334 lines
20 KiB
Groff
334 lines
20 KiB
Groff
APPLE PUBLIC SOURCE LICENSE
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Version 1.1 - April 19,1999
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Please read this License carefully before downloading this software.
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By downloading and using this software, you are agreeing to be bound by the
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terms of this License. If you do not or cannot agree to the terms of this
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License, please do not download or use the software.
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1. General; Definitions. This License applies to any program or other work
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which Apple Computer, Inc. ("Apple") publicly announces as subject to this
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Apple Public Source License and which contains a notice placed by Apple identifying
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such program or work as "Original Code" and stating that it is subject to
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the terms of this Apple Public Source License version 1.1 (or subsequent version
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thereof), as it may be revised from time to time by Apple ("License"). As
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used in this License:
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1.1 "Affected Original Code" means only those specific portions of Original
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Code that allegedly infringe upon any party's intellectual property rights
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or are otherwise the subject of a claim of infringement.
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1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
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of rights, (i) claims of patents that are now or hereafter acquired, owned
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by or assigned to Apple and (ii) that cover subject matter contained in the
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Original Code, but only to the extent necessary to use, reproduce and/or distribute
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the Original Code without infringement; and (b) in the case where You are
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the grantor of rights, (i) claims of patents that are now or hereafter acquired,
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owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
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taken alone or in combination with Original Code.
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1.3 "Covered Code" means the Original Code, Modifications, the combination
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of Original Code and any Modifications, and/or any respective portions thereof.
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1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
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for Your internal research and development (R&D), and includes without limitation,
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any and all internal use or distribution of Covered Code within Your business
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or organization except for R&D use, as well as direct or indirect sublicensing
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or distribution of Covered Code by You to any third party in any form or manner.
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1.5 "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.6 "Modifications" mean any addition to, deletion from, and/or change to,
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the substance and/or structure of Covered Code. When code is released as
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a series of files, a Modification is: (a) any addition to or deletion from
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the contents of a file containing Covered Code; and/or (b) any new file or
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other representation of computer program statements that contains any part
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of Covered Code.
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1.7 "Original Code" means (a) the Source Code of a program or other work as
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originally made available by Apple under this License, including the Source
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Code of any updates or upgrades to such programs or works made available by
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Apple under this License, and that has been expressly identified by Apple
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as such in the header file(s) of such work; and (b) the object code compiled
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from such Source Code and originally made available by Apple under this License.
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1.8 "Source Code" means the human readable form of a program or other work
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that is suitable for making modifications to it, including all modules it
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contains, plus any associated interface definition files, scripts used to
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control compilation and installation of an executable (object code).
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1.9 "You" or "Your" means an individual or a legal entity exercising rights
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under this License. For legal entities, "You" or "Your" includes any entity
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which controls, is controlled by, or is under common control with, You, where
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"control" means (a) the power, direct or indirect, to cause the direction
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or management of such entity, whether by contract or otherwise, or (b) ownership
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of fifty percent (50%) or more of the outstanding shares or beneficial ownership
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of such entity.
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2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
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of this License, Apple hereby grants You, effective on the date You accept
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this License and download the Original Code, a world-wide, royalty-free, non-
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exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights
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covering the Original Code, to do the following:
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2.1 You may use, copy, modify and distribute Original Code, with or without
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Modifications, solely for Your internal research and development, provided
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that You must in each instance:
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(a) retain and reproduce in all copies of Original Code the copyright and
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other proprietary notices and disclaimers of Apple as they appear in the Original
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Code, and keep intact all notices in the Original Code that refer to this
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License;
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(b) include a copy of this License with every copy of Source Code of Covered
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Code and documentation You distribute, and You may not offer or impose any
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terms on such Source Code that alter or restrict this License or the recipients'
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rights hereunder, except as permitted under Section 6; and
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(c) completely and accurately document all Modifications that you have made
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and the date of each such Modification, designate the version of the Original
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Code you used, prominently include a file carrying such information with the
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Modifications, and duplicate the notice in Exhibit A in each file of the Source
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Code of all such Modifications.
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2.2 You may Deploy Covered Code, provided that You must in each instance:
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(a) satisfy all the conditions of Section 2.1 with respect to the Source Code
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of the Covered Code;
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(b) make all Your Deployed Modifications publicly available in Source Code
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form via electronic distribution (e.g. download from a web site) under the
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terms of this License and subject to the license grants set forth in Section
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3 below, and any additional terms You may choose to offer under Section 6.
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You must continue to make the Source Code of Your Deployed Modifications available
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for as long as you Deploy the Covered Code or twelve (12) months from the
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date of initial Deployment, whichever is longer;
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(c) if You Deploy Covered Code containing Modifications made by You, inform
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others of how to obtain those Modifications by filling out and submitting
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the information found at http://www.apple.com/publicsource/modifications.html,
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if available; and
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(d) if You Deploy Covered Code in object code, executable form only, include
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a prominent notice, in the code itself as well as in related documentation,
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stating that Source Code of the Covered Code is available under the terms
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of this License with information on how and where to obtain such Source Code.
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3. Your Grants. In consideration of, and as a condition to, the licenses
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granted to You under this License:
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(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
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license, under Your Applicable Patent Rights and other intellectual property
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rights owned or controlled by You, to use, reproduce, modify, distribute and
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Deploy Your Modifications of the same scope and extent as Apple's licenses
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under Sections 2.1 and 2.2; and
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(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
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royalty-free, perpetual and irrevocable license, under Your Applicable Patent
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Rights and other intellectual property rights owned or controlled by You,
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to use, reproduce, execute, compile, display, perform, modify or have modified
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(for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
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in any form, through multiple tiers of distribution.
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4. Larger Works. You may create a Larger Work by combining Covered Code with
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other code not governed by the terms of this License and distribute the Larger
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Work as a single product. In each such instance, You must make sure the requirements
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of this License are fulfilled for the Covered Code or any portion thereof.
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5. Limitations on Patent License. Except as expressly stated in Section 2,
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no other patent rights, express or implied, are granted by Apple herein.
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Modifications and/or Larger Works may require additional patent licenses from
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Apple which Apple may grant in its sole discretion.
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6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
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support, indemnity or liability obligations and/or other rights consistent
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with the scope of the license granted herein ("Additional Terms") to one or
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more recipients of Covered Code. However, You may do so only on Your own behalf
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and as Your sole responsibility, and not on behalf of Apple. You must obtain
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the recipient's agreement that any such Additional Terms are offered by You
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alone, and You hereby agree to indemnify, defend and hold Apple harmless for
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any liability incurred by or claims asserted against Apple by reason of any
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such Additional Terms.
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7. Versions of the License. Apple may publish revised and/or new versions
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of this License from time to time. Each version will be given a distinguishing
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version number. Once Original Code has been published under a particular
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version of this License, You may continue to use it under the terms of that
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version. You may also choose to use such Original Code under the terms of
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any subsequent version of this License published by Apple. No one other than
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Apple has the right to modify the terms applicable to Covered Code created
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under this License.
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8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
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pre-release, untested, or not fully tested works. The Original Code may contain
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errors that could cause failures or loss of data, and may be incomplete or
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contain inaccuracies. You expressly acknowledge and agree that use of the
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Original Code, or any portion thereof, is at Your sole and entire risk. THE
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ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
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OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
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8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
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EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
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OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
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OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
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IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
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THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN
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THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
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GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
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OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
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Original Code is not intended for use in the operation of nuclear facilities,
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aircraft navigation, communication systems, or air traffic control machines
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in which case the failure of the Original Code could lead to death, personal
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injury, or severe physical or environmental damage.
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9. Liability.
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9.1 Infringement. If any portion of, or functionality implemented by, the
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Original Code becomes the subject of a claim of infringement, Apple may, at
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its option: (a) attempt to procure the rights necessary for Apple and You
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to continue using the Affected Original Code; (b) modify the Affected Original
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Code so that it is no longer infringing; or (c) suspend Your rights to use,
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reproduce, modify, sublicense and distribute the Affected Original Code until
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a final determination of the claim is made by a court or governmental administrative
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agency of competent jurisdiction and Apple lifts the suspension as set forth
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below. Such suspension of rights will be effective immediately upon Apple's
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posting of a notice to such effect on the Apple web site that is used for
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implementation of this License. Upon such final determination being made,
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if Apple is legally able, without the payment of a fee or royalty, to resume
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use, reproduction, modification, sublicensing and distribution of the Affected
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Original Code, Apple will lift the suspension of rights to the Affected Original
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Code by posting a notice to such effect on the Apple web site that is used
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for implementation of this License. If Apple suspends Your rights to Affected
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Original Code, nothing in this License shall be construed to restrict You,
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at Your option and subject to applicable law, from replacing the Affected
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Original Code with non-infringing code or independently negotiating for necessary
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rights from such third party.
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9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
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FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
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OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
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CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
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TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
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FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
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liability to You for all damages under this License exceed the amount of fifty
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dollars ($50.00).
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10. Trademarks. This License does not grant any rights to use the trademarks
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or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
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any other trademarks or trade names belonging to Apple (collectively "Apple
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Marks") and no Apple Marks may be used to endorse or promote products derived
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from the Original Code other than as permitted by and in strict compliance
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at all times with Apple's third party trademark usage guidelines which are
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posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
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11. Ownership. Apple retains all rights, title and interest in and to the
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Original Code and any Modifications made by or on behalf of Apple ("Apple
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Modifications"), and such Apple Modifications will not be automatically subject
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to this License. Apple may, at its sole discretion, choose to license such
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Apple Modifications under this License, or on different terms from those contained
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in this License or may choose not to license them at all. Apple's development,
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use, reproduction, modification, sublicensing and distribution of Covered
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Code will not be subject to this License.
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12. Termination.
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12.1 Termination. This License and the rights granted hereunder will terminate:
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(a) automatically without notice from Apple if You fail to comply with any
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term(s) of this License and fail to cure such breach within 30 days of becoming
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aware of such breach;
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(b) immediately in the event of the circumstances described in Section 13.5(b);
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or
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(c) automatically without notice from Apple if You, at any time during the
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term of this License, commence an action for patent infringement against Apple.
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12.2 Effect of Termination. Upon termination, You agree to immediately stop
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any further use, reproduction, modification, sublicensing and distribution
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of the Covered Code and to destroy all copies of the Covered Code that are
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in your possession or control. All sublicenses to the Covered Code which have
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been properly granted prior to termination shall survive any termination of
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this License. Provisions which, by their nature, should remain in effect beyond
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the termination of this License shall survive, including but not limited to
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Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to
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the other for compensation, indemnity or damages of any sort solely as a result
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of terminating this License in accordance with its terms, and termination
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of this License will be without prejudice to any other right or remedy of
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either party.
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13. Miscellaneous.
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13.1 Government End Users. The Covered Code is a "commercial item" as defined
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in FAR 2.101. Government software and technical data rights in the Covered
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Code include only those rights customarily provided to the public as defined
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in this License. This customary commercial license in technical data and software
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is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
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Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
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Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
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or Computer Software Documentation). Accordingly, all U.S. Government End
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Users acquire Covered Code with only those rights set forth herein.
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13.2 Relationship of Parties. This License will not be construed as creating
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an agency, partnership, joint venture or any other form of legal association
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between You and Apple, and You will not represent to the contrary, whether
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expressly, by implication, appearance or otherwise.
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13.3 Independent Development. Nothing in this License will impair Apple's
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right to acquire, license, develop, have others develop for it, market and/or
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distribute technology or products that perform the same or similar functions
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as, or otherwise compete with, Modifications, Larger Works, technology or
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products that You may
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develop, produce, market or distribute.
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13.4 Waiver; Construction. Failure by Apple to enforce any provision of this
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License will not be deemed a waiver of future enforcement of that or any other
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provision. Any law or regulation which provides that the language of a contract
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shall be construed against the drafter will not apply to this License.
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13.5 Severability. (a) If for any reason a court of competent jurisdiction
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finds any provision of this License, or portion thereof, to be unenforceable,
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that provision of the License will be enforced to the maximum extent permissible
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so as to effect the economic benefits and intent of the parties, and the remainder
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of this License will continue in full force and effect. (b) Notwithstanding
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the foregoing, if applicable law prohibits or restricts You from fully and/or
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specifically complying with Sections 2 and/or 3 or prevents the enforceability
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of either of those Sections, this License will immediately terminate and You
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must immediately discontinue any use of the Covered Code and destroy all copies
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of it that are in your possession or control.
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13.6 Dispute Resolution. Any litigation or other dispute resolution between
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You and Apple relating to this License shall take place in the Northern District
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of California, and You and Apple hereby consent to the personal jurisdiction
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of, and venue in, the state and federal courts within that District with respect
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to this License. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded.
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13.7 Entire Agreement; Governing Law. This License constitutes the entire
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agreement between the parties with respect to the subject matter hereof.
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This License shall be governed by the laws of the United States and the State
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of California, except that body of California law concerning conflicts of
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law.
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Where You are located in the province of Quebec, Canada, the following clause
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applies: The parties hereby confirm that they have requested that this License
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and all related documents be drafted in English. Les parties ont exige que
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le present contrat et tous les documents connexes soient rediges en anglais.
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EXHIBIT A.
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"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved.
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This file contains Original Code and/or Modifications of Original Code as
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defined in and that are subject to the Apple Public Source License Version
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1.1 (the "License"). You may not use this file except in compliance with
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the License. Please obtain a copy of the License at http://www.apple.com/publicsource
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and read it before using this file.
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The Original Code and all software distributed under the License are distributed
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on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
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ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
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INFRINGEMENT. Please see the License for the specific language governing
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rights and limitations under the License."
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