modification, sublicensing and distribution
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of the Covered Code. All sublicenses to the Covered Code which have been properly
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granted prior to termination shall survive any termination of this License.
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Provisions which, by their nature, should remain in effect beyond the termination
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of this License shall survive, including but not limited to Sections 3, 5,
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8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation,
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indemnity or damages of any sort solely as a result of terminating this License
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in accordance with its terms, and termination of this License will be without
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prejudice to any other right or remedy of any party.
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13. Miscellaneous.
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13.1 Government End Users. The Covered Code is a "commercial item" as defined
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in FAR 2.101. Government software and technical data rights in the Covered
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Code include only those rights customarily provided to the public as defined
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in this License. This customary commercial license in technical data and software
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is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
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Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
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Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
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or Computer Software Documentation). Accordingly, all U.S. Government End
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Users acquire Covered Code with only those rights set forth herein.
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13.2 Relationship of Parties. This License will not be construed as creating
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an agency, partnership, joint venture or any other form of legal association
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between or among You, Apple or any Contributor, and You will not represent
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to the contrary, whether expressly, by implication, appearance or otherwise.
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13.3 Independent Development. Nothing in this License will impair Apple's
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right to acquire, license, develop, have others develop for it, market and/or
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distribute technology or products that perform the same or similar functions
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as, or otherwise compete with, Modifications, Larger Works, technology or
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products that You may develop, produce, market or distribute.
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13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
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any provision of this License will not be deemed a waiver of future enforcement
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of that or any other provision. Any law or regulation which provides that
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the language of a contract shall be construed against the drafter will not
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apply to this License.
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13.5 Severability. (a) If for any reason a court of competent jurisdiction
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finds any provision of this License, or portion thereof, to be unenforceable,
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that provision of the License will be enforced to the maximum extent permissible
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so as to effect the economic benefits and intent of the parties, and the remainder
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of this License will continue in full force and effect. (b) Notwithstanding
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the foregoing, if applicable law prohibits or restricts You from fully and/or
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specifically complying with Sections 2 and/or 3 or prevents the enforceability
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of either of those Sections, this License will immediately terminate and You
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must immediately discontinue any use of the Covered Code and destroy all copies
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of it that are in your possession or control.
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13.6 Dispute Resolution. Any litigation or other dispute resolution between
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You and Apple relating to this License shall take place in the Northern District
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of California, and You and Apple hereby consent to the personal jurisdiction
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of, and venue in, the state and federal courts within that District with respect
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to this License. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded.
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13.7 Entire Agreement; Governing Law. This License constitutes the entire
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agreement between the parties with respect to the subject matter hereof. This
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License shall be governed by the laws of the United States and the State of
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California, except that body of California law concerning conflicts of law.
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Where You are located in the province of Quebec, Canada, the following clause
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applies: The parties hereby confirm that they have requested that this License
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and all related documents be drafted in English. Les parties ont exigé que
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le présent contrat et tous les documents connexes soient rédigés en anglais.
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EXHIBIT A.
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"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved.
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This file contains Original Code and/or Modifications of Original Code as
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defined in and that are subject to the Apple Public Source License Version
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2.0 (the 'License'). You may not use this file except in compliance with the
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License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/
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and read it before using this file.
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The Original Code and all software distributed under the License are distributed
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on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
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ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
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ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
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governing rights and limitations under the License."
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