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Apple - Public Source - License Advanced Search Log In | Not a Member? Contact ADC Darwin Home Apple Open Source FAQ Darwin Project FAQ Ask the Darwin Team Q&A Darwin Documentation Additional Darwin Resources Mac OS X System Architecture Apple's Darwin Documentation Mac OS X Documentation Darwin Mailing Lists Licensing Mac OS X Server Account Assistance Open Source Projects Home Darwin Streaming Server CDSA CUPS Kerberos Open Directory OpenPlay Bonjour WebCore X11 HeaderDoc Documentation Miscellaneous ADC Resources ADC Membership Bug Reporting Developer Technical Support Development Kits Documentation Registrations Sample Code Seeding Software Licensing Testing and Compatibility Tools 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 bythe terms of this License. If you do not or cannot agree to the termsof this License, please do not download or use the software.1. General; Definitions.This License applies to any program or otherwork which Apple Computer, Inc. ("Apple") makes publicly available andwhich contains a notice placed by Apple identifying such program orwork as "Original Code" and stating that it is subject to the terms ofthis Apple Public Source License version 2.0 ("License"). As used inthis License:1.1 "Applicable Patent Rights" mean: (a) in the case where Apple isthe grantor of rights, (i) claims of patents that are now or hereafteracquired, owned by or assigned to Apple and (ii) that cover subjectmatter contained in the Original Code, but only to the extentnecessary to use, reproduce and/or distribute the Original Codewithout infringement; and (b) in the case where You are the grantor ofrights, (i) claims of patents that are now or hereafter acquired,owned by or assigned to You and (ii) that cover subject matter in YourModifications, taken alone or in combination with Original Code.1.2 "Contributor" means any person or entity that creates orcontributes to the creation of Modifications.1.3 "Covered Code" means the Original Code, Modifications, thecombination of Original Code and any Modifications, and/or anyrespective portions thereof.1.4 "Externally Deploy" means: (a) to sublicense, distribute orotherwise make Covered Code available, directly or indirectly, toanyone other than You; and/or (b) to use Covered Code, alone or aspart of a Larger Work, in any way to provide a service, including butnot limited to delivery of content, through electronic communicationwith a client other than You.1.5 "Larger Work" means a work which combines Covered Code orportions thereof with code not governed by the terms of this License.1.6 "Modifications" mean any addition to, deletion from, and/orchange to, the substance and/or structure of the Original Code, anyprevious Modifications, the combination of Original Code and anyprevious Modifications, and/or any respective portions thereof. Whencode is released as a series of files, a Modification is: (a) anyaddition to or deletion from the contents of a file containing CoveredCode; and/or (b) any new file or other representation of computerprogram statements that contains any part of Covered Code.1.7 "Original Code" means (a) the Source Code of a program or otherwork as originally made available by Apple under this License,including the Source Code of any updates or upgrades to such programsor works made available by Apple under this License, and that has beenexpressly identified by Apple as such in the header file(s) of suchwork; and (b) the object code compiled from such Source Code andoriginally made available by Apple under this License1.8 "Source Code" means the human readable form of a program orother work that is suitable for making modifications to it, includingall modules it contains, plus any associated interface definitionfiles, scripts used to control compilation and installation of anexecutable (object code).1.9 "You" or "Your" means an individual or a legal entityexercising rights under this License. For legal entities, "You" or"Your" includes any entity which controls, is controlled by, or isunder common control with, You, where "control" means (a) the power,direct or indirect, to cause the direction or management of suchentity, whether by contract or otherwise, or (b) ownership of fiftypercent (50%) or more of the outstanding shares or beneficialownership of such entity.2. Permitted Uses; Conditions & Restrictions.Subject to the termsand conditions of this License, Apple hereby grants You, effective onthe date You accept this License and download the Original Code, aworld-wide, royalty-free, non-exclusive license, to the extent ofApple's Applicable Patent Rights and copyrights covering the OriginalCode, to do the following:2.1 Unmodified Code. You may use, reproduce, display, perform,internally distribute within Your organization, and Externally Deployverbatim, unmodified copies of the Original Code, for commercial ornon-commercial purposes, provided that in each instance:(a) You must retain and reproduce in all copies of Original Codethe copyright and other proprietary notices and disclaimers of Appleas they appear in the Original Code, and keep intact all notices inthe Original Code that refer to this License; and(b) You must include a copy of this License with every copy ofSource Code of Covered Code and documentation You distribute orExternally Deploy, and You may not offer or impose any terms on suchSource 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, andExternally Deploy Your Modifications and Covered Code, for commercialor non-commercial purposes, provided that in each instance You alsomeet all of these conditions:(a) You must satisfy all the conditions of Section 2.1 with respectto 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 YourModifications, and cause the modified files to carry prominent noticesstating that You changed the files and the date of any change; and(c) If You Externally Deploy Your Modifications, You must makeSource Code of all Your Externally Deployed Modifications eitheravailable to those to whom You have Externally Deployed YourModifications, or publicly available. Source Code of Your ExternallyDeployed Modifications must be released under the terms set forth inthis License, including the license grants set forth in Section 3below, for as long as you Externally Deploy the Covered Code or twelve(12) months from the date of initial External Deployment, whichever islonger. You should preferably distribute the Source Code of YourExternally Deployed Modifications electronically (e.g. download from aweb site).2.3 Distribution of Executable Versions. In addition, if YouExternally Deploy Covered Code (Original Code and/or Modifications) inobject code, executable form only, You must include a prominentnotice, in the code itself as well as in related documentation,stating that Source Code of the Covered Code is available under theterms of this License with information on how and where to obtain suchSource Code.2.4 Third Party Rights. You expressly acknowledge and agree thatalthough Apple and each Contributor grants the licenses to theirrespective portions of the Covered Code set forth herein, noassurances are provided by Apple or any Contributor that the CoveredCode does not infringe the patent or other intellectual propertyrights of any other entity. Apple and each Contributor disclaim anyliability to You for claims brought by any other entity based oninfringement of intellectual property rights or otherwise. As acondition to exercising the rights and licenses granted hereunder, Youhereby assume sole responsibility to secure any other intellectualproperty rights needed, if any. For example, if a third party patentlicense is required to allow You to distribute the Covered Code, it isYour responsibility to acquire that license before distributing theCovered Code.3. Your Grants.In consideration of, and as a condition to, thelicenses granted to You under this License, You hereby grant to anyperson or entity receiving or distributing Covered Code under thisLicense a non-exclusive, royalty-free, perpetual, irrevocable license,under Your Applicable Patent Rights and other intellectual propertyrights (other than patent) owned or controlled by You, to use,reproduce, display, perform, modify, sublicense, distribute andExternally Deploy Your Modifications of the same scope and extent asApple's licenses under Sections 2.1 and 2.2 above.4. Larger Works.You may create a Larger Work by combining CoveredCode with other code not governed by the terms of this License anddistribute the Larger Work as a single product. In each suchinstance, You must make sure the requirements of this License arefulfilled for the Covered Code or any portion thereof.5. Limitations on Patent License.Except as expressly stated inSection 2, no other patent rights, express or implied, are granted byApple herein. Modifications and/or Larger Works may requireadditional patent licenses from Apple which Apple may grant in itssole discretion.6. Additional Terms.You may choose to offer, and to charge a feefor, warranty, support, indemnity or liability obligations and/orother 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 soleresponsibility, and not on behalf of Apple or any Contributor. Youmust obtain the recipient's agreement that any such Additional Termsare offered by You alone, and You hereby agree to indemnify, defendand hold Apple and every Contributor harmless for any liabilityincurred by or claims asserted against Apple or such Contributor byreason of any such Additional Terms.7. Versions of the License.Apple may publish revised and/or newversions of this License from time to time. Each version will begiven a distinguishing version number. Once Original Code has beenpublished under a particular version of this License, You may continueto use it under the terms of that version. You may also choose to usesuch Original Code under the terms of any subsequent version of thisLicense published by Apple. No one other than Apple has the right tomodify the terms applicable to Covered Code created under thisLicense.8. NO WARRANTY OR SUPPORT.The Covered Code may contain in whole orin part pre-release, untested, or not fully tested works. The CoveredCode may contain errors that could cause failures or loss of data, andmay be incomplete or contain inaccuracies. You expressly acknowledgeand agree that use of the Covered Code, or any portion thereof, is atYour sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" ANDWITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE ANDAPPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THEPURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIMALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULARPURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRDPARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINSTINTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THEFUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED ORERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NOORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLEAUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in theoperation of nuclear facilities, aircraft navigation, communicationsystems, or air traffic control machines in which case the failure ofthe Covered Code could lead to death, personal injury, or severephysical or environmental damage.9. LIMITATION OF LIABILITY.TO THE EXTENT NOT PROHIBITED BY LAW, IN NOEVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATINGTO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, ORANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IFAPPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANYREMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLYTO YOU. In no event shall Apple's total liability to You for alldamages (other than as may be required by applicable law) under thisLicense 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", "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 namebelonging to any Contributor. You agree not to use any Apple Marks inor as part of the name of products derived from the Original Code orto endorse or promote products derived from the Original Code otherthan as expressly permitted by and in strict compliance at all timeswith 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 anyModifications made by such Contributor. Apple retains all rights,title and interest in and to the Original Code and any Modificationsmade by or on behalf of Apple ("Apple Modifications"), and such AppleModifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such AppleModifications under this License, or on different terms from thosecontained in this License or may choose not to license them at all.12. Termination.12.1 Termination. This License and the rights granted hereunder willterminate:(a) automatically without notice from Apple if You fail to complywith any term(s) of this License and fail to cure such breach within30 days of becoming aware of such breach;(b) immediately in theevent of the circumstances described in Section 13.5(b); or(c) automatically without notice from Apple if You, at any timeduring the term of this License, commence an action for patentinfringement against Apple; provided that Apple did not first commencean action for patent infringement against You in that instance.12.2 Effect of Termination. Upon termination, You agree toimmediately stop any further use, reproduction, modification,sublicensing and distribution of the Covered Code. All sublicenses tothe Covered Code which have been properly granted prior to terminationshall survive any termination of this License. Provisions which, bytheir nature, should remain in effect beyond the termination of thisLicense 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 forcompensation, indemnity or damages of any sort solely as a result ofterminating this License in accordance with its terms, and terminationof this License will be without prejudice to any other right or remedyof 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 datarights in the Covered Code include only those rights customarilyprovided to the public as defined in this License. This customarycommercial license in technical data and software is provided inaccordance with FAR 12.211 (Technical Data) and 12.212 (ComputerSoftware) and, for Department of Defense purchases, DFAR 252.227-7015(Technical Data -- Commercial Items) and 227.7202-3 (Rights inCommercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code withonly those rights set forth herein.13.2 Relationship of Parties. This License will not be construed ascreating an agency, partnership, joint venture or any other form oflegal association between or among You, Apple or any Contributor, andYou will not represent to the contrary, whether expressly, byimplication, appearance or otherwise.13.3 Independent Development. Nothing in this License will impairApple's right to acquire, license, develop, have others develop forit, market and/or distribute technology or products that perform thesame or similar functions as, or otherwise compete with,Modifications, Larger Works, technology or products that You maydevelop, produce, market or distribute.13.4 Waiver; Construction. Failure by Apple or any Contributor toenforce any provision of this License will not be deemed a waiver offuture enforcement of that or any other provision. Any law orregulation which provides that the language of a contract shall beconstrued against the drafter will not apply to this License.13.5 Severability. (a) If for any reason a court of competentjurisdiction finds any provision of this License, or portion thereof,to be unenforceable, that provision of the License will be enforced tothe maximum extent permissible so as to effect the economic benefitsand intent of the parties, and the remainder of this License willcontinue in full force and effect. (b) Notwithstanding the foregoing,if applicable law prohibits or restricts You from fully and/orspecifically complying with Sections 2 and/or 3 or prevents theenforceability of either of those Sections, this License willimmediately terminate and You must immediately discontinue any use ofthe Covered Code and destroy all copies of it that are in yourpossession or control.13.6 Dispute Resolution. Any litigation or other dispute resolutionbetween You and Apple relating to this License shall take place in theNorthern District of California, and You and Apple hereby consent tothe personal jurisdiction of, and venue in, the state and federalcourts within that District with respect to this License. Theapplication of the United Nations Convention on Contracts for theInternational Sale of Goods is expressly excluded.13.7 Entire Agreement; Governing Law. This License constitutes theentire agreement between the parties with respect to the subjectmatter hereof. This License shall be governed by the laws of theUnited States and the State of California, except that body ofCalifornia law concerning conflicts of law.Where You are located in the province of Quebec, Canada, the followingclause applies: The parties hereby confirm that they have requestedthat this License and all related documents be drafted in English. Lesparties ont exigé que le présent contrat et tous les documentsconnexes soient rédigés en anglais.EXHIBIT A."Portions Copyright (c) 1999-2003 Apple Computer, Inc. All RightsReserved.This file contains Original Code and/or Modifications of Original Codeas defined in and that are subject to the Apple Public Source LicenseVersion 2.0 (the 'License'). You may not use this file except incompliance with the License. Please obtain a copy of the License athttp://www.opensource.apple.com/apsl/ and read it before using thisfile.The Original Code and all software distributed under the License aredistributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHEREXPRESS 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 andlimitations under the License."Please read the terms of this license carefully. By clickingon the "Yes, I Accept" button below you are accepting and agreeingto the terms of this license with Apple Computer, Inc. If you areagreeing to this license on behalf of a company, you representthat you are authorized to bind the company to such a license. Ifyou do not meet this criterion or you do not agree to any of theterms of this license, please click on the "No, I Reject" buttonbelow or use your browser's Back button to exit this page. Contact ADC | ADC Site Map | ADC Advanced Search For information about Apple Products, please visitApple.com. Contact Apple | Privacy NoticeCopyright © 2001 Apple Computer, Inc. All rights reserved.1-800-MY-APPLE |
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