darwin-xnu/APPLE_LICENSE
<<
>>
Prefs
   1APPLE PUBLIC SOURCE LICENSE
   2Version 1.1 - April 19,1999
   3
   4Please read this License carefully before downloading this software.
   5By downloading and using this software, you are agreeing to be bound
   6by the terms of this License.  If you do not or cannot agree to the
   7terms of this License, please do not download or use the software.
   8
   91. General; Definitions.  This License applies to any program or other
  10work which Apple Computer, Inc. ("Apple") publicly announces as
  11subject to this Apple Public Source License and which contains a
  12notice placed by Apple identifying such program or work as "Original
  13Code" and stating that it is subject to the terms of this Apple Public
  14Source License version 1.1 (or subsequent version thereof), as it may
  15be revised from time to time by Apple ("License").  As used in this
  16License:
  17
  181.1 "Affected Original Code" means only those specific portions of
  19Original Code that allegedly infringe upon any party's intellectual
  20property rights or are otherwise the subject of a claim of
  21infringement.
  22
  231.2 "Applicable Patent Rights" mean: (a) in the case where Apple is
  24the grantor of rights, (i) claims of patents that are now or hereafter
  25acquired, owned by or assigned to Apple and (ii) that cover subject
  26matter contained in the Original Code, but only to the extent
  27necessary to use, reproduce and/or distribute the Original Code
  28without infringement; and (b) in the case where You are the grantor of
  29rights, (i) claims of patents that are now or hereafter acquired,
  30owned by or assigned to You and (ii) that cover subject matter in Your
  31Modifications, taken alone or in combination with Original Code.
  32
  331.3 "Covered Code" means the Original Code, Modifications, the
  34combination of Original Code and any Modifications, and/or any
  35respective portions thereof.
  36
  371.4 "Deploy" means to use, sublicense or distribute Covered Code other
  38than for Your internal research and development (R&D), and includes
  39without limitation, any and all internal use or distribution of
  40Covered Code within Your business or organization except for R&D use,
  41as well as direct or indirect sublicensing or distribution of Covered
  42Code by You to any third party in any form or manner.
  43
  441.5 "Larger Work" means a work which combines Covered Code or portions
  45thereof with code not governed by the terms of this License.
  46
  471.6 "Modifications" mean any addition to, deletion from, and/or change
  48to, the substance and/or structure of Covered Code.  When code is
  49released as a series of files, a Modification is: (a) any addition to
  50or deletion from the contents of a file containing Covered Code;
  51and/or (b) any new file or other representation of computer program
  52statements that contains any part of Covered Code.
  53
  541.7 "Original Code" means (a) the Source Code of a program or other
  55work as originally made available by Apple under this License,
  56including the Source Code of any updates or upgrades to such programs
  57or works made available by Apple under this License, and that has been
  58expressly identified by Apple as such in the header file(s) of such
  59work; and (b) the object code compiled from such Source Code and
  60originally made available by Apple under this License.
  61
  621.8 "Source Code" means the human readable form of a program or other
  63work that is suitable for making modifications to it, including all
  64modules it contains, plus any associated interface definition files,
  65scripts used to control compilation and installation of an executable
  66(object code).
  67
  681.9 "You" or "Your" means an individual or a legal entity exercising
  69rights under this License.  For legal entities, "You" or "Your"
  70includes any entity which controls, is controlled by, or is under
  71common control with, You, where "control" means (a) the power, direct
  72or indirect, to cause the direction or management of such entity,
  73whether by contract or otherwise, or (b) ownership of fifty percent
  74(50%) or more of the outstanding shares or beneficial ownership of
  75such entity.
  76
  772. Permitted Uses; Conditions & Restrictions.  Subject to the terms
  78and conditions of this License, Apple hereby grants You, effective on
  79the date You accept this License and download the Original Code, a
  80world-wide, royalty-free, non- exclusive license, to the extent of
  81Apple's Applicable Patent Rights and copyrights covering the Original
  82Code, to do the following:
  83
  842.1 You may use, copy, modify and distribute Original Code, with or
  85without Modifications, solely for Your internal research and
  86development, provided that You must in each instance:
  87
  88(a) retain and reproduce in all copies of Original Code the copyright
  89and other proprietary notices and disclaimers of Apple as they appear
  90in the Original Code, and keep intact all notices in the Original Code
  91that refer to this License;
  92
  93(b) include a copy of this License with every copy of Source Code of
  94Covered Code and documentation You distribute, and You may not offer
  95or impose any terms on such Source Code that alter or restrict this
  96License or the recipients' rights hereunder, except as permitted under
  97Section 6; and
  98
  99(c) completely and accurately document all Modifications that you have
 100made and the date of each such Modification, designate the version of
 101the Original Code you used, prominently include a file carrying such
 102information with the Modifications, and duplicate the notice in
 103Exhibit A in each file of the Source Code of all such Modifications.
 104
 1052.2 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
 109Source Code of the Covered Code;
 110
 111(b) make all Your Deployed Modifications publicly available in Source
 112Code form via electronic distribution (e.g. download from a web site)
 113under the terms of this License and subject to the license grants set
 114forth in Section 3 below, and any additional terms You may choose to
 115offer under Section 6.  You must continue to make the Source Code of
 116Your Deployed Modifications available for as long as you Deploy the
 117Covered Code or twelve (12) months from the date of initial
 118Deployment, whichever is longer;
 119
 120(c) if You Deploy Covered Code containing Modifications made by You,
 121inform others of how to obtain those Modifications by filling out and
 122submitting the information found at
 123http://www.apple.com/publicsource/modifications.html, if available;
 124and
 125
 126(d) if You Deploy Covered Code in object code, executable form only,
 127include a prominent notice, in the code itself as well as in related
 128documentation, stating that Source Code of the Covered Code is
 129available under the terms of this License with information on how and
 130where to obtain such Source Code.
 131
 1323. Your Grants.  In consideration of, and as a condition to, the
 133licenses granted to You under this License:
 134
 135(a) You hereby grant to Apple and all third parties a non-exclusive,
 136royalty-free license, under Your Applicable Patent Rights and other
 137intellectual property rights owned or controlled by You, to use,
 138reproduce, modify, distribute and Deploy Your Modifications of the
 139same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
 140and
 141
 142(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
 143worldwide, royalty-free, perpetual and irrevocable license, under Your
 144Applicable Patent Rights and other intellectual property rights owned
 145or controlled by You, to use, reproduce, execute, compile, display,
 146perform, modify or have modified (for Apple and/or its subsidiaries),
 147sublicense and distribute Your Modifications, in any form, through
 148multiple tiers of distribution.
 149
 1504. Larger Works.  You may create a Larger Work by combining Covered
 151Code with other code not governed by the terms of this License and
 152distribute the Larger Work as a single product.  In each such
 153instance, You must make sure the requirements of this License are
 154fulfilled for the Covered Code or any portion thereof.
 155
 1565. Limitations on Patent License.  Except as expressly stated in
 157Section 2, no other patent rights, express or implied, are granted by
 158Apple herein.  Modifications and/or Larger Works may require
 159additional patent licenses from Apple which Apple may grant in its
 160sole discretion.
 161
 1626. Additional Terms.  You may choose to offer, and to charge a fee
 163for, warranty, support, indemnity or liability obligations and/or
 164other rights consistent with the scope of the license granted herein
 165("Additional Terms") to one or more recipients of Covered
 166Code. However, You may do so only on Your own behalf and as Your sole
 167responsibility, and not on behalf of Apple. You must obtain the
 168recipient's agreement that any such Additional Terms are offered by
 169You alone, and You hereby agree to indemnify, defend and hold Apple
 170harmless for any liability incurred by or claims asserted against
 171Apple by reason of any such Additional Terms.
 172
 1737. Versions of the License.  Apple may publish revised and/or new
 174versions of this License from time to time.  Each version will be
 175given a distinguishing version number.  Once Original Code has been
 176published under a particular version of this License, You may continue
 177to use it under the terms of that version. You may also choose to use
 178such Original Code under the terms of any subsequent version of this
 179License published by Apple.  No one other than Apple has the right to
 180modify the terms applicable to Covered Code created under this
 181License.
 182
 1838. NO WARRANTY OR SUPPORT.  The Original Code may contain in whole or
 184in part pre-release, untested, or not fully tested works.  The
 185Original Code may contain errors that could cause failures or loss of
 186data, and may be incomplete or contain inaccuracies.  You expressly
 187acknowledge and agree that use of the Original Code, or any portion
 188thereof, is at Your sole and entire risk.  THE ORIGINAL CODE IS
 189PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND
 190AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND
 1919, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS
 192"APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
 193OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 194AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
 195FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
 196RIGHTS.  APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
 197ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
 198THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT
 199DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED.  NO ORAL OR WRITTEN
 200INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
 201REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
 202SCOPE OF THIS WARRANTY.  You acknowledge that the Original Code is not
 203intended for use in the operation of nuclear facilities, aircraft
 204navigation, communication systems, or air traffic control machines in
 205which case the failure of the Original Code could lead to death,
 206personal injury, or severe physical or environmental damage.
 207
 2089. Liability.
 209
 2109.1 Infringement.  If any portion of, or functionality implemented by,
 211the Original Code becomes the subject of a claim of infringement,
 212Apple may, at its option: (a) attempt to procure the rights necessary
 213for Apple and You to continue using the Affected Original Code; (b)
 214modify the Affected Original Code so that it is no longer infringing;
 215or (c) suspend Your rights to use, reproduce, modify, sublicense and
 216distribute the Affected Original Code until a final determination of
 217the claim is made by a court or governmental administrative agency of
 218competent jurisdiction and Apple lifts the suspension as set forth
 219below.  Such suspension of rights will be effective immediately upon
 220Apple's posting of a notice to such effect on the Apple web site that
 221is used for implementation of this License.  Upon such final
 222determination being made, if Apple is legally able, without the
 223payment of a fee or royalty, to resume use, reproduction,
 224modification, sublicensing and distribution of the Affected Original
 225Code, Apple will lift the suspension of rights to the Affected
 226Original Code by posting a notice to such effect on the Apple web site
 227that is used for implementation of this License.  If Apple suspends
 228Your rights to Affected Original Code, nothing in this License shall
 229be construed to restrict You, at Your option and subject to applicable
 230law, from replacing the Affected Original Code with non-infringing
 231code or independently negotiating for necessary rights from such third
 232party.
 233
 2349.2 LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL APPLE BE
 235LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
 236ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO
 237USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
 238OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
 239OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
 240SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
 241ANY REMEDY.  In no event shall Apple's total liability to You for all
 242damages under this License exceed the amount of fifty dollars
 243($50.00).
 244
 24510. Trademarks.  This License does not grant any rights to use the
 246trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
 247OS 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
 249or promote products derived from the Original Code other than as
 250permitted by and in strict compliance at all times with Apple's third
 251party trademark usage guidelines which are posted at
 252http://www.apple.com/legal/guidelinesfor3rdparties.html.
 253
 25411. Ownership.  Apple retains all rights, title and interest in and to
 255the Original Code and any Modifications made by or on behalf of Apple
 256("Apple Modifications"), and such Apple Modifications will not be
 257automatically subject to this License.  Apple may, at its sole
 258discretion, choose to license such Apple Modifications under this
 259License, or on different terms from those contained in this License or
 260may choose not to license them at all.  Apple's development, use,
 261reproduction, modification, sublicensing and distribution of Covered
 262Code will not be subject to this License.
 263
 26412. Termination.
 265
 26612.1 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
 270any term(s) of this License and fail to cure such breach within 30
 271days of becoming aware of such breach; (b) immediately in the event of
 272the circumstances described in Section 13.5(b); or (c) automatically
 273without notice from Apple if You, at any time during the term of this
 274License, commence an action for patent infringement against Apple.
 275
 27612.2 Effect of Termination.  Upon termination, You agree to
 277immediately stop any further use, reproduction, modification,
 278sublicensing and distribution of the Covered Code and to destroy all
 279copies of the Covered Code that are in your possession or control.
 280All sublicenses to the Covered Code which have been properly granted
 281prior to termination shall survive any termination of this License.
 282Provisions which, by their nature, should remain in effect beyond the
 283termination of this License shall survive, including but not limited
 284to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13.  Neither party will be
 285liable to the other for compensation, indemnity or damages of any sort
 286solely as a result of terminating this License in accordance with its
 287terms, and termination of this License will be without prejudice to
 288any other right or remedy of either party.
 289
 29013.  Miscellaneous.
 291
 29213.1 Government End Users.  The Covered Code is a "commercial item" as
 293defined in FAR 2.101.  Government software and technical data rights
 294in the Covered Code include only those rights customarily provided to
 295the public as defined in this License. This customary commercial
 296license in technical data and software is provided in accordance with
 297FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for
 298Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
 299Commercial Items) and 227.7202-3 (Rights in Commercial Computer
 300Software or Computer Software Documentation).  Accordingly, all U.S.
 301Government End Users acquire Covered Code with only those rights set
 302forth herein.
 303
 30413.2 Relationship of Parties.  This License will not be construed as
 305creating an agency, partnership, joint venture or any other form of
 306legal association between You and Apple, and You will not represent to
 307the contrary, whether expressly, by implication, appearance or
 308otherwise.
 309
 31013.3 Independent Development.  Nothing in this License will impair
 311Apple's right to acquire, license, develop, have others develop for
 312it, market and/or distribute technology or products that perform the
 313same or similar functions as, or otherwise compete with,
 314Modifications, Larger Works, technology or products that You may
 315develop, produce, market or distribute.
 316
 31713.4 Waiver; Construction.  Failure by Apple to enforce any provision
 318of this License will not be deemed a waiver of future enforcement of
 319that or any other provision.  Any law or regulation which provides
 320that the language of a contract shall be construed against the drafter
 321will not apply to this License.
 322
 32313.5 Severability.  (a) If for any reason a court of competent
 324jurisdiction finds any provision of this License, or portion thereof,
 325to be unenforceable, that provision of the License will be enforced to
 326the maximum extent permissible so as to effect the economic benefits
 327and intent of the parties, and the remainder of this License will
 328continue in full force and effect.  (b) Notwithstanding the foregoing,
 329if applicable law prohibits or restricts You from fully and/or
 330specifically complying with Sections 2 and/or 3 or prevents the
 331enforceability of either of those Sections, this License will
 332immediately terminate and You must immediately discontinue any use of
 333the Covered Code and destroy all copies of it that are in your
 334possession or control.
 335
 33613.6 Dispute Resolution.  Any litigation or other dispute resolution
 337between You and Apple relating to this License shall take place in the
 338Northern District of California, and You and Apple hereby consent to
 339the personal jurisdiction of, and venue in, the state and federal
 340courts within that District with respect to this License. The
 341application of the United Nations Convention on Contracts for the
 342International Sale of Goods is expressly excluded.
 343
 34413.7 Entire Agreement; Governing Law.  This License constitutes the
 345entire agreement between the parties with respect to the subject
 346matter hereof.  This License shall be governed by the laws of the
 347United States and the State of California, except that body of
 348California law concerning conflicts of law.
 349
 350Where You are located in the province of Quebec, Canada, the following
 351clause applies: The parties hereby confirm that they have requested
 352that this License and all related documents be drafted in English. Les
 353parties ont exige que le present contrat et tous les documents
 354connexes soient rediges en anglais.
 355
 356EXHIBIT A.
 357
 358"Portions Copyright (c) 1999-2000 Apple Computer, Inc.  All Rights
 359Reserved.  This file contains Original Code and/or Modifications of
 360Original Code as defined in and that are subject to the Apple Public
 361Source License Version 1.1 (the "License").  You may not use this file
 362except in compliance with the License.  Please obtain a copy of the
 363License at http://www.apple.com/publicsource and read it before using
 364this file.
 365
 366The Original Code and all software distributed under the License are
 367distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER
 368EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
 369INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
 370FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.  Please see the
 371License for the specific language governing rights and limitations
 372under the License."
 373
lxr.linux.no kindly hosted by Redpill Linpro AS, provider of Linux consulting and operations services since 1995.