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Apple Public Source License 1.0 | Software Package Data Exchange (SPDX)
Apple Public Source License 1.0
Full name
Apple Public Source License 1.0
Short identifier
APSL-1.0
Other web pages for this license
Notes
This license was released 16 March 1999.
Text
APPLE PUBLIC SOURCE LICENSE
Version 1.0 - March 16, 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.
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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 1.0 (or subsequent version thereof), as it may be revised from time to time by Apple
("License"). As used in this License:
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1.1
"Applicable Patents" mean: (a) in the case where Apple is the grantor of rights,
(i) patents or patent applications that are now or hereafter acquired, owned by or
assigned to Apple and (ii) whose claims 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)
patents and patent applications that are now or hereafter acquired, owned by or assigned
to You and (ii) whose claims cover subject matter in Your Modifications, taken alone or in
combination with Original Code.
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1.2
"Covered Code" means the Original Code, Modifications, the combination of Original
Code and any Modifications, and/or any respective portions thereof.
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1.3
"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.
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1.4
"Larger Work" means a work which combines Covered Code or portions thereof with
code not governed by the terms of this License.
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1.5
"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.
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1.6
"Original Code" means 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.
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1.7
"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).
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1.8
"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.
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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 Patents and copyrights covering the Original Code, to do the
following:
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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:
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(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;
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(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
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(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.
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2.2
You may Deploy Covered Code, provided that You must in each instance:
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(a)
satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
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(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;
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(c)
must notify Apple and other third parties of how to obtain Your Deployed Modifications by
filling out and submitting the required information found at
http://www.apple.com/publicsource/modifications.html; and
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(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.
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3.
Your Grants. In consideration of, and as a condition to, the licenses granted to You under this
License:
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(a)
You hereby grant to Apple and all third parties a non-exclusive, royalty-free license,
under Your Applicable Patents 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
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(b)
You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free,
perpetual and irrevocable license, under Your Applicable Patents 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.
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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.
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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.
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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.
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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.
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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.
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9.
Liability.
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9.1
Infringement. If any of the Original Code becomes the subject ofa claim of infringement
("Affected Original Code"), Apple may, at its sole discretion and option: (a)
attempt to procure the rights necessary for You to continue using the Affected Original
Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c)
terminate Your rights to use the Affected Original Code, 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.
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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).
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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.
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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.
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12.
Termination.
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12.1
Termination. This License and the rights granted hereunder will terminate:
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(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;
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(b)
immediately in the event of the circumstances described in Sections 9.1 and/or 13.6(b); or
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(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.
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12.2
Effect of Termination. Upon termination, You agree to immediately stop any further use,
reproduction, modification and distribution of the Covered Code, or Affected Original Code
in the case of termination under Section 9.1, and to destroy all copies of the Covered
Code or Affected Original Code (in the case of
termination under Section 9.1) 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. 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.
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13.
Miscellaneous.
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13.1
Export Law Assurances. You may not use or otherwise export or re-export the Original Code
except as authorized by United States law and the laws of the jurisdiction in which the
Original Code was obtained. In particular, but without limitation, the Original Code may
not be exported or re-exported (a) into (or to a national or resident of) any U.S.
embargoed country or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial
Orders. By using the Original Code, You represent and warrant that You are not located in,
under control of, or a national or resident of any such country or on any such list.
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13.2
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.
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13.3
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.
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13.4
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.
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13.5
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.
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13.6
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.
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13.7
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.
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13.8
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 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 1.0 (the 'License'). You may not use this file except in compliance
with the License. Please obtain a copy of the License at http://www.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."
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