1 2APPLE PUBLIC SOURCE LICENSE 3Version 1.0 - March 16, 1999 4 5Please read this License carefully before downloading this software. 6By downloading and using this software, you are agreeing to be bound by 7the terms of this License. If you do not or cannot agree to the terms 8of this License, please do not download or use the software. 9 101. General; Definitions. This License applies to any program or other 11work which Apple Computer, Inc. ("Apple") publicly announces as 12subject to this Apple Public Source License and which contains a 13notice placed by Apple identifying such program or work as "Original 14Code" and stating that it is subject to the terms of this Apple Public 15Source License version 1.0 (or subsequent version thereof), as it may 16be revised from time to time by Apple ("License"). As used in this 17License: 18 191.1 "Applicable Patents" mean: (a) in the case where Apple is the 20grantor of rights, (i) patents or patent applications that are now 21or hereafter acquired, owned by or assigned to Apple and (ii) whose 22claims cover subject matter contained in the Original Code, but only 23to the extent necessary to use, reproduce and/or distribute the 24Original Code without infringement; and (b) in the case where You 25are the grantor of rights, (i) patents and patent applications that 26are now or hereafter acquired, owned by or assigned to You and (ii) 27whose claims cover subject matter in Your Modifications, taken alone 28or in combination with Original Code. 29 301.2 "Covered Code" means the Original Code, Modifications, the 31combination of Original Code and any Modifications, and/or any 32respective portions thereof. 33 341.3 "Deploy" means to use, sublicense or distribute Covered Code other 35than for Your internal research and development (R&D), and includes 36without limitation, any and all internal use or distribution of 37Covered Code within Your business or organization except for R&D use, 38as well as direct or indirect sublicensing or distribution of Covered 39Code by You to any third party in any form or manner. 40 411.4 "Larger Work" means a work which combines Covered Code or portions 42thereof with code not governed by the terms of this License. 43 441.5 "Modifications" mean any addition to, deletion from, and/or change 45to, the substance and/or structure of Covered Code. When code is 46released as a series of files, a Modification is: (a) any addition to 47or deletion from the contents of a file containing Covered Code; 48and/or (b) any new file or other representation of computer program 49statements that contains any part of Covered Code. 50 511.6 "Original Code" means the Source Code of a program or other work 52as originally made available by Apple under this License, including 53the Source Code of any updates or upgrades to such programs or works 54made available by Apple under this License, and that has been 55expressly identified by Apple as such in the header file(s) of such 56work. 57 581.7 "Source Code" means the human readable form of a program or other 59work that is suitable for making modifications to it, including all 60modules it contains, plus any associated interface definition files, 61scripts used to control compilation and installation of an executable 62(object code). 63 641.8 "You" or "Your" means an individual or a legal entity exercising 65rights under this License. For legal entities, "You" or "Your" 66includes any entity which controls, is controlled by, or is under 67common control with, You, where "control" means (a) the power, direct 68or indirect, to cause the direction or management of such entity, 69whether by contract or otherwise, or (b) ownership of fifty percent 70(50%) or more of the outstanding shares or beneficial ownership of 71such entity. 72 732. Permitted Uses; Conditions & Restrictions. Subject to the terms 74and conditions of this License, Apple hereby grants You, effective on 75the date You accept this License and download the Original Code, a 76world-wide, royalty-free, non-exclusive license, to the extent of 77Apple`s Applicable Patents and copyrights covering the Original 78Code, to do the following: 79 802.1 You may use, copy, modify and distribute Original Code, with or 81without Modifications, solely for Your internal research and 82development, provided that You must in each instance: 83 84(a) retain and reproduce in all copies of Original Code the copyright 85and other proprietary notices and disclaimers of Apple as they appear 86in the Original Code, and keep intact all notices in the Original Code 87that refer to this License; 88 89(b) include a copy of this License with every copy of Source Code of 90Covered Code and documentation You distribute, and You may not offer 91or impose any terms on such Source Code that alter or restrict this 92License or the recipients` rights hereunder, except as permitted under 93Section 6; and 94 95(c) completely and accurately document all Modifications that you have 96made and the date of each such Modification, designate the version of 97the Original Code you used, prominently include a file carrying such 98information with the Modifications, and duplicate the notice in 99Exhibit A in each file of the Source Code of all such Modifications. 100 1012.2 You may Deploy Covered Code, provided that You must in each 102instance: 103 104(a) satisfy all the conditions of Section 2.1 with respect to the 105Source Code of the Covered Code; 106 107(b) make all Your Deployed Modifications publicly available in Source 108Code form via electronic distribution (e.g. download from a web site) 109under the terms of this License and subject to the license grants set 110forth in Section 3 below, and any additional terms You may choose to 111offer under Section 6. You must continue to make the Source Code of 112Your Deployed Modifications available for as long as you Deploy the 113Covered Code or twelve (12) months from the date of initial 114Deployment, whichever is longer; 115 116(c) must notify Apple and other third parties of how to obtain Your 117Deployed Modifications by filling out and submitting the required 118information found at 119http://www.apple.com/publicsource/modifications.html; and 120 121(d) if you Deploy Covered Code in object code, executable form only, 122include a prominent notice, in the code itself as well as in related 123documentation, stating that Source Code of the Covered Code is 124available under the terms of this License with information on how and 125where to obtain such Source Code. 126 1273. Your Grants. In consideration of, and as a condition to, the 128licenses granted to You under this License: 129 130(a) You hereby grant to Apple and all third parties a non-exclusive, 131royalty-free license, under Your Applicable Patents and other 132intellectual property rights owned or controlled by You, to use, 133reproduce, modify, distribute and Deploy Your Modifications of the 134same scope and extent as Apple`s licenses under Sections 2.1 and 2.2; 135and 136 137(b) You hereby grant to Apple and its subsidiaries a non-exclusive, 138worldwide, royalty-free, perpetual and irrevocable license, under Your 139Applicable Patents and other intellectual property rights owned or 140controlled by You, to use, reproduce, execute, compile, display, 141perform, modify or have modified (for Apple and/or its subsidiaries), 142sublicense and distribute Your Modifications, in any form, through 143multiple tiers of distribution. 144 1454. Larger Works. You may create a Larger Work by combining Covered 146Code with other code not governed by the terms of this License and 147distribute the Larger Work as a single product. In each such 148instance, You must make sure the requirements of this License are 149fulfilled for the Covered Code or any portion thereof. 150 1515. Limitations on Patent License. Except as expressly stated in 152Section 2, no other patent rights, express or implied, are granted 153by Apple herein. Modifications and/or Larger Works may require 154additional patent licenses from Apple which Apple may grant in its 155sole discretion. 156 1576. Additional Terms. You may choose to offer, and to charge a fee 158for, warranty, support, indemnity or liability obligations and/or 159other rights consistent with the scope of the license granted herein 160("Additional Terms") to one or more recipients of Covered 161Code. However, You may do so only on Your own behalf and as Your 162sole responsibility, and not on behalf of Apple. You must obtain the 163recipient`s agreement that any such Additional Terms are offered by 164You alone, and You hereby agree to indemnify, defend and hold Apple 165harmless for any liability incurred by or claims asserted against 166Apple by reason of any such Additional Terms. 167 1687. Versions of the License. Apple may publish revised and/or new 169versions of this License from time to time. Each version will be 170given a distinguishing version number. Once Original Code has been 171published under a particular version of this License, You may 172continue to use it under the terms of that version. You may also 173choose to use such Original Code under the terms of any subsequent 174version of this License published by Apple. No one other than Apple 175has the right to modify the terms applicable to Covered Code created 176under this License. 177 1788. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or 179in part pre-release, untested, or not fully tested works. The 180Original Code may contain errors that could cause failures or loss 181of data, and may be incomplete or contain inaccuracies. You 182expressly acknowledge and agree that use of the Original Code, or 183any portion thereof, is at Your sole and entire risk. THE ORIGINAL 184CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT 185OF ANY KIND AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF 186SECTIONS 8 AND 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY 187REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR 188CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 189IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR 190SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND 191NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT 192THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR 193REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE 194UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE 195WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN 196BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A 197WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You 198acknowledge that the Original Code is not intended for use in the 199operation of nuclear facilities, aircraft navigation, communication 200systems, or air traffic control machines in which case the failure 201of the Original Code could lead to death, personal injury, or severe 202physical or environmental damage. 203 2049. Liability. 205 2069.1 Infringement. If any of the Original Code becomes the subject of 207a claim of infringement ("Affected Original Code"), Apple may, at 208its sole discretion and option: (a) attempt to procure the rights 209necessary for You to continue using the Affected Original Code; (b) 210modify the Affected Original Code so that it is no longer 211infringing; or (c) terminate Your rights to use the Affected 212Original Code, effective immediately upon Apple`s posting of a 213notice to such effect on the Apple web site that is used for 214implementation of this License. 215 2169.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE 217LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL 218DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR 219INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER 220UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), 221PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF 222THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF 223ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple`s total 224liability to You for all damages under this License exceed the 225amount of fifty dollars ($50.00). 226 22710. Trademarks. This License does not grant any rights to use the 228trademarks or trade names "Apple", "Apple Computer", "Mac OS X", 229"Mac OS X Server" or any other trademarks or trade names belonging 230to Apple (collectively "Apple Marks") and no Apple Marks may be 231used to endorse or promote products derived from the Original Code 232other than as permitted by and in strict compliance at all times 233with Apple`s third party trademark usage guidelines which are 234posted at http://www.apple.com/legal/guidelinesfor3rdparties.html. 235 23611. Ownership. Apple retains all rights, title and interest in and to 237the Original Code and any Modifications made by or on behalf of 238Apple ("Apple Modifications"), and such Apple Modifications will 239not be automatically subject to this License. Apple may, at its 240sole discretion, choose to license such Apple Modifications under 241this License, or on different terms from those contained in this 242License or may choose not to license them at all. Apple`s 243development, use, reproduction, modification, sublicensing and 244distribution of Covered Code will not be subject to this License. 245 24612. Termination. 247 24812.1 Termination. This License and the rights granted hereunder will 249terminate: 250 251(a) automatically without notice from Apple if You fail to comply with 252any term(s) of this License and fail to cure such breach within 30 253days of becoming aware of such breach; (b) immediately in the event of 254the circumstances described in Sections 9.1 and/or 13.6(b); or (c) 255automatically without notice from Apple if You, at any time during the 256term of this License, commence an action for patent infringement 257against Apple. 258 25912.2 Effect of Termination. Upon termination, You agree to 260immediately stop any further use, reproduction, modification and 261distribution of the Covered Code, or Affected Original Code in the 262case of termination under Section 9.1, and to destroy all copies of 263the Covered Code or Affected Original Code (in the case of 264termination under Section 9.1) that are in your possession or 265control. All sublicenses to the Covered Code which have been 266properly granted prior to termination shall survive any termination 267of this License. Provisions which, by their nature, should remain 268in effect beyond the termination of this License shall survive, 269including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 27013. Neither party will be liable to the other for compensation, 271indemnity or damages of any sort solely as a result of terminating 272this License in accordance with its terms, and termination of this 273License will be without prejudice to any other right or remedy of 274either party. 275 27613. Miscellaneous. 277 27813.1 Export Law Assurances. You may not use or otherwise export or 279re-export the Original Code except as authorized by United States 280law and the laws of the jurisdiction in which the Original Code was 281obtained. In particular, but without limitation, the Original Code 282may not be exported or re-exported (a) into (or to a national or 283resident of) any U.S. embargoed country or (b) to anyone on the 284U.S. Treasury Department`s list of Specially Designated Nationals 285or the U.S. Department of Commerce`s Table of Denial Orders. By 286using the Original Code, You represent and warrant that You are not 287located in, under control of, or a national or resident of any such 288country or on any such list. 289 29013.2 Government End Users. The Covered Code is a "commercial item" as 291defined in FAR 2.101. Government software and technical data 292rights in the Covered Code include only those rights customarily 293provided to the public as defined in this License. This customary 294commercial license in technical data and software is provided in 295accordance with FAR 12.211 (Technical Data) and 12.212 (Computer 296Software) and, for Department of Defense purchases, DFAR 297252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 298(Rights in Commercial Computer Software or Computer Software 299Documentation). Accordingly, all U.S. Government End Users acquire 300Covered Code with only those rights set forth herein. 301 30213.3 Relationship of Parties. This License will not be construed as 303creating an agency, partnership, joint venture or any other form of 304legal association between You and Apple, and You will not represent 305to the contrary, whether expressly, by implication, appearance or 306otherwise. 307 30813.4 Independent Development. Nothing in this License will impair 309Apple`s right to acquire, license, develop, have others develop for 310it, market and/or distribute technology or products that perform 311the same or similar functions as, or otherwise compete with, 312Modifications, Larger Works, technology or products that You may 313develop, produce, market or distribute. 314 31513.5 Waiver; Construction. Failure by Apple to enforce any provision 316of this License will not be deemed a waiver of future enforcement 317of that or any other provision. Any law or regulation which 318provides that the language of a contract shall be construed against 319the drafter will not apply to this License. 320 32113.6 Severability. (a) If for any reason a court of competent 322jurisdiction finds any provision of this License, or portion 323thereof, to be unenforceable, that provision of the License will be 324enforced to the maximum extent permissible so as to effect the 325economic benefits and intent of the parties, and the remainder of 326this License will continue in full force and effect. (b) 327Notwithstanding the foregoing, if applicable law prohibits or 328restricts You from fully and/or specifically complying with 329Sections 2 and/or 3 or prevents the enforceability of either of 330those Sections, this License will immediately terminate and You 331must immediately discontinue any use of the Covered Code and 332destroy all copies of it that are in your possession or control. 333 33413.7 Dispute Resolution. Any litigation or other dispute resolution 335between You and Apple relating to this License shall take place in 336the Northern District of California, and You and Apple hereby 337consent to the personal jurisdiction of, and venue in, the state 338and federal courts within that District with respect to this 339License. The application of the United Nations Convention on 340Contracts for the International Sale of Goods is expressly 341excluded. 342 34313.8 Entire Agreement; Governing Law. This License constitutes the 344entire agreement between the parties with respect to the subject 345matter hereof. This License shall be governed by the laws of the 346United States and the State of California, except that body of 347California law concerning conflicts of law. 348 349Where You are located in the province of Quebec, Canada, the following 350clause applies: The parties hereby confirm that they have requested 351that this License and all related documents be drafted in English. Les 352parties ont exige que le present contrat et tous les documents 353connexes soient rediges en anglais. 354 355EXHIBIT A. 356 357"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights 358Reserved. This file contains Original Code and/or Modifications of 359Original Code as defined in and that are subject to the Apple Public 360Source License Version 1.0 (the `License`). You may not use this file 361except in compliance with the License. Please obtain a copy of the 362License at http://www.apple.com/publicsource and read it before using 363this file. 364 365The Original Code and all software distributed under the License are 366distributed on an `AS IS` basis, WITHOUT WARRANTY OF ANY KIND, EITHER 367EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 368INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, 369FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the 370License for the specific language governing rights and limitations 371under the License." 372 373