Darwin
APPLE PUBLIC SOURCE LICENSE Version 2.0 - August 6, 2003
Please read this License carefully before downloading this software. By
downloading or 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.
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.
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, QUIET
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."