Apple Note: In January 2007, Apple changed its corporate name from "Apple
Computer, Inc." to "Apple Inc." This change has been reflected below and
copyright years updated, but no other changes have been made to the APSL 2.0.
1. General; Definitions. This License applies to any program or other work which Apple 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 2.0 ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the
grantor of rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to Apple and (ii) that 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) claims of patents that are now or hereafter
acquired, owned by or assigned to You and (ii) that cover subject matter in
Your Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to
the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination of
Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make
Covered Code available, directly or indirectly, to anyone other than You;
and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way
to provide a service, including but not limited to delivery of content,
through electronic communication with a client other than You.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the
substance and/or structure of the Original Code, any previous Modifications,
the combination of Original Code and any previous Modifications, and/or any
respective portions thereof. 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.
1.7 "Original Code" means (a) 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; and (b) the object code compiled from
such Source Code and originally made available by Apple under this License
1.8 "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).
1.9 "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 Patent Rights and copyrights covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally
distribute within Your organization, and Externally Deploy verbatim,
unmodified copies of the Original Code, for commercial or non-commercial
purposes, provided that in each instance:
(a) You must 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; and
(b) You must include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute or Externally Deploy, 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.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
perform, internally distribute within Your organization, and Externally Deploy
Your Modifications and Covered Code, for commercial or non-commercial
purposes, provided that in each instance You also meet all of these
conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in
Exhibit A in each file of the Source Code of all Your Modifications, and cause
the modified files to carry prominent notices stating that You changed the
files and the date of any change; and
(c) If You Externally Deploy Your Modifications, You must make Source Code of
all Your Externally Deployed Modifications either available to those to whom
You have Externally Deployed Your Modifications, or publicly available. Source
Code of Your Externally Deployed Modifications must be released under the
terms set forth in this License, including the license grants set forth in
Section 3 below, for as long as you Externally Deploy the Covered Code or
twelve (12) months from the date of initial External Deployment, whichever is
longer. You should preferably distribute the Source Code of Your Externally
Deployed Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
Covered Code (Original Code and/or Modifications) in object code, executable
form only, You must 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.
2.4 Third Party Rights. You expressly acknowledge and agree that although
Apple and each Contributor grants the licenses to their respective portions of
the Covered Code set forth herein, no assurances are provided by Apple or any
Contributor that the Covered Code does not infringe the patent or other
intellectual property rights of any other entity. Apple and each Contributor
disclaim any liability to You for claims brought by any other entity based on
infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, You hereby assume sole
responsibility to secure any other intellectual property rights needed, if
any. For example, if a third party patent license is required to allow You to
distribute the Covered Code, it is Your responsibility to acquire that license
before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2 above.
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 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.
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 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.
9. 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).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" or any other trademarks, service marks, logos or trade names belonging to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly 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. 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.
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 Section
13.5(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; provided that Apple did not first commence an action for patent
infringement against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification, sublicensing and distribution of
the Covered Code. 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. No party will be liable to any 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 any party.
13. Miscellaneous.
13.1 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.
13.2 Relationship of Parties. This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between or among You, Apple or any Contributor, and You will not represent to
the contrary, whether expressly, by implication, appearance or otherwise.
13.3 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.
13.4 Waiver; Construction. Failure by Apple or any Contributor 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.
13.5 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.
13.6 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.
13.7 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 exigé que le
présent contrat et tous les documents connexes soient rédigés en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2007 Apple 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 2.0
(the 'License'). You may not use this file except in compliance with
the License. Please obtain a copy of the License at
http://www.opensource.apple.com/apsl/ and read it before using this file.
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and
distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the
copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other
entities that control, are controlled by, or are under common control with
that entity. For the purposes of this definition, "control" means (i) the
power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty percent
(50%) or more of the outstanding shares, or (iii) beneficial ownership of such
entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source, and
configuration files.
"Object" form shall mean any form resulting from mechanical transformation or
translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form,
made available under the License, as indicated by a copyright notice that is
included in or attached to the work (an example is provided in the Appendix
below).
"Derivative Works" shall mean any work, whether in Source or Object form, that
is based on (or derived from) the Work and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an
original work of authorship. For the purposes of this License, Derivative
Works shall not include works that remain separable from, or merely link (or
bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original
version of the Work and any modifications or additions to that Work or
Derivative Works thereof, that is intentionally submitted to Licensor for
inclusion in the Work by the copyright owner or by an individual or Legal
Entity authorized to submit on behalf of the copyright owner. For the purposes
of this definition, "submitted" means any form of electronic, verbal, or
written communication sent to the Licensor or its representatives, including
but not limited to communication on electronic mailing lists, source code
control systems, and issue tracking systems that are managed by, or on behalf
of, the Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise designated
in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf
of whom a Contribution has been received by Licensor and subsequently
incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy
of this License; and
(b) You must cause any modified files to carry prominent notices stating that
You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices from the
Source form of the Work, excluding those notices that do not pertain to any
part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution,
then any Derivative Works that You distribute must include a readable copy of
the attribution notices contained within such NOTICE file, excluding those
notices that do not pertain to any part of the Derivative Works, in at least
one of the following places: within a NOTICE text file distributed as part of
the Derivative Works; within the Source form or documentation, if provided
along with the Derivative Works; or, within a display generated by the
Derivative Works, if and wherever such third-party notices normally appear.
The contents of the NOTICE file are for informational purposes only and do not
modify the License. You may add Your own attribution notices within Derivative
Works that You distribute, alongside or as an addendum to the NOTICE text from
the Work, provided that such additional attribution notices cannot be
construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide
additional or different license terms and conditions for use, reproduction, or
distribution of Your modifications, or for any such Derivative Works as a
whole, provided Your use, reproduction, and distribution of the Work otherwise
complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
