1 2APPLE PUBLIC SOURCE LICENSE 3Version 1.1 - April 19,1999 4 5Please read this License carefully before downloading this software. 6By downloading and using this software, you are agreeing to be bound 7by the terms of this License. If you do not or cannot agree to the 8terms of 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 1.1 (or subsequent version thereof), as it may 16be revised from time to time by Apple ("License"). As used in this 17License: 18 191.1 "Affected Original Code" means only those specific portions of 20Original Code that allegedly infringe upon any party`s intellectual 21property rights or are otherwise the subject of a claim of 22infringement. 23 241.2 "Applicable Patent Rights" mean: (a) in the case where Apple is 25the grantor of rights, (i) claims of patents that are now or hereafter 26acquired, owned by or assigned to Apple and (ii) that cover subject 27matter contained in the Original Code, but only to the extent 28necessary to use, reproduce and/or distribute the Original Code 29without infringement; and (b) in the case where You are the grantor of 30rights, (i) claims of patents that are now or hereafter acquired, 31owned by or assigned to You and (ii) that cover subject matter in Your 32Modifications, taken alone or in combination with Original Code. 33 341.3 "Covered Code" means the Original Code, Modifications, the 35combination of Original Code and any Modifications, and/or any 36respective portions thereof. 37 381.4 "Deploy" means to use, sublicense or distribute Covered Code other 39than for Your internal research and development (R&D), and includes 40without limitation, any and all internal use or distribution of 41Covered Code within Your business or organization except for R&D use, 42as well as direct or indirect sublicensing or distribution of Covered 43Code by You to any third party in any form or manner. 44 451.5 "Larger Work" means a work which combines Covered Code or portions 46thereof with code not governed by the terms of this License. 47 481.6 "Modifications" mean any addition to, deletion from, and/or change 49to, the substance and/or structure of Covered Code. When code is 50released as a series of files, a Modification is: (a) any addition to 51or deletion from the contents of a file containing Covered Code; 52and/or (b) any new file or other representation of computer program 53statements that contains any part of Covered Code. 54 551.7 "Original Code" means (a) the Source Code of a program or other 56work as originally made available by Apple under this License, 57including the Source Code of any updates or upgrades to such programs 58or works made available by Apple under this License, and that has been 59expressly identified by Apple as such in the header file(s) of such 60work; and (b) the object code compiled from such Source Code and 61originally made available by Apple under this License. 62 631.8 "Source Code" means the human readable form of a program or other 64work that is suitable for making modifications to it, including all 65modules it contains, plus any associated interface definition files, 66scripts used to control compilation and installation of an executable 67(object code). 68 691.9 "You" or "Your" means an individual or a legal entity exercising 70rights under this License. For legal entities, "You" or "Your" 71includes any entity which controls, is controlled by, or is under 72common control with, You, where "control" means (a) the power, direct 73or indirect, to cause the direction or management of such entity, 74whether by contract or otherwise, or (b) ownership of fifty percent 75(50%) or more of the outstanding shares or beneficial ownership of 76such entity. 77 782. Permitted Uses; Conditions & Restrictions. Subject to the terms 79and conditions of this License, Apple hereby grants You, effective on 80the date You accept this License and download the Original Code, a 81world-wide, royalty-free, non- exclusive license, to the extent of 82Apple`s Applicable Patent Rights and copyrights covering the Original 83Code, to do the following: 84 852.1 You may use, copy, modify and distribute Original Code, with or 86without Modifications, solely for Your internal research and 87development, provided that You must in each instance: 88 89(a) retain and reproduce in all copies of Original Code the copyright 90and other proprietary notices and disclaimers of Apple as they appear 91in the Original Code, and keep intact all notices in the Original Code 92that refer to this License; 93 94(b) include a copy of this License with every copy of Source Code of 95Covered Code and documentation You distribute, and You may not offer 96or impose any terms on such Source Code that alter or restrict this 97License or the recipients` rights hereunder, except as permitted under 98Section 6; and 99 100(c) completely and accurately document all Modifications that you have 101made and the date of each such Modification, designate the version of 102the Original Code you used, prominently include a file carrying such 103information with the Modifications, and duplicate the notice in 104Exhibit A in each file of the Source Code of all such Modifications. 105 1062.2 You may Deploy Covered Code, provided that You must in each 107 instance: 108 109(a) satisfy all the conditions of Section 2.1 with respect to the 110Source Code of the Covered Code; 111 112(b) make all Your Deployed Modifications publicly available in Source 113Code form via electronic distribution (e.g. download from a web site) 114under the terms of this License and subject to the license grants set 115forth in Section 3 below, and any additional terms You may choose to 116offer under Section 6. You must continue to make the Source Code of 117Your Deployed Modifications available for as long as you Deploy the 118Covered Code or twelve (12) months from the date of initial 119Deployment, whichever is longer; 120 121(c) if You Deploy Covered Code containing Modifications made by You, 122inform others of how to obtain those Modifications by filling out and 123submitting the information found at 124http://www.apple.com/publicsource/modifications.html, if available; 125and 126 127(d) if You Deploy Covered Code in object code, executable form only, 128include a prominent notice, in the code itself as well as in related 129documentation, stating that Source Code of the Covered Code is 130available under the terms of this License with information on how and 131where to obtain such Source Code. 132 1333. Your Grants. In consideration of, and as a condition to, the 134licenses granted to You under this License: 135 136(a) You hereby grant to Apple and all third parties a non-exclusive, 137royalty-free license, under Your Applicable Patent Rights and other 138intellectual property rights owned or controlled by You, to use, 139reproduce, modify, distribute and Deploy Your Modifications of the 140same scope and extent as Apple`s licenses under Sections 2.1 and 2.2; 141and 142 143(b) You hereby grant to Apple and its subsidiaries a non-exclusive, 144worldwide, royalty-free, perpetual and irrevocable license, under Your 145Applicable Patent Rights and other intellectual property rights owned 146or controlled by You, to use, reproduce, execute, compile, display, 147perform, modify or have modified (for Apple and/or its subsidiaries), 148sublicense and distribute Your Modifications, in any form, through 149multiple tiers of distribution. 150 1514. Larger Works. You may create a Larger Work by combining Covered 152Code with other code not governed by the terms of this License and 153distribute the Larger Work as a single product. In each such 154instance, You must make sure the requirements of this License are 155fulfilled for the Covered Code or any portion thereof. 156 1575. Limitations on Patent License. Except as expressly stated in 158Section 2, no other patent rights, express or implied, are granted by 159Apple herein. Modifications and/or Larger Works may require 160additional patent licenses from Apple which Apple may grant in its 161sole discretion. 162 1636. Additional Terms. You may choose to offer, and to charge a fee 164for, warranty, support, indemnity or liability obligations and/or 165other rights consistent with the scope of the license granted herein 166("Additional Terms") to one or more recipients of Covered 167Code. However, You may do so only on Your own behalf and as Your sole 168responsibility, and not on behalf of Apple. You must obtain the 169recipient`s agreement that any such Additional Terms are offered by 170You alone, and You hereby agree to indemnify, defend and hold Apple 171harmless for any liability incurred by or claims asserted against 172Apple by reason of any such Additional Terms. 173 1747. Versions of the License. Apple may publish revised and/or new 175versions of this License from time to time. Each version will be 176given a distinguishing version number. Once Original Code has been 177published under a particular version of this License, You may continue 178to use it under the terms of that version. You may also choose to use 179such Original Code under the terms of any subsequent version of this 180License published by Apple. No one other than Apple has the right to 181modify the terms applicable to Covered Code created under this 182License. 183 1848. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or 185in part pre-release, untested, or not fully tested works. The 186Original Code may contain errors that could cause failures or loss of 187data, and may be incomplete or contain inaccuracies. You expressly 188acknowledge and agree that use of the Original Code, or any portion 189thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS 190PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND 191AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 1929, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS 193"APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS 194OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES 195AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND 196FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY 197RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 198ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF 199THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT 200DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN 201INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED 202REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE 203SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not 204intended for use in the operation of nuclear facilities, aircraft 205navigation, communication systems, or air traffic control machines in 206which case the failure of the Original Code could lead to death, 207personal injury, or severe physical or environmental damage. 208 2099. Liability. 210 2119.1 Infringement. If any portion of, or functionality implemented by, 212the Original Code becomes the subject of a claim of infringement, 213Apple may, at its option: (a) attempt to procure the rights necessary 214for Apple and You to continue using the Affected Original Code; (b) 215modify the Affected Original Code so that it is no longer infringing; 216or (c) suspend Your rights to use, reproduce, modify, sublicense and 217distribute the Affected Original Code until a final determination of 218the claim is made by a court or governmental administrative agency of 219competent jurisdiction and Apple lifts the suspension as set forth 220below. Such suspension of rights will be effective immediately upon 221Apple`s posting of a notice to such effect on the Apple web site that 222is used for implementation of this License. Upon such final 223determination being made, if Apple is legally able, without the 224payment of a fee or royalty, to resume use, reproduction, 225modification, sublicensing and distribution of the Affected Original 226Code, Apple will lift the suspension of rights to the Affected 227Original Code by posting a notice to such effect on the Apple web site 228that is used for implementation of this License. If Apple suspends 229Your rights to Affected Original Code, nothing in this License shall 230be construed to restrict You, at Your option and subject to applicable 231law, from replacing the Affected Original Code with non-infringing 232code or independently negotiating for necessary rights from such third 233party. 234 2359.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE 236LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES 237ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO 238USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY 239OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY 240OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF 241SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF 242ANY REMEDY. In no event shall Apple`s total liability to You for all 243damages under this License exceed the amount of fifty dollars 244($50.00). 245 24610. Trademarks. This License does not grant any rights to use the 247trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac 248OS X Server" or any other trademarks or trade names belonging to Apple 249(collectively "Apple Marks") and no Apple Marks may be used to endorse 250or promote products derived from the Original Code other than as 251permitted by and in strict compliance at all times with Apple`s third 252party trademark usage guidelines which are posted at 253http://www.apple.com/legal/guidelinesfor3rdparties.html. 254 25511. Ownership. Apple retains all rights, title and interest in and to 256the Original Code and any Modifications made by or on behalf of Apple 257("Apple Modifications"), and such Apple Modifications will not be 258automatically subject to this License. Apple may, at its sole 259discretion, choose to license such Apple Modifications under this 260License, or on different terms from those contained in this License or 261may choose not to license them at all. Apple`s development, use, 262reproduction, modification, sublicensing and distribution of Covered 263Code will not be subject to this License. 264 26512. Termination. 266 26712.1 Termination. This License and the rights granted hereunder will 268 terminate: 269 270(a) automatically without notice from Apple if You fail to comply with 271any term(s) of this License and fail to cure such breach within 30 272days of becoming aware of such breach; (b) immediately in the event of 273the circumstances described in Section 13.5(b); or (c) automatically 274without notice from Apple if You, at any time during the term of this 275License, commence an action for patent infringement against Apple. 276 27712.2 Effect of Termination. Upon termination, You agree to 278immediately stop any further use, reproduction, modification, 279sublicensing and distribution of the Covered Code and to destroy all 280copies of the Covered Code that are in your possession or control. 281All sublicenses to the Covered Code which have been properly granted 282prior to termination shall survive any termination of this License. 283Provisions which, by their nature, should remain in effect beyond the 284termination of this License shall survive, including but not limited 285to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be 286liable to the other for compensation, indemnity or damages of any sort 287solely as a result of terminating this License in accordance with its 288terms, and termination of this License will be without prejudice to 289any other right or remedy of either party. 290 29113. Miscellaneous. 292 29313.1 Government End Users. The Covered Code is a "commercial item" as 294defined in FAR 2.101. Government software and technical data rights 295in the Covered Code include only those rights customarily provided to 296the public as defined in this License. This customary commercial 297license in technical data and software is provided in accordance with 298FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for 299Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- 300Commercial Items) and 227.7202-3 (Rights in Commercial Computer 301Software or Computer Software Documentation). Accordingly, all U.S. 302Government End Users acquire Covered Code with only those rights set 303forth herein. 304 30513.2 Relationship of Parties. This License will not be construed as 306creating an agency, partnership, joint venture or any other form of 307legal association between You and Apple, and You will not represent to 308the contrary, whether expressly, by implication, appearance or 309otherwise. 310 31113.3 Independent Development. Nothing in this License will impair 312Apple`s right to acquire, license, develop, have others develop for 313it, market and/or distribute technology or products that perform the 314same or similar functions as, or otherwise compete with, 315Modifications, Larger Works, technology or products that You may 316develop, produce, market or distribute. 317 31813.4 Waiver; Construction. Failure by Apple to enforce any provision 319of this License will not be deemed a waiver of future enforcement of 320that or any other provision. Any law or regulation which provides 321that the language of a contract shall be construed against the drafter 322will not apply to this License. 323 32413.5 Severability. (a) If for any reason a court of competent 325jurisdiction finds any provision of this License, or portion thereof, 326to be unenforceable, that provision of the License will be enforced to 327the maximum extent permissible so as to effect the economic benefits 328and intent of the parties, and the remainder of this License will 329continue in full force and effect. (b) Notwithstanding the foregoing, 330if applicable law prohibits or restricts You from fully and/or 331specifically complying with Sections 2 and/or 3 or prevents the 332enforceability of either of those Sections, this License will 333immediately terminate and You must immediately discontinue any use of 334the Covered Code and destroy all copies of it that are in your 335possession or control. 336 33713.6 Dispute Resolution. Any litigation or other dispute resolution 338between You and Apple relating to this License shall take place in the 339Northern District of California, and You and Apple hereby consent to 340the personal jurisdiction of, and venue in, the state and federal 341courts within that District with respect to this License. The 342application of the United Nations Convention on Contracts for the 343International Sale of Goods is expressly excluded. 344 34513.7 Entire Agreement; Governing Law. This License constitutes the 346entire agreement between the parties with respect to the subject 347matter hereof. This License shall be governed by the laws of the 348United States and the State of California, except that body of 349California law concerning conflicts of law. 350 351Where You are located in the province of Quebec, Canada, the following 352clause applies: The parties hereby confirm that they have requested 353that this License and all related documents be drafted in English. Les 354parties ont exige que le present contrat et tous les documents 355connexes soient rediges en anglais. 356 357EXHIBIT A. 358 359"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights 360Reserved. This file contains Original Code and/or Modifications of 361Original Code as defined in and that are subject to the Apple Public 362Source License Version 1.1 (the "License"). You may not use this file 363except in compliance with the License. Please obtain a copy of the 364License at http://www.apple.com/publicsource and read it before using 365this file. 366 367The Original Code and all software distributed under the License are 368distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER 369EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 370INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, 371FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the 372License for the specific language governing rights and limitations 373under the License." 374 375