1APPLE PUBLIC SOURCE LICENSE Version 2.0 - August 6, 2003 2 3Please read this License carefully before downloading this software. By 4downloading or using this software, you are agreeing to be bound by the terms of 5this License. If you do not or cannot agree to the terms of this License, 6please do not download or use the software. 7 8Apple Note: In January 2007, Apple changed its corporate name from "Apple 9Computer, Inc." to "Apple Inc." This change has been reflected below and 10copyright years updated, but no other changes have been made to the APSL 2.0. 11 121. General; Definitions. This License applies to any program or other work 13which Apple Inc. ("Apple") makes publicly available and which contains a notice 14placed by Apple identifying such program or work as "Original Code" and stating 15that it is subject to the terms of this Apple Public Source License version 2.0 16("License"). As used in this License: 17 181.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the 19grantor of rights, (i) claims of patents that are now or hereafter acquired, 20owned by or assigned to Apple and (ii) that cover subject matter contained in 21the Original Code, but only to the extent necessary to use, reproduce and/or 22distribute the Original Code without infringement; and (b) in the case where You 23are the grantor of rights, (i) claims of patents that are now or hereafter 24acquired, owned by or assigned to You and (ii) that cover subject matter in Your 25Modifications, taken alone or in combination with Original Code. 26 271.2 "Contributor" means any person or entity that creates or contributes to the 28creation of Modifications. 29 301.3 "Covered Code" means the Original Code, Modifications, the combination of 31Original Code and any Modifications, and/or any respective portions thereof. 32 331.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make 34Covered Code available, directly or indirectly, to anyone other than You; and/or 35(b) to use Covered Code, alone or as part of a Larger Work, in any way to 36provide a service, including but not limited to delivery of content, through 37electronic communication with a client other than You. 38 391.5 "Larger Work" means a work which combines Covered Code or portions thereof 40with code not governed by the terms of this License. 41 421.6 "Modifications" mean any addition to, deletion from, and/or change to, the 43substance and/or structure of the Original Code, any previous Modifications, the 44combination of Original Code and any previous Modifications, and/or any 45respective portions thereof. When code is released as a series of files, a 46Modification is: (a) any addition to or deletion from the contents of a file 47containing Covered Code; and/or (b) any new file or other representation of 48computer program statements that contains any part of Covered Code. 49 501.7 "Original Code" means (a) the Source Code of a program or other work as 51originally made available by Apple under this License, including the Source Code 52of any updates or upgrades to such programs or works made available by Apple 53under this License, and that has been expressly identified by Apple as such in 54the header file(s) of such work; and (b) the object code compiled from such 55Source Code and originally made available by Apple under this License 56 571.8 "Source Code" means the human readable form of a program or other work that 58is suitable for making modifications to it, including all modules it contains, 59plus any associated interface definition files, scripts used to control 60compilation and installation of an executable (object code). 61 621.9 "You" or "Your" means an individual or a legal entity exercising rights 63under this License. For legal entities, "You" or "Your" includes any entity 64which controls, is controlled by, or is under common control with, You, where 65"control" means (a) the power, direct or indirect, to cause the direction or 66management of such entity, whether by contract or otherwise, or (b) ownership of 67fifty percent (50%) or more of the outstanding shares or beneficial ownership of 68such entity. 69 702. Permitted Uses; Conditions & Restrictions. Subject to the terms and 71conditions of this License, Apple hereby grants You, effective on the date You 72accept this License and download the Original Code, a world-wide, royalty-free, 73non-exclusive license, to the extent of Apple's Applicable Patent Rights and 74copyrights covering the Original Code, to do the following: 75 762.1 Unmodified Code. You may use, reproduce, display, perform, internally 77distribute within Your organization, and Externally Deploy verbatim, unmodified 78copies of the Original Code, for commercial or non-commercial purposes, provided 79that in each instance: 80 81(a) You must retain and reproduce in all copies of Original Code the copyright 82and other proprietary notices and disclaimers of Apple as they appear in the 83Original Code, and keep intact all notices in the Original Code that refer to 84this License; and 85 86(b) You must include a copy of this License with every copy of Source Code of 87Covered Code and documentation You distribute or Externally Deploy, and You may 88not offer or impose any terms on such Source Code that alter or restrict this 89License or the recipients' rights hereunder, except as permitted under Section 906. 91 922.2 Modified Code. You may modify Covered Code and use, reproduce, display, 93perform, internally distribute within Your organization, and Externally Deploy 94Your Modifications and Covered Code, for commercial or non-commercial purposes, 95provided that in each instance You also meet all of these conditions: 96 97(a) You must satisfy all the conditions of Section 2.1 with respect to the 98Source Code of the Covered Code; 99 100(b) You must duplicate, to the extent it does not already exist, the notice in 101Exhibit A in each file of the Source Code of all Your Modifications, and cause 102the modified files to carry prominent notices stating that You changed the files 103and the date of any change; and 104 105(c) If You Externally Deploy Your Modifications, You must make Source Code of 106all Your Externally Deployed Modifications either available to those to whom You 107have Externally Deployed Your Modifications, or publicly available. Source Code 108of Your Externally Deployed Modifications must be released under the terms set 109forth in this License, including the license grants set forth in Section 3 110below, for as long as you Externally Deploy the Covered Code or twelve (12) 111months from the date of initial External Deployment, whichever is longer. You 112should preferably distribute the Source Code of Your Externally Deployed 113Modifications electronically (e.g. download from a web site). 114 1152.3 Distribution of Executable Versions. In addition, if You Externally Deploy 116Covered Code (Original Code and/or Modifications) in object code, executable 117form only, You must include a prominent notice, in the code itself as well as in 118related documentation, stating that Source Code of the Covered Code is available 119under the terms of this License with information on how and where to obtain such 120Source Code. 121 1222.4 Third Party Rights. You expressly acknowledge and agree that although 123Apple and each Contributor grants the licenses to their respective portions of 124the Covered Code set forth herein, no assurances are provided by Apple or any 125Contributor that the Covered Code does not infringe the patent or other 126intellectual property rights of any other entity. Apple and each Contributor 127disclaim any liability to You for claims brought by any other entity based on 128infringement of intellectual property rights or otherwise. As a condition to 129exercising the rights and licenses granted hereunder, You hereby assume sole 130responsibility to secure any other intellectual property rights needed, if any. 131For example, if a third party patent license is required to allow You to 132distribute the Covered Code, it is Your responsibility to acquire that license 133before distributing the Covered Code. 134 1353. Your Grants. In consideration of, and as a condition to, the licenses 136granted to You under this License, You hereby grant to any person or entity 137receiving or distributing Covered Code under this License a non-exclusive, 138royalty-free, perpetual, irrevocable license, under Your Applicable Patent 139Rights and other intellectual property rights (other than patent) owned or 140controlled by You, to use, reproduce, display, perform, modify, sublicense, 141distribute and Externally Deploy Your Modifications of the same scope and extent 142as Apple's licenses under Sections 2.1 and 2.2 above. 143 1444. Larger Works. You may create a Larger Work by combining Covered Code with 145other code not governed by the terms of this License and distribute the Larger 146Work as a single product. In each such instance, You must make sure the 147requirements of this License are fulfilled for the Covered Code or any portion 148thereof. 149 1505. Limitations on Patent License. Except as expressly stated in Section 2, no 151other patent rights, express or implied, are granted by Apple herein. 152Modifications and/or Larger Works may require additional patent licenses from 153Apple which Apple may grant in its sole discretion. 154 1556. Additional Terms. You may choose to offer, and to charge a fee for, 156warranty, support, indemnity or liability obligations and/or other rights 157consistent with the scope of the license granted herein ("Additional Terms") to 158one or more recipients of Covered Code. However, You may do so only on Your own 159behalf and as Your sole responsibility, and not on behalf of Apple or any 160Contributor. You must obtain the recipient's agreement that any such Additional 161Terms are offered by You alone, and You hereby agree to indemnify, defend and 162hold Apple and every Contributor harmless for any liability incurred by or 163claims asserted against Apple or such Contributor by reason of any such 164Additional Terms. 165 1667. Versions of the License. Apple may publish revised and/or new versions of 167this License from time to time. Each version will be given a distinguishing 168version number. Once Original Code has been published under a particular 169version of this License, You may continue to use it under the terms of that 170version. You may also choose to use such Original Code under the terms of any 171subsequent version of this License published by Apple. No one other than Apple 172has the right to modify the terms applicable to Covered Code created under this 173License. 174 1758. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part 176pre-release, untested, or not fully tested works. The Covered Code may contain 177errors that could cause failures or loss of data, and may be incomplete or 178contain inaccuracies. You expressly acknowledge and agree that use of the 179Covered Code, or any portion thereof, is at Your sole and entire risk. THE 180COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF 181ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" 182FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM 183ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED 184TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY 185QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, 186AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT 187WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE 188FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE 189OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT 190DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION 191OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR 192SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended 193for use in the operation of nuclear facilities, aircraft navigation, 194communication systems, or air traffic control machines in which case the failure 195of the Covered Code could lead to death, personal injury, or severe physical or 196environmental damage. 197 1989. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT 199SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT 200OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE 201OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A 202THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR 203OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY 204OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY 205REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF 206INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In 207no event shall Apple's total liability to You for all damages (other than as may 208be required by applicable law) under this License exceed the amount of fifty 209dollars ($50.00). 210 21110. Trademarks. This License does not grant any rights to use the trademarks 212or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming 213Server" or any other trademarks, service marks, logos or trade names belonging 214to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or 215trade name belonging to any Contributor. You agree not to use any Apple Marks 216in or as part of the name of products derived from the Original Code or to 217endorse or promote products derived from the Original Code other than as 218expressly permitted by and in strict compliance at all times with Apple's third 219party trademark usage guidelines which are posted at 220http://www.apple.com/legal/guidelinesfor3rdparties.html. 221 22211. Ownership. Subject to the licenses granted under this License, each 223Contributor retains all rights, title and interest in and to any Modifications 224made by such Contributor. Apple retains all rights, title and interest in and 225to the Original Code and any Modifications made by or on behalf of Apple ("Apple 226Modifications"), and such Apple Modifications will not be automatically subject 227to this License. Apple may, at its sole discretion, choose to license such 228Apple Modifications under this License, or on different terms from those 229contained in this License or may choose not to license them at all. 230 23112. Termination. 232 23312.1 Termination. This License and the rights granted hereunder will 234terminate: 235 236(a) automatically without notice from Apple if You fail to comply with any 237term(s) of this License and fail to cure such breach within 30 days of becoming 238aware of such breach; (b) immediately in the event of the circumstances 239described in Section 13.5(b); or (c) automatically without notice from Apple if 240You, at any time during the term of this License, commence an action for patent 241infringement against Apple; provided that Apple did not first commence an action 242for patent infringement against You in that instance. 243 24412.2 Effect of Termination. Upon termination, You agree to immediately stop 245any further use, reproduction, modification, sublicensing and distribution of 246the Covered Code. All sublicenses to the Covered Code which have been properly 247granted prior to termination shall survive any termination of this License. 248Provisions which, by their nature, should remain in effect beyond the 249termination of this License shall survive, including but not limited to Sections 2503, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for 251compensation, indemnity or damages of any sort solely as a result of terminating 252this License in accordance with its terms, and termination of this License will 253be without prejudice to any other right or remedy of any party. 254 25513. Miscellaneous. 256 25713.1 Government End Users. The Covered Code is a "commercial item" as defined 258in FAR 2.101. Government software and technical data rights in the Covered Code 259include only those rights customarily provided to the public as defined in this 260License. This customary commercial license in technical data and software is 261provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer 262Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical 263Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software 264or Computer Software Documentation). Accordingly, all U.S. Government End Users 265acquire Covered Code with only those rights set forth herein. 266 26713.2 Relationship of Parties. This License will not be construed as creating 268an agency, partnership, joint venture or any other form of legal association 269between or among You, Apple or any Contributor, and You will not represent to 270the contrary, whether expressly, by implication, appearance or otherwise. 271 27213.3 Independent Development. Nothing in this License will impair Apple's 273right to acquire, license, develop, have others develop for it, market and/or 274distribute technology or products that perform the same or similar functions as, 275or otherwise compete with, Modifications, Larger Works, technology or products 276that You may develop, produce, market or distribute. 277 27813.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any 279provision of this License will not be deemed a waiver of future enforcement of 280that or any other provision. Any law or regulation which provides that the 281language of a contract shall be construed against the drafter will not apply to 282this License. 283 28413.5 Severability. (a) If for any reason a court of competent jurisdiction 285finds any provision of this License, or portion thereof, to be unenforceable, 286that provision of the License will be enforced to the maximum extent permissible 287so as to effect the economic benefits and intent of the parties, and the 288remainder of this License will continue in full force and effect. (b) 289Notwithstanding the foregoing, if applicable law prohibits or restricts You from 290fully and/or specifically complying with Sections 2 and/or 3 or prevents the 291enforceability of either of those Sections, this License will immediately 292terminate and You must immediately discontinue any use of the Covered Code and 293destroy all copies of it that are in your possession or control. 294 29513.6 Dispute Resolution. Any litigation or other dispute resolution between 296You and Apple relating to this License shall take place in the Northern District 297of California, and You and Apple hereby consent to the personal jurisdiction of, 298and venue in, the state and federal courts within that District with respect to 299this License. The application of the United Nations Convention on Contracts for 300the International Sale of Goods is expressly excluded. 301 30213.7 Entire Agreement; Governing Law. This License constitutes the entire 303agreement between the parties with respect to the subject matter hereof. This 304License shall be governed by the laws of the United States and the State of 305California, except that body of California law concerning conflicts of law. 306 307Where You are located in the province of Quebec, Canada, the following clause 308applies: The parties hereby confirm that they have requested that this License 309and all related documents be drafted in English. Les parties ont exigé que le 310présent contrat et tous les documents connexes soient rédigés en anglais. 311 312EXHIBIT A. 313 314"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved. 315 316This file contains Original Code and/or Modifications of Original Code as 317defined in and that are subject to the Apple Public Source License Version 2.0 318(the 'License'). You may not use this file except in compliance with the 319License. Please obtain a copy of the License at 320http://www.opensource.apple.com/apsl/ and read it before using this file. 321 322The Original Code and all software distributed under the License are distributed 323on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, 324AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, 325ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET 326ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language 327governing rights and limitations under the License." 328