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-
-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.
-
-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:
-
-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.
-
-1.2 "Covered Code" means the Original Code, Modifications, the
-combination of Original Code and any Modifications, and/or any
-respective portions thereof.
-
-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.
-
-1.4 "Larger Work" means a work which combines Covered Code or portions
-thereof with code not governed by the terms of this License.
-
-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.
-
-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.
-
-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).
-
-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.
-
-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:
-
-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) 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
-
-(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 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
-
-(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.
-
-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 of the Original Code becomes the subject of
-a 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.
-
-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 Sections 9.1 and/or 13.6(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 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.
-
-13. Miscellaneous.
-
-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.
-
-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.
-
-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.
-
-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.
-
-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.
-
-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.
-
-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.
-
-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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