1Apple Public Source License Ver. 1.2 2 31. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") makes publicly available 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 1.2 (or subsequent version thereof) ("License"). As used in this License: 4 51.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the 6grantor of rights, (i) claims of patents that are now or hereafter acquired, 7owned by or assigned to Apple and (ii) that cover subject matter contained in 8the Original Code, but only to the extent necessary to use, reproduce and/or 9distribute the Original Code without infringement; and (b) in the case where 10You are the grantor of rights, (i) claims of patents that are now or hereafter 11acquired, owned by or assigned to You and (ii) that cover subject matter in 12Your Modifications, taken alone or in combination with Original Code. 13 141.2 "Contributor" means any person or entity that creates or contributes to 15the creation of Modifications. 16 171.3 "Covered Code" means the Original Code, Modifications, the combination of 18Original Code and any Modifications, and/or any respective portions thereof. 19 201.4 "Deploy" means to use, sublicense or distribute Covered Code other than 21for Your internal research and development (R&D) and/or Personal Use, and 22includes without limitation, any and all internal use or distribution of 23Covered Code within Your business or organization except for R&D use and/or 24Personal Use, as well as direct or indirect sublicensing or distribution of 25Covered Code by You to any third party in any form or manner. 26 271.5 "Larger Work" means a work which combines Covered Code or portions thereof 28with code not governed by the terms of this License. 29 301.6 "Modifications" mean any addition to, deletion from, and/or change to, the 31substance and/or structure of the Original Code, any previous Modifications, 32the combination of Original Code and any previous Modifications, and/or any 33respective portions thereof. When code is released as a series of files, a 34Modification is: (a) any addition to or deletion from the contents of a file 35containing Covered Code; and/or (b) any new file or other representation of 36computer program statements that contains any part of Covered Code. 37 381.7 "Original Code" means (a) the Source Code of a program or other work as 39originally made available by Apple under this License, including the Source 40Code of any updates or upgrades to such programs or works made available by 41Apple under this License, and that has been expressly identified by Apple as 42such in the header file(s) of such work; and (b) the object code compiled from 43such Source Code and originally made available by Apple under this License. 44 451.8 "Personal Use" means use of Covered Code by an individual solely for his 46or her personal, private and non-commercial purposes. An individual's use 47of Covered Code in his or her capacity as an officer, employee, member, 48independent contractor or agent of a corporation, business or organization 49(commercial or non-commercial) does not qualify as Personal Use. 50 511.9 "Source Code" means the human readable form of a program or other work 52that is suitable for making modifications to it, including all modules it 53contains, plus any associated interface definition files, scripts used to 54control compilation and installation of an executable (object code). 55 561.10 "You" or "Your" means an individual or a legal entity exercising rights 57under this License. For legal entities, "You" or "Your" includes any entity 58which controls, is controlled by, or is under common control with, You, where 59"control" means (a) the power, direct or indirect, to cause the direction or 60management of such entity, whether by contract or otherwise, or (b) ownership 61of fifty percent (50%) or more of the outstanding shares or beneficial 62ownership of such entity. 63 642. 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 Patent Rights and copyrights covering the Original Code, to do the following: 65 662.1 You may use, reproduce, display, perform, modify and distribute Original 67Code, with or without Modifications, solely for Your internal research and 68development and/or Personal Use, provided that in each instance: 69 70(a) You must retain and reproduce in all copies of Original Code the copyright 71and other proprietary notices and disclaimers of Apple as they appear in the 72Original Code, and keep intact all notices in the Original Code that refer to 73this License; and 74 75(b) You must include a copy of this License with every copy of Source Code of 76Covered Code and documentation You distribute, and You may not offer or impose 77any terms on such Source Code that alter or restrict this License or the 78recipients' rights hereunder, except as permitted under Section 6. 79 802.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, 81provided that in each instance: 82 83(a) You must satisfy all the conditions of Section 2.1 with respect to the 84Source Code of the Covered Code; 85 86(b) You must duplicate, to the extent it does not already exist, the notice in 87Exhibit A in each file of the Source Code of all Your Modifications, and cause 88the modified files to carry prominent notices stating that You changed the 89files and the date of any change; 90 91(c) You must make Source Code of all Your Deployed Modifications publicly 92available under the terms of this License, including the license grants set 93forth in Section 3 below, for as long as you Deploy the Covered Code or twelve 94(12) months from the date of initial Deployment, whichever is longer. You 95should preferably distribute the Source Code of Your Deployed Modifications 96electronically (e.g. download from a web site); and 97 98(d) if You Deploy Covered Code in object code, executable form only, You must 99include a prominent notice, in the code itself as well as in related 100documentation, stating that Source Code of the Covered Code is available under 101the terms of this License with information on how and where to obtain such 102Source Code. 103 1042.3 You expressly acknowledge and agree that although Apple and each 105Contributor grants the licenses to their respective portions of the Covered 106Code set forth herein, no assurances are provided by Apple or any Contributor 107that the Covered Code does not infringe the patent or other intellectual 108property rights of any other entity. Apple and each Contributor disclaim any 109liability to You for claims brought by any other entity based on infringement 110of intellectual property rights or otherwise. As a condition to exercising the 111rights and licenses granted hereunder, You hereby assume sole responsibility 112to secure any other intellectual property rights needed, if any. For example, 113if a third party patent license is required to allow You to distribute the 114Covered Code, it is Your responsibility to acquire that license before 115distributing the Covered Code. 116 1173. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License: 118 119(a) You hereby grant to Apple and all third parties a non-exclusive, royalty- 120free license, under Your Applicable Patent Rights and other intellectual 121property rights (other than patent) owned or controlled by You, to use, 122reproduce, display, perform, modify, distribute and Deploy Your Modifications 123of the same scope and extent as Apple's licenses under Sections 2.1 and 1242.2; and 125 126(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, 127royalty-free, perpetual and irrevocable license, under Your Applicable Patent 128Rights and other intellectual property rights (other than patent) owned or 129controlled by You, to use, reproduce, display, perform, modify or have 130modified (for Apple and/or its subsidiaries), sublicense and distribute Your 131Modifications, in any form, through multiple tiers of distribution. 132 1334. 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. 134 1355. 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. 136 1376. 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 or any Contributor. 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 and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms. 138 1397. 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. 140 1418. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered 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 Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered 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 Covered Code could lead to death, personal injury, or severe physical or environmental damage. 142 1439. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR 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 COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00). 144 14510. 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", "QuickTime", "QuickTime Streaming Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") or to any trademark or trade name belonging to any Contributor. 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. 146 14711. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. 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. 148 14912. Termination. 150 15112.1 Termination. This License and the rights granted hereunder will 152terminate: 153 154(a) automatically without notice from Apple if You fail to comply with any 155term(s) of this License and fail to cure such breach within 30 days of 156becoming aware of such breach; 157 158(b) immediately in the event of the circumstances described in Section 15913.5(b); or 160 161(c) automatically without notice from Apple if You, at any time during the 162term of this License, commence an action for patent infringement against 163Apple. 164 16512.2 Effect of Termination. Upon termination, You agree to immediately stop 166any further use, reproduction, modification, sublicensing and distribution of 167the Covered Code and to destroy all copies of the Covered Code that are in 168your possession or control. All sublicenses to the Covered Code which have 169been properly granted prior to termination shall survive any termination of 170this License. Provisions which, by their nature, should remain in effect 171beyond the termination of this License shall survive, including but not 172limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable 173to any other for compensation, indemnity or damages of any sort solely as a 174result of terminating this License in accordance with its terms, and 175termination of this License will be without prejudice to any other right or 176remedy of any party. 177 17813. Miscellaneous. 179 18013.1 Government End Users. The Covered Code is a "commercial item" as defined 181in FAR 2.101. Government software and technical data rights in the Covered 182Code include only those rights customarily provided to the public as defined 183in this License. This customary commercial license in technical data and 184software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 185(Computer Software) and, for Department of Defense purchases, DFAR 186252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in 187Commercial Computer Software or Computer Software Documentation). Accordingly, 188all U.S. Government End Users acquire Covered Code with only those rights set 189forth herein. 190 19113.2 Relationship of Parties. This License will not be construed as creating 192an agency, partnership, joint venture or any other form of legal association 193between or amongYou, Apple or any Contributor, and You will not represent to 194the contrary, whether expressly, by implication, appearance or otherwise. 195 19613.3 Independent Development. Nothing in this License will impair Apple's 197right to acquire, license, develop, have others develop for it, market and/or 198distribute technology or products that perform the same or similar functions 199as, or otherwise compete with, Modifications, Larger Works, technology or 200products that You may develop, produce, market or distribute. 201 20213.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any 203provision of this License will not be deemed a waiver of future enforcement of 204that or any other provision. Any law or regulation which provides that the 205language of a contract shall be construed against the drafter will not apply 206to this License. 207 20813.5 Severability. (a) If for any reason a court of competent jurisdiction 209finds any provision of this License, or portion thereof, to be unenforceable, 210that provision of the License will be enforced to the maximum extent 211permissible so as to effect the economic benefits and intent of the parties, 212and the remainder of this License will continue in full force and effect. (b) 213Notwithstanding the foregoing, if applicable law prohibits or restricts You 214from fully and/or specifically complying with Sections 2 and/or 3 or prevents 215the enforceability of either of those Sections, this License will immediately 216terminate and You must immediately discontinue any use of the Covered Code and 217destroy all copies of it that are in your possession or control. 218 21913.6 Dispute Resolution. Any litigation or other dispute resolution between 220You and Apple relating to this License shall take place in the Northern 221District of California, and You and Apple hereby consent to the personal 222jurisdiction of, and venue in, the state and federal courts within that 223District with respect to this License. The application of the United Nations 224Convention on Contracts for the International Sale of Goods is expressly 225excluded. 226 22713.7 Entire Agreement; Governing Law. This License constitutes the entire 228agreement between the parties with respect to the subject matter hereof. This 229License shall be governed by the laws of the United States and the State of 230California, except that body of California law concerning conflicts of law. 231 232Where You are located in the province of Quebec, Canada, the following clause 233applies: The parties hereby confirm that they have requested that this License 234and all related documents be drafted in English. Les parties ont exigé que le 235présent contrat et tous les documents connexes soient rédigés en anglais. 236 237EXHIBIT A. 238 239"Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights Reserved. 240 241This file contains Original Code and/or Modifications of Original Code as 242defined in and that are subject to the Apple Public Source License Version 1.2 243(the 'License'). You may not use this file except in compliance with 244the License. Please obtain a copy of the License at 245http://www.apple.com/publicsource and read it before using this file. 246 247The Original Code and all software distributed under the License are 248distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, 249EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, 250INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 251PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the 252License for the specific language governing rights and limitations under the 253License." 254 255