The Design and Implementation of the FreeBSD Operating System, Second Edition
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    1 APPLE PUBLIC SOURCE LICENSE
    2 Version 1.1 - April 19,1999
    3 
    4 Please read this License carefully before downloading this software.
    5 By downloading and using this software, you are agreeing to be bound
    6 by the terms of this License.  If you do not or cannot agree to the
    7 terms of this License, please do not download or use the software.
    8 
    9 1. General; Definitions.  This License applies to any program or other
   10 work which Apple Computer, Inc. ("Apple") publicly announces as
   11 subject to this Apple Public Source License and which contains a
   12 notice placed by Apple identifying such program or work as "Original
   13 Code" and stating that it is subject to the terms of this Apple Public
   14 Source License version 1.1 (or subsequent version thereof), as it may
   15 be revised from time to time by Apple ("License").  As used in this
   16 License:
   17 
   18 1.1 "Affected Original Code" means only those specific portions of
   19 Original Code that allegedly infringe upon any party's intellectual
   20 property rights or are otherwise the subject of a claim of
   21 infringement.
   22 
   23 1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is
   24 the grantor of rights, (i) claims of patents that are now or hereafter
   25 acquired, owned by or assigned to Apple and (ii) that cover subject
   26 matter contained in the Original Code, but only to the extent
   27 necessary to use, reproduce and/or distribute the Original Code
   28 without infringement; and (b) in the case where You are the grantor of
   29 rights, (i) claims of patents that are now or hereafter acquired,
   30 owned by or assigned to You and (ii) that cover subject matter in Your
   31 Modifications, taken alone or in combination with Original Code.
   32 
   33 1.3 "Covered Code" means the Original Code, Modifications, the
   34 combination of Original Code and any Modifications, and/or any
   35 respective portions thereof.
   36 
   37 1.4 "Deploy" means to use, sublicense or distribute Covered Code other
   38 than for Your internal research and development (R&D), and includes
   39 without limitation, any and all internal use or distribution of
   40 Covered Code within Your business or organization except for R&D use,
   41 as well as direct or indirect sublicensing or distribution of Covered
   42 Code by You to any third party in any form or manner.
   43 
   44 1.5 "Larger Work" means a work which combines Covered Code or portions
   45 thereof with code not governed by the terms of this License.
   46 
   47 1.6 "Modifications" mean any addition to, deletion from, and/or change
   48 to, the substance and/or structure of Covered Code.  When code is
   49 released as a series of files, a Modification is: (a) any addition to
   50 or deletion from the contents of a file containing Covered Code;
   51 and/or (b) any new file or other representation of computer program
   52 statements that contains any part of Covered Code.
   53 
   54 1.7 "Original Code" means (a) the Source Code of a program or other
   55 work as originally made available by Apple under this License,
   56 including the Source Code of any updates or upgrades to such programs
   57 or works made available by Apple under this License, and that has been
   58 expressly identified by Apple as such in the header file(s) of such
   59 work; and (b) the object code compiled from such Source Code and
   60 originally made available by Apple under this License.
   61 
   62 1.8 "Source Code" means the human readable form of a program or other
   63 work that is suitable for making modifications to it, including all
   64 modules it contains, plus any associated interface definition files,
   65 scripts used to control compilation and installation of an executable
   66 (object code).
   67 
   68 1.9 "You" or "Your" means an individual or a legal entity exercising
   69 rights under this License.  For legal entities, "You" or "Your"
   70 includes any entity which controls, is controlled by, or is under
   71 common control with, You, where "control" means (a) the power, direct
   72 or indirect, to cause the direction or management of such entity,
   73 whether by contract or otherwise, or (b) ownership of fifty percent
   74 (50%) or more of the outstanding shares or beneficial ownership of
   75 such entity.
   76 
   77 2. Permitted Uses; Conditions & Restrictions.  Subject to the terms
   78 and conditions of this License, Apple hereby grants You, effective on
   79 the date You accept this License and download the Original Code, a
   80 world-wide, royalty-free, non- exclusive license, to the extent of
   81 Apple's Applicable Patent Rights and copyrights covering the Original
   82 Code, to do the following:
   83 
   84 2.1 You may use, copy, modify and distribute Original Code, with or
   85 without Modifications, solely for Your internal research and
   86 development, provided that You must in each instance:
   87 
   88 (a) retain and reproduce in all copies of Original Code the copyright
   89 and other proprietary notices and disclaimers of Apple as they appear
   90 in the Original Code, and keep intact all notices in the Original Code
   91 that refer to this License;
   92 
   93 (b) include a copy of this License with every copy of Source Code of
   94 Covered Code and documentation You distribute, and You may not offer
   95 or impose any terms on such Source Code that alter or restrict this
   96 License or the recipients' rights hereunder, except as permitted under
   97 Section 6; and
   98 
   99 (c) completely and accurately document all Modifications that you have
  100 made and the date of each such Modification, designate the version of
  101 the Original Code you used, prominently include a file carrying such
  102 information with the Modifications, and duplicate the notice in
  103 Exhibit A in each file of the Source Code of all such Modifications.
  104 
  105 2.2 You may Deploy Covered Code, provided that You must in each
  106   instance:
  107 
  108 (a) satisfy all the conditions of Section 2.1 with respect to the
  109 Source Code of the Covered Code;
  110 
  111 (b) make all Your Deployed Modifications publicly available in Source
  112 Code form via electronic distribution (e.g. download from a web site)
  113 under the terms of this License and subject to the license grants set
  114 forth in Section 3 below, and any additional terms You may choose to
  115 offer under Section 6.  You must continue to make the Source Code of
  116 Your Deployed Modifications available for as long as you Deploy the
  117 Covered Code or twelve (12) months from the date of initial
  118 Deployment, whichever is longer;
  119 
  120 (c) if You Deploy Covered Code containing Modifications made by You,
  121 inform others of how to obtain those Modifications by filling out and
  122 submitting the information found at
  123 http://www.apple.com/publicsource/modifications.html, if available;
  124 and
  125 
  126 (d) if You Deploy Covered Code in object code, executable form only,
  127 include a prominent notice, in the code itself as well as in related
  128 documentation, stating that Source Code of the Covered Code is
  129 available under the terms of this License with information on how and
  130 where to obtain such Source Code.
  131 
  132 3. Your Grants.  In consideration of, and as a condition to, the
  133 licenses granted to You under this License:
  134 
  135 (a) You hereby grant to Apple and all third parties a non-exclusive,
  136 royalty-free license, under Your Applicable Patent Rights and other
  137 intellectual property rights owned or controlled by You, to use,
  138 reproduce, modify, distribute and Deploy Your Modifications of the
  139 same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
  140 and
  141 
  142 (b) You hereby grant to Apple and its subsidiaries a non-exclusive,
  143 worldwide, royalty-free, perpetual and irrevocable license, under Your
  144 Applicable Patent Rights and other intellectual property rights owned
  145 or controlled by You, to use, reproduce, execute, compile, display,
  146 perform, modify or have modified (for Apple and/or its subsidiaries),
  147 sublicense and distribute Your Modifications, in any form, through
  148 multiple tiers of distribution.
  149 
  150 4. Larger Works.  You may create a Larger Work by combining Covered
  151 Code with other code not governed by the terms of this License and
  152 distribute the Larger Work as a single product.  In each such
  153 instance, You must make sure the requirements of this License are
  154 fulfilled for the Covered Code or any portion thereof.
  155 
  156 5. Limitations on Patent License.  Except as expressly stated in
  157 Section 2, no other patent rights, express or implied, are granted by
  158 Apple herein.  Modifications and/or Larger Works may require
  159 additional patent licenses from Apple which Apple may grant in its
  160 sole discretion.
  161 
  162 6. Additional Terms.  You may choose to offer, and to charge a fee
  163 for, warranty, support, indemnity or liability obligations and/or
  164 other rights consistent with the scope of the license granted herein
  165 ("Additional Terms") to one or more recipients of Covered
  166 Code. However, You may do so only on Your own behalf and as Your sole
  167 responsibility, and not on behalf of Apple. You must obtain the
  168 recipient's agreement that any such Additional Terms are offered by
  169 You alone, and You hereby agree to indemnify, defend and hold Apple
  170 harmless for any liability incurred by or claims asserted against
  171 Apple by reason of any such Additional Terms.
  172 
  173 7. Versions of the License.  Apple may publish revised and/or new
  174 versions of this License from time to time.  Each version will be
  175 given a distinguishing version number.  Once Original Code has been
  176 published under a particular version of this License, You may continue
  177 to use it under the terms of that version. You may also choose to use
  178 such Original Code under the terms of any subsequent version of this
  179 License published by Apple.  No one other than Apple has the right to
  180 modify the terms applicable to Covered Code created under this
  181 License.
  182 
  183 8. NO WARRANTY OR SUPPORT.  The Original Code may contain in whole or
  184 in part pre-release, untested, or not fully tested works.  The
  185 Original Code may contain errors that could cause failures or loss of
  186 data, and may be incomplete or contain inaccuracies.  You expressly
  187 acknowledge and agree that use of the Original Code, or any portion
  188 thereof, is at Your sole and entire risk.  THE ORIGINAL CODE IS
  189 PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND
  190 AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND
  191 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS
  192 "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
  193 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
  194 AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
  195 FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
  196 RIGHTS.  APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
  197 ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
  198 THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT
  199 DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED.  NO ORAL OR WRITTEN
  200 INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
  201 REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
  202 SCOPE OF THIS WARRANTY.  You acknowledge that the Original Code is not
  203 intended for use in the operation of nuclear facilities, aircraft
  204 navigation, communication systems, or air traffic control machines in
  205 which case the failure of the Original Code could lead to death,
  206 personal injury, or severe physical or environmental damage.
  207 
  208 9. Liability.
  209 
  210 9.1 Infringement.  If any portion of, or functionality implemented by,
  211 the Original Code becomes the subject of a claim of infringement,
  212 Apple may, at its option: (a) attempt to procure the rights necessary
  213 for Apple and You to continue using the Affected Original Code; (b)
  214 modify the Affected Original Code so that it is no longer infringing;
  215 or (c) suspend Your rights to use, reproduce, modify, sublicense and
  216 distribute the Affected Original Code until a final determination of
  217 the claim is made by a court or governmental administrative agency of
  218 competent jurisdiction and Apple lifts the suspension as set forth
  219 below.  Such suspension of rights will be effective immediately upon
  220 Apple's posting of a notice to such effect on the Apple web site that
  221 is used for implementation of this License.  Upon such final
  222 determination being made, if Apple is legally able, without the
  223 payment of a fee or royalty, to resume use, reproduction,
  224 modification, sublicensing and distribution of the Affected Original
  225 Code, Apple will lift the suspension of rights to the Affected
  226 Original Code by posting a notice to such effect on the Apple web site
  227 that is used for implementation of this License.  If Apple suspends
  228 Your rights to Affected Original Code, nothing in this License shall
  229 be construed to restrict You, at Your option and subject to applicable
  230 law, from replacing the Affected Original Code with non-infringing
  231 code or independently negotiating for necessary rights from such third
  232 party.
  233 
  234 9.2 LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL APPLE BE
  235 LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
  236 ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO
  237 USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
  238 OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
  239 OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
  240 SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
  241 ANY REMEDY.  In no event shall Apple's total liability to You for all
  242 damages under this License exceed the amount of fifty dollars
  243 ($50.00).
  244 
  245 10. Trademarks.  This License does not grant any rights to use the
  246 trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
  247 OS X Server" or any other trademarks or trade names belonging to Apple
  248 (collectively "Apple Marks") and no Apple Marks may be used to endorse
  249 or promote products derived from the Original Code other than as
  250 permitted by and in strict compliance at all times with Apple's third
  251 party trademark usage guidelines which are posted at
  252 http://www.apple.com/legal/guidelinesfor3rdparties.html.
  253 
  254 11. Ownership.  Apple retains all rights, title and interest in and to
  255 the Original Code and any Modifications made by or on behalf of Apple
  256 ("Apple Modifications"), and such Apple Modifications will not be
  257 automatically subject to this License.  Apple may, at its sole
  258 discretion, choose to license such Apple Modifications under this
  259 License, or on different terms from those contained in this License or
  260 may choose not to license them at all.  Apple's development, use,
  261 reproduction, modification, sublicensing and distribution of Covered
  262 Code will not be subject to this License.
  263 
  264 12. Termination.
  265 
  266 12.1 Termination.  This License and the rights granted hereunder will
  267    terminate:
  268 
  269 (a) automatically without notice from Apple if You fail to comply with
  270 any term(s) of this License and fail to cure such breach within 30
  271 days of becoming aware of such breach; (b) immediately in the event of
  272 the circumstances described in Section 13.5(b); or (c) automatically
  273 without notice from Apple if You, at any time during the term of this
  274 License, commence an action for patent infringement against Apple.
  275 
  276 12.2 Effect of Termination.  Upon termination, You agree to
  277 immediately stop any further use, reproduction, modification,
  278 sublicensing and distribution of the Covered Code and to destroy all
  279 copies of the Covered Code that are in your possession or control.
  280 All sublicenses to the Covered Code which have been properly granted
  281 prior to termination shall survive any termination of this License.
  282 Provisions which, by their nature, should remain in effect beyond the
  283 termination of this License shall survive, including but not limited
  284 to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13.  Neither party will be
  285 liable to the other for compensation, indemnity or damages of any sort
  286 solely as a result of terminating this License in accordance with its
  287 terms, and termination of this License will be without prejudice to
  288 any other right or remedy of either party.
  289 
  290 13.  Miscellaneous.
  291 
  292 13.1 Government End Users.  The Covered Code is a "commercial item" as
  293 defined in FAR 2.101.  Government software and technical data rights
  294 in the Covered Code include only those rights customarily provided to
  295 the public as defined in this License. This customary commercial
  296 license in technical data and software is provided in accordance with
  297 FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for
  298 Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
  299 Commercial Items) and 227.7202-3 (Rights in Commercial Computer
  300 Software or Computer Software Documentation).  Accordingly, all U.S.
  301 Government End Users acquire Covered Code with only those rights set
  302 forth herein.
  303 
  304 13.2 Relationship of Parties.  This License will not be construed as
  305 creating an agency, partnership, joint venture or any other form of
  306 legal association between You and Apple, and You will not represent to
  307 the contrary, whether expressly, by implication, appearance or
  308 otherwise.
  309 
  310 13.3 Independent Development.  Nothing in this License will impair
  311 Apple's right to acquire, license, develop, have others develop for
  312 it, market and/or distribute technology or products that perform the
  313 same or similar functions as, or otherwise compete with,
  314 Modifications, Larger Works, technology or products that You may
  315 develop, produce, market or distribute.
  316 
  317 13.4 Waiver; Construction.  Failure by Apple to enforce any provision
  318 of this License will not be deemed a waiver of future enforcement of
  319 that or any other provision.  Any law or regulation which provides
  320 that the language of a contract shall be construed against the drafter
  321 will not apply to this License.
  322 
  323 13.5 Severability.  (a) If for any reason a court of competent
  324 jurisdiction finds any provision of this License, or portion thereof,
  325 to be unenforceable, that provision of the License will be enforced to
  326 the maximum extent permissible so as to effect the economic benefits
  327 and intent of the parties, and the remainder of this License will
  328 continue in full force and effect.  (b) Notwithstanding the foregoing,
  329 if applicable law prohibits or restricts You from fully and/or
  330 specifically complying with Sections 2 and/or 3 or prevents the
  331 enforceability of either of those Sections, this License will
  332 immediately terminate and You must immediately discontinue any use of
  333 the Covered Code and destroy all copies of it that are in your
  334 possession or control.
  335 
  336 13.6 Dispute Resolution.  Any litigation or other dispute resolution
  337 between You and Apple relating to this License shall take place in the
  338 Northern District of California, and You and Apple hereby consent to
  339 the personal jurisdiction of, and venue in, the state and federal
  340 courts within that District with respect to this License. The
  341 application of the United Nations Convention on Contracts for the
  342 International Sale of Goods is expressly excluded.
  343 
  344 13.7 Entire Agreement; Governing Law.  This License constitutes the
  345 entire agreement between the parties with respect to the subject
  346 matter hereof.  This License shall be governed by the laws of the
  347 United States and the State of California, except that body of
  348 California law concerning conflicts of law.
  349 
  350 Where You are located in the province of Quebec, Canada, the following
  351 clause applies: The parties hereby confirm that they have requested
  352 that this License and all related documents be drafted in English. Les
  353 parties ont exige que le present contrat et tous les documents
  354 connexes soient rediges en anglais.
  355 
  356 EXHIBIT A.
  357 
  358 "Portions Copyright (c) 1999-2000 Apple Computer, Inc.  All Rights
  359 Reserved.  This file contains Original Code and/or Modifications of
  360 Original Code as defined in and that are subject to the Apple Public
  361 Source License Version 1.1 (the "License").  You may not use this file
  362 except in compliance with the License.  Please obtain a copy of the
  363 License at http://www.apple.com/publicsource and read it before using
  364 this file.
  365 
  366 The Original Code and all software distributed under the License are
  367 distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER
  368 EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
  369 INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
  370 FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.  Please see the
  371 License for the specific language governing rights and limitations
  372 under the License."

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