forked from brl/citadel
373 lines
19 KiB
Plaintext
373 lines
19 KiB
Plaintext
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APPLE PUBLIC SOURCE LICENSE
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Version 1.0 - March 16, 1999
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Please read this License carefully before downloading this software.
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By downloading and using this software, you are agreeing to be bound by
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the terms of this License. If you do not or cannot agree to the terms
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of this License, please do not download or use the software.
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1. General; Definitions. This License applies to any program or other
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work which Apple Computer, Inc. ("Apple") publicly announces as
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subject to this Apple Public Source License and which contains a
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notice placed by Apple identifying such program or work as "Original
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Code" and stating that it is subject to the terms of this Apple Public
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Source License version 1.0 (or subsequent version thereof), as it may
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be revised from time to time by Apple ("License"). As used in this
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License:
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1.1 "Applicable Patents" mean: (a) in the case where Apple is the
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grantor of rights, (i) patents or patent applications that are now
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or hereafter acquired, owned by or assigned to Apple and (ii) whose
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claims cover subject matter contained in the Original Code, but only
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to the extent necessary to use, reproduce and/or distribute the
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Original Code without infringement; and (b) in the case where You
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are the grantor of rights, (i) patents and patent applications that
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are now or hereafter acquired, owned by or assigned to You and (ii)
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whose claims cover subject matter in Your Modifications, taken alone
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or in combination with Original Code.
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1.2 "Covered Code" means the Original Code, Modifications, the
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combination of Original Code and any Modifications, and/or any
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respective portions thereof.
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1.3 "Deploy" means to use, sublicense or distribute Covered Code other
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than for Your internal research and development (R&D), and includes
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without limitation, any and all internal use or distribution of
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Covered Code within Your business or organization except for R&D use,
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as well as direct or indirect sublicensing or distribution of Covered
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Code by You to any third party in any form or manner.
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1.4 "Larger Work" means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.5 "Modifications" mean any addition to, deletion from, and/or change
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to, the substance and/or structure of Covered Code. When code is
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released as a series of files, a Modification is: (a) any addition to
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or deletion from the contents of a file containing Covered Code;
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and/or (b) any new file or other representation of computer program
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statements that contains any part of Covered Code.
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1.6 "Original Code" means the Source Code of a program or other work
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as originally made available by Apple under this License, including
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the Source Code of any updates or upgrades to such programs or works
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made available by Apple under this License, and that has been
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expressly identified by Apple as such in the header file(s) of such
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work.
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1.7 "Source Code" means the human readable form of a program or other
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work that is suitable for making modifications to it, including all
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modules it contains, plus any associated interface definition files,
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scripts used to control compilation and installation of an executable
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(object code).
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1.8 "You" or "Your" means an individual or a legal entity exercising
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rights under this License. For legal entities, "You" or "Your"
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includes any entity which controls, is controlled by, or is under
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common control with, You, where "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of fifty percent
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(50%) or more of the outstanding shares or beneficial ownership of
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such entity.
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2. Permitted Uses; Conditions & Restrictions. Subject to the terms
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and conditions of this License, Apple hereby grants You, effective on
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the date You accept this License and download the Original Code, a
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world-wide, royalty-free, non-exclusive license, to the extent of
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Apple`s Applicable Patents and copyrights covering the Original
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Code, to do the following:
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2.1 You may use, copy, modify and distribute Original Code, with or
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without Modifications, solely for Your internal research and
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development, provided that You must in each instance:
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(a) 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
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in the Original Code, and keep intact all notices in the Original Code
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that refer to this License;
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(b) include a copy of this License with every copy of Source Code of
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Covered Code and documentation You distribute, and You may not offer
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or impose any terms on such Source Code that alter or restrict this
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License or the recipients` rights hereunder, except as permitted under
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Section 6; and
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(c) completely and accurately document all Modifications that you have
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made and the date of each such Modification, designate the version of
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the Original Code you used, prominently include a file carrying such
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information with the Modifications, and duplicate the notice in
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Exhibit A in each file of the Source Code of all such Modifications.
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2.2 You may Deploy Covered Code, provided that You must in each
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instance:
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(a) 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) make all Your Deployed Modifications publicly available in Source
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Code form via electronic distribution (e.g. download from a web site)
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under the terms of this License and subject to the license grants set
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forth in Section 3 below, and any additional terms You may choose to
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offer under Section 6. You must continue to make the Source Code of
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Your Deployed Modifications available for as long as you Deploy the
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Covered Code or twelve (12) months from the date of initial
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Deployment, whichever is longer;
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(c) must notify Apple and other third parties of how to obtain Your
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Deployed Modifications by filling out and submitting the required
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information found at
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http://www.apple.com/publicsource/modifications.html; and
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(d) if you Deploy Covered Code in object code, executable form only,
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include a prominent notice, in the code itself as well as in related
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documentation, stating that Source Code of the Covered Code is
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available under the terms of this License with information on how and
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where to obtain such Source Code.
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3. Your Grants. In consideration of, and as a condition to, the
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licenses granted to You under this License:
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(a) You hereby grant to Apple and all third parties a non-exclusive,
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royalty-free license, under Your Applicable Patents and other
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intellectual property rights owned or controlled by You, to use,
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reproduce, modify, distribute and Deploy Your Modifications of the
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same scope and extent as Apple`s licenses under Sections 2.1 and 2.2;
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and
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(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
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worldwide, royalty-free, perpetual and irrevocable license, under Your
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Applicable Patents and other intellectual property rights owned or
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controlled by You, to use, reproduce, execute, compile, display,
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perform, modify or have modified (for Apple and/or its subsidiaries),
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sublicense and distribute Your Modifications, in any form, through
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multiple tiers of distribution.
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4. Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In each such
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instance, You must make sure the requirements of this License are
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fulfilled for the Covered Code or any portion thereof.
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5. Limitations on Patent License. Except as expressly stated in
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Section 2, no other patent rights, express or implied, are granted
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by Apple herein. Modifications and/or Larger Works may require
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additional patent licenses from Apple which Apple may grant in its
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sole discretion.
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6. Additional Terms. You may choose to offer, and to charge a fee
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for, warranty, support, indemnity or liability obligations and/or
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other rights consistent with the scope of the license granted herein
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("Additional Terms") to one or more recipients of Covered
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Code. However, You may do so only on Your own behalf and as Your
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sole responsibility, and not on behalf of Apple. You must obtain the
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recipient`s agreement that any such Additional Terms are offered by
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You alone, and You hereby agree to indemnify, defend and hold Apple
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harmless for any liability incurred by or claims asserted against
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Apple by reason of any such Additional Terms.
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7. Versions of the License. Apple may publish revised and/or new
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versions of this License from time to time. Each version will be
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given a distinguishing version number. Once Original Code has been
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published under a particular version of this License, You may
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continue to use it under the terms of that version. You may also
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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
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has the right to modify the terms applicable to Covered Code created
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under this License.
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8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
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in part pre-release, untested, or not fully tested works. The
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Original Code may contain errors that could cause failures or loss
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of data, and may be incomplete or contain inaccuracies. You
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expressly acknowledge and agree that use of the Original Code, or
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any portion thereof, is at Your sole and entire risk. THE ORIGINAL
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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) (FOR THE PURPOSES OF
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SECTIONS 8 AND 9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY
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REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
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CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
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IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
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SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
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NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT
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THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
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REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
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UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
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WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
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BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
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WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You
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acknowledge that the Original Code is not intended for use in the
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operation of nuclear facilities, aircraft navigation, communication
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systems, or air traffic control machines in which case the failure
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of the Original Code could lead to death, personal injury, or severe
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physical or environmental damage.
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9. Liability.
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9.1 Infringement. If any of the Original Code becomes the subject of
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a claim of infringement ("Affected Original Code"), Apple may, at
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its sole discretion and option: (a) attempt to procure the rights
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necessary for You to continue using the Affected Original Code; (b)
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modify the Affected Original Code so that it is no longer
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infringing; or (c) terminate Your rights to use the Affected
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Original Code, effective immediately upon Apple`s posting of a
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notice to such effect on the Apple web site that is used for
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implementation of this License.
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9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
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LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
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DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR
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INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER
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UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
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PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF
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THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
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ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple`s total
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liability to You for all damages under this License exceed the
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amount of fifty dollars ($50.00).
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10. Trademarks. This License does not grant any rights to use the
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trademarks or trade names "Apple", "Apple Computer", "Mac OS X",
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"Mac OS X Server" or any other trademarks or trade names belonging
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to Apple (collectively "Apple Marks") and no Apple Marks may be
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used to endorse or promote products derived from the Original Code
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other than as permitted by and in strict compliance at all times
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with Apple`s third party trademark usage guidelines which are
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posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
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11. Ownership. Apple retains all rights, title and interest in and to
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the Original Code and any Modifications made by or on behalf of
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Apple ("Apple Modifications"), and such Apple Modifications will
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not be automatically subject to this License. Apple may, at its
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sole discretion, choose to license such Apple Modifications under
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this License, or on different terms from those contained in this
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License or may choose not to license them at all. Apple`s
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development, use, reproduction, modification, sublicensing and
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distribution of Covered Code will not be subject to this License.
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12. Termination.
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12.1 Termination. This License and the rights granted hereunder will
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terminate:
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(a) automatically without notice from Apple if You fail to comply with
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any term(s) of this License and fail to cure such breach within 30
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days of becoming aware of such breach; (b) immediately in the event of
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the circumstances described in Sections 9.1 and/or 13.6(b); or (c)
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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
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against Apple.
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12.2 Effect of Termination. Upon termination, You agree to
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immediately stop any further use, reproduction, modification and
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distribution of the Covered Code, or Affected Original Code in the
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case of termination under Section 9.1, and to destroy all copies of
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the Covered Code or Affected Original Code (in the case of
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termination under Section 9.1) that are in your possession or
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control. All sublicenses to the Covered Code which have been
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properly granted prior to termination shall survive any termination
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of this License. Provisions which, by their nature, should remain
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in effect beyond the termination of this License shall survive,
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including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and
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13. Neither party will be liable to the other for compensation,
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indemnity or damages of any sort solely as a result of terminating
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this License in accordance with its terms, and termination of this
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License will be without prejudice to any other right or remedy of
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either party.
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13. Miscellaneous.
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13.1 Export Law Assurances. You may not use or otherwise export or
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re-export the Original Code except as authorized by United States
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law and the laws of the jurisdiction in which the Original Code was
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obtained. In particular, but without limitation, the Original Code
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may not be exported or re-exported (a) into (or to a national or
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resident of) any U.S. embargoed country or (b) to anyone on the
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U.S. Treasury Department`s list of Specially Designated Nationals
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or the U.S. Department of Commerce`s Table of Denial Orders. By
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using the Original Code, You represent and warrant that You are not
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located in, under control of, or a national or resident of any such
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country or on any such list.
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13.2 Government End Users. The Covered Code is a "commercial item" as
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defined in FAR 2.101. Government software and technical data
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rights in the Covered Code include only those rights customarily
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provided to the public as defined in this License. This customary
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commercial license in technical data and software is provided in
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accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
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Software) and, for Department of Defense purchases, DFAR
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252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3
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(Rights in Commercial Computer Software or Computer Software
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Documentation). Accordingly, all U.S. Government End Users acquire
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Covered Code with only those rights set forth herein.
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13.3 Relationship of Parties. This License will not be construed as
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creating an agency, partnership, joint venture or any other form of
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legal association between You and Apple, and You will not represent
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to the contrary, whether expressly, by implication, appearance or
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otherwise.
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13.4 Independent Development. Nothing in this License will impair
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Apple`s right to acquire, license, develop, have others develop for
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it, market and/or distribute technology or products that perform
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the same or similar functions as, or otherwise compete with,
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Modifications, Larger Works, technology or products that You may
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develop, produce, market or distribute.
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13.5 Waiver; Construction. Failure by Apple to enforce any provision
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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
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provides that the language of a contract shall be construed against
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the drafter will not apply to this License.
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13.6 Severability. (a) If for any reason a court of competent
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jurisdiction finds any provision of this License, or portion
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thereof, to be unenforceable, that provision of the License will be
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enforced to the maximum extent permissible so as to effect the
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economic benefits and intent of the parties, and the remainder of
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this License will continue in full force and effect. (b)
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Notwithstanding the foregoing, if applicable law prohibits or
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restricts You from fully and/or specifically complying with
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Sections 2 and/or 3 or prevents the enforceability of either of
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those Sections, this License will immediately terminate and You
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must immediately discontinue any use of the Covered Code and
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destroy all copies of it that are in your possession or control.
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13.7 Dispute Resolution. Any litigation or other dispute resolution
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between You and Apple relating to this License shall take place in
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the Northern District of California, and You and Apple hereby
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consent to the personal jurisdiction of, and venue in, the state
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and federal courts within that District with respect to this
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License. The application of the United Nations Convention on
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Contracts for the International Sale of Goods is expressly
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excluded.
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13.8 Entire Agreement; Governing Law. This License constitutes the
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entire agreement between the parties with respect to the subject
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matter hereof. This License shall be governed by the laws of the
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United States and the State of California, except that body of
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California law concerning conflicts of law.
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Where You are located in the province of Quebec, Canada, the following
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clause applies: The parties hereby confirm that they have requested
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that this License and all related documents be drafted in English. Les
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parties ont exige que le present contrat et tous les documents
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connexes soient rediges en anglais.
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EXHIBIT A.
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"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights
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Reserved. This file contains Original Code and/or Modifications of
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Original Code as defined in and that are subject to the Apple Public
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Source License Version 1.0 (the `License`). You may not use this file
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except in compliance with the License. Please obtain a copy of the
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License at http://www.apple.com/publicsource and read it before using
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this file.
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The Original Code and all software distributed under the License are
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distributed on an `AS IS` basis, WITHOUT WARRANTY OF ANY KIND, EITHER
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EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
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INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the
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License for the specific language governing rights and limitations
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under the License."
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