mirror of
https://codeberg.org/ashley/poke.git
synced 2024-11-14 17:18:41 +01:00
335 lines
20 KiB
Text
335 lines
20 KiB
Text
APPLE PUBLIC SOURCE LICENSE
|
|
Version 2.0 - August 6, 2003
|
|
|
|
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.
|
|
|
|
Apple Note: In January 2007, Apple changed its corporate name from "Apple
|
|
Computer, Inc." to "Apple Inc." This change has been reflected below and
|
|
copyright years updated, but no other changes have been made to the APSL 2.0.
|
|
|
|
1. General; Definitions. This License applies to any program or other
|
|
work which Apple 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 2.0 ("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 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
|
|
make Covered Code available, directly or indirectly, to anyone other than You;
|
|
and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way
|
|
to provide a service, including but not limited to delivery of content, through
|
|
electronic communication with a client other than You.
|
|
|
|
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 "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 Unmodified Code. You may use, reproduce, display, perform, internally
|
|
distribute within Your organization, and Externally Deploy verbatim, unmodified
|
|
copies of the Original Code, for commercial or non-commercial purposes,
|
|
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 or Externally Deploy, 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 Modified Code. You may modify Covered Code and use, reproduce,
|
|
display, perform, internally distribute within Your organization, and
|
|
Externally Deploy Your Modifications and Covered Code, for commercial or
|
|
non-commercial purposes, provided that in each instance You also meet all of
|
|
these conditions:
|
|
|
|
(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; and
|
|
|
|
(c) If You Externally Deploy Your Modifications, You must make Source Code
|
|
of all Your Externally Deployed Modifications either available to those to whom
|
|
You have Externally Deployed Your Modifications, or publicly available. Source
|
|
Code of Your Externally Deployed Modifications must be released under the terms
|
|
set forth in this License, including the license grants set forth in Section 3
|
|
below, for as long as you Externally Deploy the Covered Code or twelve (12)
|
|
months from the date of initial External Deployment, whichever is longer. You
|
|
should preferably distribute the Source Code of Your Externally Deployed
|
|
Modifications electronically (e.g. download from a web site).
|
|
|
|
2.3 Distribution of Executable Versions. In addition, if You Externally
|
|
Deploy Covered Code (Original Code and/or Modifications) 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.
|
|
|
|
2.4 Third Party Rights. 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, You hereby grant to any person or entity
|
|
receiving or distributing Covered Code under this License a non-exclusive,
|
|
royalty-free, perpetual, 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, sublicense,
|
|
distribute and Externally Deploy Your Modifications of the same scope and
|
|
extent as Apple's licenses under Sections 2.1 and 2.2 above.
|
|
|
|
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", "Mac", "Mac OS", "QuickTime", "QuickTime
|
|
Streaming Server" or any other trademarks, service marks, logos or trade names
|
|
belonging to Apple (collectively "Apple Marks") or to any trademark, service
|
|
mark, logo or trade name belonging to any Contributor. You agree not to use
|
|
any Apple Marks in or as part of the name of products derived from the Original
|
|
Code or to endorse or promote products derived from the Original Code other
|
|
than as expressly 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;
|
|
provided that Apple did not first commence an action for patent infringement
|
|
against You in that instance.
|
|
|
|
12.2 Effect of Termination. Upon termination, You agree to immediately stop
|
|
any further use, reproduction, modification, sublicensing and distribution of
|
|
the Covered Code. 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 exigé que le
|
|
présent contrat et tous les documents connexes soient rédigés en anglais.
|
|
|
|
EXHIBIT A.
|
|
|
|
"Portions Copyright (c) 1999-2007 Apple 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 2.0
|
|
(the 'License'). You may not use this file except in compliance with the
|
|
License. Please obtain a copy of the License at
|
|
http://www.opensource.apple.com/apsl/ 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."
|
|
|