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diff --git a/common/APSL1.2 b/common/APSL1.2 new file mode 100644 index 0000000..974d433 --- /dev/null +++ b/common/APSL1.2 @@ -0,0 +1,371 @@ +APPLE PUBLIC SOURCE LICENSE +Version 1.2 - January 4, 2001 + +Please read this License carefully before downloading this software. +By downloading or 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") makes publicly available 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 1.2 (or subsequent version +thereof) ("License"). As used in this License: + +1.1 "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. + +1.2 "Contributor" means any person or entity that creates or +contributes to the creation of Modifications. + +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/or +Personal Use, and includes without limitation, any and all internal +use or distribution of Covered Code within Your business or +organization except for R&D use and/or Personal 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 the Original Code, any previous +Modifications, the combination of Original Code and any previous +Modifications, and/or any respective portions thereof. 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 "Personal Use" means use of Covered Code by an individual solely +for his or her personal, private and non-commercial purposes. An +individual's use of Covered Code in his or her capacity as an officer, +employee, member, independent contractor or agent of a corporation, +business or organization (commercial or non-commercial) does not +qualify as Personal Use. + +1.9 "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). + +1.10 "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, reproduce, display, perform, modify and distribute +Original Code, with or without Modifications, solely for Your internal +research and development and/or Personal Use, provided that in each +instance: + +(a) You must 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; and + +(b) You must 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. + +2.2 You may use, reproduce, display, perform, modify and Deploy +Covered Code, provided that in each instance: + +(a) You must satisfy all the conditions of Section 2.1 with respect to +the Source Code of the Covered Code; + +(b) You must duplicate, to the extent it does not already exist, the +notice in Exhibit A in each file of the Source Code of all Your +Modifications, and cause the modified files to carry prominent notices +stating that You changed the files and the date of any change; + +(c) You must make Source Code of all Your Deployed Modifications +publicly available under the terms of this License, including the +license grants set forth in Section 3 below, for as long as you Deploy +the Covered Code or twelve (12) months from the date of initial +Deployment, whichever is longer. You should preferably distribute the +Source Code of Your Deployed Modifications electronically (e.g. +download from a web site); and + +(d) if You Deploy Covered Code in object code, executable form only, +You must 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. + +2.3 You expressly acknowledge and agree that although Apple and each +Contributor grants the licenses to their respective portions of the +Covered Code set forth herein, no assurances are provided by Apple or +any Contributor that the Covered Code does not infringe the patent or +other intellectual property rights of any other entity. Apple and each +Contributor disclaim any liability to You for claims brought by any +other entity based on infringement of intellectual property rights or +otherwise. As a condition to exercising the rights and licenses +granted hereunder, You hereby assume sole responsibility to secure any +other intellectual property rights needed, if any. For example, if a +third party patent license is required to allow You to distribute the +Covered Code, it is Your responsibility to acquire that license before +distributing the Covered 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 (other than patent) owned or controlled +by You, to use, reproduce, display, perform, 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 (other +than patent) owned or controlled by You, to use, reproduce, 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 or any Contributor. 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 and every Contributor harmless for any liability +incurred by or claims asserted against Apple or such Contributor 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 Covered Code may contain in whole or in +part pre-release, untested, or not fully tested works. The Covered +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 Covered Code, or any portion thereof, is at +Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND +WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND +APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE +PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM +ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT +NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF +MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR +PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD +PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST +INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE +FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, +THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR +ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO +ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE +AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. +You acknowledge that the Covered 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 Covered Code could lead to death, personal injury, or severe +physical or environmental damage. + +9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO +EVENT SHALL APPLE OR ANY CONTRIBUTOR 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 COVERED CODE, OR +ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, +TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF +APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH +DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY +REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF +INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY +TO YOU. In no event shall Apple's total liability to You for all +damages (other than as may be required by applicable law) 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", "QuickTime", "QuickTime Streaming Server" or any other +trademarks or trade names belonging to Apple (collectively "Apple +Marks") or to any trademark or trade name belonging to any +Contributor. 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. Subject to the licenses granted under this License, +each Contributor retains all rights, title and interest in and to any +Modifications made by such Contributor. 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. + +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 termination 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. No party will be liable to any 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 any 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 or among You, Apple or any Contributor, 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 or any Contributor 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 exige que le present contrat et tous les documents +connexes soient rediges en anglais. + +EXHIBIT A. + +"Portions Copyright (c) 1999-2003 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 1.2 (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, QUIET ENJOYMENT OR NON-INFRINGEMENT. +Please see the License for the specific language governing rights and +limitations under the License." |