FreeBSD/Linux Kernel Cross Reference
1 APPLE PUBLIC SOURCE LICENSE
2 Version 2.0 - August 6, 2003
4 Please read this License carefully before downloading this software.
5 By downloading or using this software, you are agreeing to be bound by
6 the terms of this License. If you do not or cannot agree to the terms
7 of this License, please do not download or use the software.
9 1. General; Definitions. This License applies to any program or other
10 work which Apple Computer, Inc. ("Apple") makes publicly available and
11 which contains a notice placed by Apple identifying such program or
12 work as "Original Code" and stating that it is subject to the terms of
13 this Apple Public Source License version 2.0 ("License"). As used in
14 this License:
16 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
17 the grantor of rights, (i) claims of patents that are now or hereafter
18 acquired, owned by or assigned to Apple and (ii) that cover subject
19 matter contained in the Original Code, but only to the extent
20 necessary to use, reproduce and/or distribute the Original Code
21 without infringement; and (b) in the case where You are the grantor of
22 rights, (i) claims of patents that are now or hereafter acquired,
23 owned by or assigned to You and (ii) that cover subject matter in Your
24 Modifications, taken alone or in combination with Original Code.
26 1.2 "Contributor" means any person or entity that creates or
27 contributes to the creation of Modifications.
29 1.3 "Covered Code" means the Original Code, Modifications, the
30 combination of Original Code and any Modifications, and/or any
31 respective portions thereof.
33 1.4 "Externally Deploy" means: (a) to sublicense, distribute or
34 otherwise make Covered Code available, directly or indirectly, to
35 anyone other than You; and/or (b) to use Covered Code, alone or as
36 part of a Larger Work, in any way to provide a service, including but
37 not limited to delivery of content, through electronic communication
38 with a client other than You.
40 1.5 "Larger Work" means a work which combines Covered Code or portions
41 thereof with code not governed by the terms of this License.
43 1.6 "Modifications" mean any addition to, deletion from, and/or change
44 to, the substance and/or structure of the Original Code, any previous
45 Modifications, the combination of Original Code and any previous
46 Modifications, and/or any respective portions thereof. When code is
47 released as a series of files, a Modification is: (a) any addition to
48 or deletion from the contents of a file containing Covered Code;
49 and/or (b) any new file or other representation of computer program
50 statements that contains any part of Covered Code.
52 1.7 "Original Code" means (a) the Source Code of a program or other
53 work as originally made available by Apple under this License,
54 including the Source Code of any updates or upgrades to such programs
55 or works made available by Apple under this License, and that has been
56 expressly identified by Apple as such in the header file(s) of such
57 work; and (b) the object code compiled from such Source Code and
58 originally made available by Apple under this License.
60 1.8 "Source Code" means the human readable form of a program or other
61 work that is suitable for making modifications to it, including all
62 modules it contains, plus any associated interface definition files,
63 scripts used to control compilation and installation of an executable
64 (object code).
66 1.9 "You" or "Your" means an individual or a legal entity exercising
67 rights under this License. For legal entities, "You" or "Your"
68 includes any entity which controls, is controlled by, or is under
69 common control with, You, where "control" means (a) the power, direct
70 or indirect, to cause the direction or management of such entity,
71 whether by contract or otherwise, or (b) ownership of fifty percent
72 (50%) or more of the outstanding shares or beneficial ownership of
73 such entity.
75 2. Permitted Uses; Conditions & Restrictions. Subject to the terms
76 and conditions of this License, Apple hereby grants You, effective on
77 the date You accept this License and download the Original Code, a
78 world-wide, royalty-free, non-exclusive license, to the extent of
79 Apple's Applicable Patent Rights and copyrights covering the Original
80 Code, to do the following:
82 2.1 Unmodified Code. You may use, reproduce, display, perform,
83 internally distribute within Your organization, and Externally Deploy
84 verbatim, unmodified copies of the Original Code, for commercial or
85 non-commercial purposes, provided that in each instance:
87 (a) You must retain and reproduce in all copies of Original Code the
88 copyright and other proprietary notices and disclaimers of Apple as
89 they appear in the Original Code, and keep intact all notices in the
90 Original Code that refer to this License; and
92 (b) You must include a copy of this License with every copy of Source
93 Code of Covered Code and documentation You distribute or Externally
94 Deploy, and You may not offer or impose any terms on such Source Code
95 that alter or restrict this License or the recipients' rights
96 hereunder, except as permitted under Section 6.
98 2.2 Modified Code. You may modify Covered Code and use, reproduce,
99 display, perform, internally distribute within Your organization, and
100 Externally Deploy Your Modifications and Covered Code, for commercial
101 or non-commercial purposes, provided that in each instance You also
102 meet all of these conditions:
104 (a) You must satisfy all the conditions of Section 2.1 with respect to
105 the Source Code of the Covered Code;
107 (b) You must duplicate, to the extent it does not already exist, the
108 notice in Exhibit A in each file of the Source Code of all Your
109 Modifications, and cause the modified files to carry prominent notices
110 stating that You changed the files and the date of any change; and
112 (c) If You Externally Deploy Your Modifications, You must make
113 Source Code of all Your Externally Deployed Modifications either
114 available to those to whom You have Externally Deployed Your
115 Modifications, or publicly available. Source Code of Your Externally
116 Deployed Modifications must be released under the terms set forth in
117 this License, including the license grants set forth in Section 3
118 below, for as long as you Externally Deploy the Covered Code or twelve
119 (12) months from the date of initial External Deployment, whichever is
120 longer. You should preferably distribute the Source Code of Your
121 Externally Deployed Modifications electronically (e.g. download from a
122 web site).
124 2.3 Distribution of Executable Versions. In addition, if You
125 Externally Deploy Covered Code (Original Code and/or Modifications) in
126 object code, executable form only, You must include a prominent
127 notice, in the code itself as well as in related documentation,
128 stating that Source Code of the Covered Code is available under the
129 terms of this License with information on how and where to obtain such
130 Source Code.
132 2.4 Third Party Rights. You expressly acknowledge and agree that
133 although Apple and each Contributor grants the licenses to their
134 respective portions of the Covered Code set forth herein, no
135 assurances are provided by Apple or any Contributor that the Covered
136 Code does not infringe the patent or other intellectual property
137 rights of any other entity. Apple and each Contributor disclaim any
138 liability to You for claims brought by any other entity based on
139 infringement of intellectual property rights or otherwise. As a
140 condition to exercising the rights and licenses granted hereunder, You
141 hereby assume sole responsibility to secure any other intellectual
142 property rights needed, if any. For example, if a third party patent
143 license is required to allow You to distribute the Covered Code, it is
144 Your responsibility to acquire that license before distributing the
145 Covered Code.
147 3. Your Grants. In consideration of, and as a condition to, the
148 licenses granted to You under this License, You hereby grant to any
149 person or entity receiving or distributing Covered Code under this
150 License a non-exclusive, royalty-free, perpetual, irrevocable license,
151 under Your Applicable Patent Rights and other intellectual property
152 rights (other than patent) owned or controlled by You, to use,
153 reproduce, display, perform, modify, sublicense, distribute and
154 Externally Deploy Your Modifications of the same scope and extent as
155 Apple's licenses under Sections 2.1 and 2.2 above.
157 4. Larger Works. You may create a Larger Work by combining Covered
158 Code with other code not governed by the terms of this License and
159 distribute the Larger Work as a single product. In each such instance,
160 You must make sure the requirements of this License are fulfilled for
161 the Covered Code or any portion thereof.
163 5. Limitations on Patent License. Except as expressly stated in
164 Section 2, no other patent rights, express or implied, are granted by
165 Apple herein. Modifications and/or Larger Works may require additional
166 patent licenses from Apple which Apple may grant in its sole
169 6. Additional Terms. You may choose to offer, and to charge a fee for,
170 warranty, support, indemnity or liability obligations and/or other
171 rights consistent with the scope of the license granted herein
172 ("Additional Terms") to one or more recipients of Covered Code.
173 However, You may do so only on Your own behalf and as Your sole
174 responsibility, and not on behalf of Apple or any Contributor. You
175 must obtain the recipient's agreement that any such Additional Terms
176 are offered by You alone, and You hereby agree to indemnify, defend
177 and hold Apple and every Contributor harmless for any liability
178 incurred by or claims asserted against Apple or such Contributor by
179 reason of any such Additional Terms.
181 7. Versions of the License. Apple may publish revised and/or new
182 versions of this License from time to time. Each version will be given
183 a distinguishing version number. Once Original Code has been published
184 under a particular version of this License, You may continue to use it
185 under the terms of that version. You may also choose to use such
186 Original Code under the terms of any subsequent version of this
187 License published by Apple. No one other than Apple has the right to
188 modify the terms applicable to Covered Code created under this
191 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
192 part pre-release, untested, or not fully tested works. The Covered
193 Code may contain errors that could cause failures or loss of data, and
194 may be incomplete or contain inaccuracies. You expressly acknowledge
195 and agree that use of the Covered Code, or any portion thereof, is at
196 Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
197 WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
198 APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
199 PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
200 ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
201 NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
202 MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
203 PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
204 PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
205 INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
206 FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
207 THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
208 ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
209 ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
210 AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
211 You acknowledge that the Covered Code is not intended for use in the
212 operation of nuclear facilities, aircraft navigation, communication
213 systems, or air traffic control machines in which case the failure of
214 the Covered Code could lead to death, personal injury, or severe
215 physical or environmental damage.
217 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
218 EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
219 SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
220 TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
221 ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
222 TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
223 APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
224 DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
225 REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
226 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
227 TO YOU. In no event shall Apple's total liability to You for all
228 damages (other than as may be required by applicable law) under this
229 License exceed the amount of fifty dollars ($50.00).
231 10. Trademarks. This License does not grant any rights to use the
232 trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
233 "QuickTime", "QuickTime Streaming Server" or any other trademarks,
234 service marks, logos or trade names belonging to Apple (collectively
235 "Apple Marks") or to any trademark, service mark, logo or trade name
236 belonging to any Contributor. You agree not to use any Apple Marks in
237 or as part of the name of products derived from the Original Code or
238 to endorse or promote products derived from the Original Code other
239 than as expressly permitted by and in strict compliance at all times
240 with Apple's third party trademark usage guidelines which are posted
241 at http://www.apple.com/legal/guidelinesfor3rdparties.html.
243 11. Ownership. Subject to the licenses granted under this License,
244 each Contributor retains all rights, title and interest in and to any
245 Modifications made by such Contributor. Apple retains all rights,
246 title and interest in and to the Original Code and any Modifications
247 made by or on behalf of Apple ("Apple Modifications"), and such Apple
248 Modifications will not be automatically subject to this License. Apple
249 may, at its sole discretion, choose to license such Apple
250 Modifications under this License, or on different terms from those
251 contained in this License or may choose not to license them at all.
253 12. Termination.
255 12.1 Termination. This License and the rights granted hereunder will
258 (a) automatically without notice from Apple if You fail to comply with
259 any term(s) of this License and fail to cure such breach within 30
260 days of becoming aware of such breach;
262 (b) immediately in the event of the circumstances described in Section
263 13.5(b); or
265 (c) automatically without notice from Apple if You, at any time during
266 the term of this License, commence an action for patent infringement
267 against Apple; provided that Apple did not first commence
268 an action for patent infringement against You in that instance.
270 12.2 Effect of Termination. Upon termination, You agree to immediately
271 stop any further use, reproduction, modification, sublicensing and
272 distribution of the Covered Code. All sublicenses to the Covered Code
273 which have been properly granted prior to termination shall survive
274 any termination of this License. Provisions which, by their nature,
275 should remain in effect beyond the termination of this License shall
276 survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
277 12.2 and 13. No party will be liable to any other for compensation,
278 indemnity or damages of any sort solely as a result of terminating
279 this License in accordance with its terms, and termination of this
280 License will be without prejudice to any other right or remedy of
281 any party.
283 13. Miscellaneous.
285 13.1 Government End Users. The Covered Code is a "commercial item" as
286 defined in FAR 2.101. Government software and technical data rights in
287 the Covered Code include only those rights customarily provided to the
288 public as defined in this License. This customary commercial license
289 in technical data and software is provided in accordance with FAR
290 12.211 (Technical Data) and 12.212 (Computer Software) and, for
291 Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
292 Commercial Items) and 227.7202-3 (Rights in Commercial Computer
293 Software or Computer Software Documentation). Accordingly, all U.S.
294 Government End Users acquire Covered Code with only those rights set
295 forth herein.
297 13.2 Relationship of Parties. This License will not be construed as
298 creating an agency, partnership, joint venture or any other form of
299 legal association between or among You, Apple or any Contributor, and
300 You will not represent to the contrary, whether expressly, by
301 implication, appearance or otherwise.
303 13.3 Independent Development. Nothing in this License will impair
304 Apple's right to acquire, license, develop, have others develop for
305 it, market and/or distribute technology or products that perform the
306 same or similar functions as, or otherwise compete with,
307 Modifications, Larger Works, technology or products that You may
308 develop, produce, market or distribute.
310 13.4 Waiver; Construction. Failure by Apple or any Contributor to
311 enforce any provision of this License will not be deemed a waiver of
312 future enforcement of that or any other provision. Any law or
313 regulation which provides that the language of a contract shall be
314 construed against the drafter will not apply to this License.
316 13.5 Severability. (a) If for any reason a court of competent
317 jurisdiction finds any provision of this License, or portion thereof,
318 to be unenforceable, that provision of the License will be enforced to
319 the maximum extent permissible so as to effect the economic benefits
320 and intent of the parties, and the remainder of this License will
321 continue in full force and effect. (b) Notwithstanding the foregoing,
322 if applicable law prohibits or restricts You from fully and/or
323 specifically complying with Sections 2 and/or 3 or prevents the
324 enforceability of either of those Sections, this License will
325 immediately terminate and You must immediately discontinue any use of
326 the Covered Code and destroy all copies of it that are in your
327 possession or control.
329 13.6 Dispute Resolution. Any litigation or other dispute resolution
330 between You and Apple relating to this License shall take place in the
331 Northern District of California, and You and Apple hereby consent to
332 the personal jurisdiction of, and venue in, the state and federal
333 courts within that District with respect to this License. The
334 application of the United Nations Convention on Contracts for the
335 International Sale of Goods is expressly excluded.
337 13.7 Entire Agreement; Governing Law. This License constitutes the
338 entire agreement between the parties with respect to the subject
339 matter hereof. This License shall be governed by the laws of the
340 United States and the State of California, except that body of
341 California law concerning conflicts of law.
343 Where You are located in the province of Quebec, Canada, the following
344 clause applies: The parties hereby confirm that they have requested
345 that this License and all related documents be drafted in English. Les
346 parties ont exige que le present contrat et tous les documents
347 connexes soient rediges en anglais.
349 EXHIBIT A.
351 "Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
354 This file contains Original Code and/or Modifications of Original Code
355 as defined in and that are subject to the Apple Public Source License
356 Version 2.0 (the 'License'). You may not use this file except in
357 compliance with the License. Please obtain a copy of the License at
358 http://www.opensource.apple.com/apsl/ and read it before using this
361 The Original Code and all software distributed under the License are
362 distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
363 EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
364 INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
365 FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
366 Please see the License for the specific language governing rights and
367 limitations under the License."
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