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License Notes
This license is non-free. It used to be available here: http://www.opensource.apple.com/apsl/1.1.txt, but that now only points to APSL 2.0. A copy was taken from archive.org's snapshot from September 01, 2000.
License Text
APPLE PUBLIC SOURCE LICENSE
Version 1.1 - April 19, 1999
Please read this License carefully before downloading this software.
By downloading and 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.
1. General; Definitions. This License applies to any program or
other work which Apple Computer, Inc. ("Apple") publicly announces
as subject to this Apple Public Source License and which contains a
notice placed by Apple identifying such program or work as "Original
Code" and stating that it is subject to the terms of this Apple
Public Source License version 1.1 (or subsequent version thereof),
as it may be revised from time to time by Apple ("License"). As used
in this License:
1.1 "Affected Original Code" means only those specific portions of
Original Code that allegedly infringe upon any party’s intellectual
property rights or are otherwise the subject of a claim of
infringement.
1.2 "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.
1.3 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code
other than for Your internal research and development (R&D), and
includes without limitation, any and all internal use or
distribution of Covered Code within Your business or organization
except for R&D use, as well as direct or indirect sublicensing or
distribution of Covered Code by You to any third party in any form
or manner.
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 Covered Code. 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 You may use, copy, modify and distribute Original Code, with or
without Modifications, solely for Your internal research and
development, provided that You must in each instance:
(a) 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;
(b) include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, 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; and
(c) completely and accurately document all Modifications that you
have made and the date of each such Modification, designate the
version of the Original Code you used, prominently include a file
carrying such information with the Modifications, and duplicate the
notice in Exhibit A in each file of the Source Code of all such
Modifications.
2.2 You may Deploy Covered Code, provided that You must in each
instance:
(a) satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in
Source Code form via electronic distribution (e.g. download from a
web site) under the terms of this License and subject to the license
grants set forth in Section 3 below, and any additional terms You
may choose to offer under Section 6. You must continue to make the
Source Code of Your Deployed Modifications available for as long as
you Deploy the Covered Code or twelve (12) months from the date of
initial Deployment, whichever is longer;
(c) if You Deploy Covered Code containing Modifications made by You,
inform others of how to obtain those Modifications by filling out
and submitting the information found at
http://www.apple.com/publicsource/modifications.html, if available;
and
(d) if You Deploy Covered Code in object code, executable form only,
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.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive,
royalty-free license, under Your Applicable Patent Rights and other
intellectual property rights owned or controlled by You, to use,
reproduce, modify, distribute and Deploy Your Modifications of the
same scope and extent as Apple’s licenses under Sections 2.1 and
2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
worldwide, royalty-free, perpetual and irrevocable license, under
Your Applicable Patent Rights and other intellectual property
rights owned or controlled by You, to use, reproduce, execute,
compile, display, perform, modify or have modified (for Apple and/or
its subsidiaries), sublicense and distribute Your Modifications, in
any form, through multiple tiers of distribution.
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. 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 harmless for any liability incurred by or claims asserted
against Apple 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 Original Code may contain in whole or
in part pre-release, untested, or not fully tested works. The
Original 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 Original Code, or
any portion thereof, is at Your sole and entire risk. The Original
Code is provided "AS IS" and without warranty, upgrades or support
of any kind and Apple and Apple's licensor(s) (for the purposes of
Sections 8 and 9, Apple and Apple's licensor(s) are collectively
referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You
acknowledge that the Original 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 Original Code could lead to death, personal injury, or
severe physical or environmental damage.
9. Liability.
9.1 Infringement. If any portion of, or functionality implemented
by, the Original Code becomes the subject of a claim of
infringement, Apple may, at its option: (a) attempt to procure the
rights necessary for Apple and You to continue using the Affected
Original Code; (b) modify the Affected Original Code so that it is
no longer infringing; or (c) suspend Your rights to use, reproduce,
modify, sublicense and distribute the Affected Original Code until
a final determination of the claim is made by a court or
governmental administrative agency of competent jurisdiction and
Apple lifts the suspension as set forth below. Such suspension of
rights will be effective immediately upon Apple's posting of a
notice to such effect on the Apple web site that is used for
implementation of this License. Upon such final determination being
made, if Apple is legally able, without the payment of a fee or
royalty, to resume use, reproduction, modification, sublicensing
and distribution of the Affected Original Code, Apple will lift the
suspension of rights to the Affected Original Code by posting a
notice to such effect on the Apple web site that is used for
implementation of this License. If Apple suspends Your rights to
Affected Original Code, nothing in this License shall be construed
to restrict You, at Your option and subject to applicable law, from
replacing the Affected Original Code with non-infringing code or
independently negotiating for necessary rights from such third
party.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE 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 ORIGINAL CODE, OR ANY PORTION THEREOF, whether
under a theory of contract, warranty, tort (including negligence),
products liability or otherwise, even if APPLE has been advised of
the possibility of such damages AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
liability to You for all damages 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", "Apple Computer", "Mac OS X",
"Mac OS X Server" or any other trademarks or trade names belonging
to Apple (collectively "Apple Marks") and no Apple Marks may be
used to endorse or promote products derived from the Original Code
other than as permitted by and in strict compliance at all times
with Apple’s third party trademark usage guidelines which are
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. 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. Apple’s
development, use, reproduction, modification, sublicensing and
distribution of Covered Code will not be subject to this License.
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.
12.2 Effect of Termination. Upon termination, You agree to
immediately stop any further use, reproduction, modification,
sublicensing and distribution of the Covered Code and to destroy
all copies of the Covered Code that are in your possession or
control. All sublicenses to the Covered Code which have been
properly granted prior to termination shall survive any
ermination 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. Neither party will be liable to the 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 either 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 You and Apple, 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 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) 1999-2000 Apple Computer, 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 1.1 (the ‘License’). You may not use this
file except in compliance with the License. Please obtain a copy
of the License at http://www.apple.com/publicsource 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 OR
NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."
Please read the terms of this license carefully. By clicking on
the "Yes, I Accept" button below you are accepting and agreeing to
the terms of this license with Apple Computer, Inc. If you are
agreeing to this license on behalf of a company, you represent
that you are authorized to bind the company to such a license. If
you do not meet this criterion or you do not agree to any of the
terms of this license, please click on the "No, I Reject" button
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"Change Registration" button to update your information.