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diff --git a/common/APSL1.1 b/common/APSL1.1 new file mode 100644 index 0000000..c58abc0 --- /dev/null +++ b/common/APSL1.1 @@ -0,0 +1,395 @@ +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 +below or use your browser's Back button to exit this page. Use the +"Change Registration" button to update your information. |