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