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Wed Mar 24 23:01:25 2004 UTC (10 years, 10 months ago) by eradicator
Branch: MAIN
CVS Tags: HEAD
Adding Apple Public Source License 2.0

1 eradicator 1.1 APPLE PUBLIC SOURCE LICENSE
2     Version 2.0 - August 6, 2003
3    
4     Please read this License carefully before downloading this software.
5     By downloading or using this software, you are agreeing to be bound by
6     the terms of this License. If you do not or cannot agree to the terms
7     of this License, please do not download or use the software.
8    
9     1. General; Definitions. This License applies to any program or other
10     work which Apple Computer, Inc. ("Apple") makes publicly available and
11     which contains a notice placed by Apple identifying such program or
12     work as "Original Code" and stating that it is subject to the terms of
13     this Apple Public Source License version 2.0 ("License"). As used in
14     this License:
15    
16     1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
17     the grantor of rights, (i) claims of patents that are now or hereafter
18     acquired, owned by or assigned to Apple and (ii) that cover subject
19     matter contained in the Original Code, but only to the extent
20     necessary to use, reproduce and/or distribute the Original Code
21     without infringement; and (b) in the case where You are the grantor of
22     rights, (i) claims of patents that are now or hereafter acquired,
23     owned by or assigned to You and (ii) that cover subject matter in Your
24     Modifications, taken alone or in combination with Original Code.
25    
26     1.2 "Contributor" means any person or entity that creates or
27     contributes to the creation of Modifications.
28    
29     1.3 "Covered Code" means the Original Code, Modifications, the
30     combination of Original Code and any Modifications, and/or any
31     respective portions thereof.
32    
33     1.4 "Externally Deploy" means: (a) to sublicense, distribute or
34     otherwise make Covered Code available, directly or indirectly, to
35     anyone other than You; and/or (b) to use Covered Code, alone or as
36     part of a Larger Work, in any way to provide a service, including but
37     not limited to delivery of content, through electronic communication
38     with a client other than You.
39    
40     1.5 "Larger Work" means a work which combines Covered Code or portions
41     thereof with code not governed by the terms of this License.
42    
43     1.6 "Modifications" mean any addition to, deletion from, and/or change
44     to, the substance and/or structure of the Original Code, any previous
45     Modifications, the combination of Original Code and any previous
46     Modifications, and/or any respective portions thereof. When code is
47     released as a series of files, a Modification is: (a) any addition to
48     or deletion from the contents of a file containing Covered Code;
49     and/or (b) any new file or other representation of computer program
50     statements that contains any part of Covered Code.
51    
52     1.7 "Original Code" means (a) the Source Code of a program or other
53     work as originally made available by Apple under this License,
54     including the Source Code of any updates or upgrades to such programs
55     or works made available by Apple under this License, and that has been
56     expressly identified by Apple as such in the header file(s) of such
57     work; and (b) the object code compiled from such Source Code and
58     originally made available by Apple under this License.
59    
60     1.8 "Source Code" means the human readable form of a program or other
61     work that is suitable for making modifications to it, including all
62     modules it contains, plus any associated interface definition files,
63     scripts used to control compilation and installation of an executable
64     (object code).
65    
66     1.9 "You" or "Your" means an individual or a legal entity exercising
67     rights under this License. For legal entities, "You" or "Your"
68     includes any entity which controls, is controlled by, or is under
69     common control with, You, where "control" means (a) the power, direct
70     or indirect, to cause the direction or management of such entity,
71     whether by contract or otherwise, or (b) ownership of fifty percent
72     (50%) or more of the outstanding shares or beneficial ownership of
73     such entity.
74    
75     2. Permitted Uses; Conditions & Restrictions. Subject to the terms
76     and conditions of this License, Apple hereby grants You, effective on
77     the date You accept this License and download the Original Code, a
78     world-wide, royalty-free, non-exclusive license, to the extent of
79     Apple's Applicable Patent Rights and copyrights covering the Original
80     Code, to do the following:
81    
82     2.1 Unmodified Code. You may use, reproduce, display, perform,
83     internally distribute within Your organization, and Externally Deploy
84     verbatim, unmodified copies of the Original Code, for commercial or
85     non-commercial purposes, provided that in each instance:
86    
87     (a) You must retain and reproduce in all copies of Original Code the
88     copyright and other proprietary notices and disclaimers of Apple as
89     they appear in the Original Code, and keep intact all notices in the
90     Original Code that refer to this License; and
91    
92     (b) You must include a copy of this License with every copy of Source
93     Code of Covered Code and documentation You distribute or Externally
94     Deploy, and You may not offer or impose any terms on such Source Code
95     that alter or restrict this License or the recipients' rights
96     hereunder, except as permitted under Section 6.
97    
98     2.2 Modified Code. You may modify Covered Code and use, reproduce,
99     display, perform, internally distribute within Your organization, and
100     Externally Deploy Your Modifications and Covered Code, for commercial
101     or non-commercial purposes, provided that in each instance You also
102     meet all of these conditions:
103    
104     (a) You must satisfy all the conditions of Section 2.1 with respect to
105     the Source Code of the Covered Code;
106    
107     (b) You must duplicate, to the extent it does not already exist, the
108     notice in Exhibit A in each file of the Source Code of all Your
109     Modifications, and cause the modified files to carry prominent notices
110     stating that You changed the files and the date of any change; and
111    
112     (c) If You Externally Deploy Your Modifications, You must make
113     Source Code of all Your Externally Deployed Modifications either
114     available to those to whom You have Externally Deployed Your
115     Modifications, or publicly available. Source Code of Your Externally
116     Deployed Modifications must be released under the terms set forth in
117     this License, including the license grants set forth in Section 3
118     below, for as long as you Externally Deploy the Covered Code or twelve
119     (12) months from the date of initial External Deployment, whichever is
120     longer. You should preferably distribute the Source Code of Your
121     Externally Deployed Modifications electronically (e.g. download from a
122     web site).
123    
124     2.3 Distribution of Executable Versions. In addition, if You
125     Externally Deploy Covered Code (Original Code and/or Modifications) in
126     object code, executable form only, You must include a prominent
127     notice, in the code itself as well as in related documentation,
128     stating that Source Code of the Covered Code is available under the
129     terms of this License with information on how and where to obtain such
130     Source Code.
131    
132     2.4 Third Party Rights. You expressly acknowledge and agree that
133     although Apple and each Contributor grants the licenses to their
134     respective portions of the Covered Code set forth herein, no
135     assurances are provided by Apple or any Contributor that the Covered
136     Code does not infringe the patent or other intellectual property
137     rights of any other entity. Apple and each Contributor disclaim any
138     liability to You for claims brought by any other entity based on
139     infringement of intellectual property rights or otherwise. As a
140     condition to exercising the rights and licenses granted hereunder, You
141     hereby assume sole responsibility to secure any other intellectual
142     property rights needed, if any. For example, if a third party patent
143     license is required to allow You to distribute the Covered Code, it is
144     Your responsibility to acquire that license before distributing the
145     Covered Code.
146    
147     3. Your Grants. In consideration of, and as a condition to, the
148     licenses granted to You under this License, You hereby grant to any
149     person or entity receiving or distributing Covered Code under this
150     License a non-exclusive, royalty-free, perpetual, irrevocable license,
151     under Your Applicable Patent Rights and other intellectual property
152     rights (other than patent) owned or controlled by You, to use,
153     reproduce, display, perform, modify, sublicense, distribute and
154     Externally Deploy Your Modifications of the same scope and extent as
155     Apple's licenses under Sections 2.1 and 2.2 above.
156    
157     4. Larger Works. You may create a Larger Work by combining Covered
158     Code with other code not governed by the terms of this License and
159     distribute the Larger Work as a single product. In each such instance,
160     You must make sure the requirements of this License are fulfilled for
161     the Covered Code or any portion thereof.
162    
163     5. Limitations on Patent License. Except as expressly stated in
164     Section 2, no other patent rights, express or implied, are granted by
165     Apple herein. Modifications and/or Larger Works may require additional
166     patent licenses from Apple which Apple may grant in its sole
167     discretion.
168    
169     6. Additional Terms. You may choose to offer, and to charge a fee for,
170     warranty, support, indemnity or liability obligations and/or other
171     rights consistent with the scope of the license granted herein
172     ("Additional Terms") to one or more recipients of Covered Code.
173     However, You may do so only on Your own behalf and as Your sole
174     responsibility, and not on behalf of Apple or any Contributor. You
175     must obtain the recipient's agreement that any such Additional Terms
176     are offered by You alone, and You hereby agree to indemnify, defend
177     and hold Apple and every Contributor harmless for any liability
178     incurred by or claims asserted against Apple or such Contributor by
179     reason of any such Additional Terms.
180    
181     7. Versions of the License. Apple may publish revised and/or new
182     versions of this License from time to time. Each version will be given
183     a distinguishing version number. Once Original Code has been published
184     under a particular version of this License, You may continue to use it
185     under the terms of that version. You may also choose to use such
186     Original Code under the terms of any subsequent version of this
187     License published by Apple. No one other than Apple has the right to
188     modify the terms applicable to Covered Code created under this
189     License.
190    
191     8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
192     part pre-release, untested, or not fully tested works. The Covered
193     Code may contain errors that could cause failures or loss of data, and
194     may be incomplete or contain inaccuracies. You expressly acknowledge
195     and agree that use of the Covered Code, or any portion thereof, is at
196     Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
197     WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
198     APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
199     PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
200     ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
201     NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
202     MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
203     PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
204     PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
205     INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
206     FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
207     THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
208     ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
209     ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
210     AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
211     You acknowledge that the Covered Code is not intended for use in the
212     operation of nuclear facilities, aircraft navigation, communication
213     systems, or air traffic control machines in which case the failure of
214     the Covered Code could lead to death, personal injury, or severe
215     physical or environmental damage.
216    
217     9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
218     EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
219     SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
220     TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
221     ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
222     TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
223     APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
224     DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
225     REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
226     INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
227     TO YOU. In no event shall Apple's total liability to You for all
228     damages (other than as may be required by applicable law) under this
229     License exceed the amount of fifty dollars ($50.00).
230    
231     10. Trademarks. This License does not grant any rights to use the
232     trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
233     "QuickTime", "QuickTime Streaming Server" or any other trademarks,
234     service marks, logos or trade names belonging to Apple (collectively
235     "Apple Marks") or to any trademark, service mark, logo or trade name
236     belonging to any Contributor. You agree not to use any Apple Marks in
237     or as part of the name of products derived from the Original Code or
238     to endorse or promote products derived from the Original Code other
239     than as expressly permitted by and in strict compliance at all times
240     with Apple's third party trademark usage guidelines which are posted
241     at http://www.apple.com/legal/guidelinesfor3rdparties.html.
242    
243     11. Ownership. Subject to the licenses granted under this License,
244     each Contributor retains all rights, title and interest in and to any
245     Modifications made by such Contributor. Apple retains all rights,
246     title and interest in and to the Original Code and any Modifications
247     made by or on behalf of Apple ("Apple Modifications"), and such Apple
248     Modifications will not be automatically subject to this License. Apple
249     may, at its sole discretion, choose to license such Apple
250     Modifications under this License, or on different terms from those
251     contained in this License or may choose not to license them at all.
252    
253     12. Termination.
254    
255     12.1 Termination. This License and the rights granted hereunder will
256     terminate:
257    
258     (a) automatically without notice from Apple if You fail to comply with
259     any term(s) of this License and fail to cure such breach within 30
260     days of becoming aware of such breach;
261    
262     (b) immediately in the event of the circumstances described in Section
263     13.5(b); or
264    
265     (c) automatically without notice from Apple if You, at any time during
266     the term of this License, commence an action for patent infringement
267     against Apple; provided that Apple did not first commence
268     an action for patent infringement against You in that instance.
269    
270     12.2 Effect of Termination. Upon termination, You agree to immediately
271     stop any further use, reproduction, modification, sublicensing and
272     distribution of the Covered Code. All sublicenses to the Covered Code
273     which have been properly granted prior to termination shall survive
274     any termination of this License. Provisions which, by their nature,
275     should remain in effect beyond the termination of this License shall
276     survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
277     12.2 and 13. No party will be liable to any other for compensation,
278     indemnity or damages of any sort solely as a result of terminating
279     this License in accordance with its terms, and termination of this
280     License will be without prejudice to any other right or remedy of
281     any party.
282    
283     13. Miscellaneous.
284    
285     13.1 Government End Users. The Covered Code is a "commercial item" as
286     defined in FAR 2.101. Government software and technical data rights in
287     the Covered Code include only those rights customarily provided to the
288     public as defined in this License. This customary commercial license
289     in technical data and software is provided in accordance with FAR
290     12.211 (Technical Data) and 12.212 (Computer Software) and, for
291     Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
292     Commercial Items) and 227.7202-3 (Rights in Commercial Computer
293     Software or Computer Software Documentation). Accordingly, all U.S.
294     Government End Users acquire Covered Code with only those rights set
295     forth herein.
296    
297     13.2 Relationship of Parties. This License will not be construed as
298     creating an agency, partnership, joint venture or any other form of
299     legal association between or among You, Apple or any Contributor, and
300     You will not represent to the contrary, whether expressly, by
301     implication, appearance or otherwise.
302    
303     13.3 Independent Development. Nothing in this License will impair
304     Apple's right to acquire, license, develop, have others develop for
305     it, market and/or distribute technology or products that perform the
306     same or similar functions as, or otherwise compete with,
307     Modifications, Larger Works, technology or products that You may
308     develop, produce, market or distribute.
309    
310     13.4 Waiver; Construction. Failure by Apple or any Contributor to
311     enforce any provision of this License will not be deemed a waiver of
312     future enforcement of that or any other provision. Any law or
313     regulation which provides that the language of a contract shall be
314     construed against the drafter will not apply to this License.
315    
316     13.5 Severability. (a) If for any reason a court of competent
317     jurisdiction finds any provision of this License, or portion thereof,
318     to be unenforceable, that provision of the License will be enforced to
319     the maximum extent permissible so as to effect the economic benefits
320     and intent of the parties, and the remainder of this License will
321     continue in full force and effect. (b) Notwithstanding the foregoing,
322     if applicable law prohibits or restricts You from fully and/or
323     specifically complying with Sections 2 and/or 3 or prevents the
324     enforceability of either of those Sections, this License will
325     immediately terminate and You must immediately discontinue any use of
326     the Covered Code and destroy all copies of it that are in your
327     possession or control.
328    
329     13.6 Dispute Resolution. Any litigation or other dispute resolution
330     between You and Apple relating to this License shall take place in the
331     Northern District of California, and You and Apple hereby consent to
332     the personal jurisdiction of, and venue in, the state and federal
333     courts within that District with respect to this License. The
334     application of the United Nations Convention on Contracts for the
335     International Sale of Goods is expressly excluded.
336    
337     13.7 Entire Agreement; Governing Law. This License constitutes the
338     entire agreement between the parties with respect to the subject
339     matter hereof. This License shall be governed by the laws of the
340     United States and the State of California, except that body of
341     California law concerning conflicts of law.
342    
343     Where You are located in the province of Quebec, Canada, the following
344     clause applies: The parties hereby confirm that they have requested
345     that this License and all related documents be drafted in English. Les
346     parties ont exige que le present contrat et tous les documents
347     connexes soient rediges en anglais.
348    
349     EXHIBIT A.
350    
351     "Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
352     Reserved.
353    
354     This file contains Original Code and/or Modifications of Original Code
355     as defined in and that are subject to the Apple Public Source License
356     Version 2.0 (the 'License'). You may not use this file except in
357     compliance with the License. Please obtain a copy of the License at
358     http://www.opensource.apple.com/apsl/ and read it before using this
359     file.
360    
361     The Original Code and all software distributed under the License are
362     distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
363     EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
364     INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
365     FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
366     Please see the License for the specific language governing rights and
367     limitations under the License."

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