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-
-APPLE PUBLIC SOURCE LICENSE
-Version 1.1 - April 19,1999
-
-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 1.1 (or subsequent version thereof), as it may
-be revised from time to time by Apple ("License"). As used in this
-License:
-
-1.1 "Affected Original Code" means only those specific portions of
-Original Code that allegedly infringe upon any party`s intellectual
-property rights or are otherwise the subject of a claim of
-infringement.
-
-1.2 "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.
-
-1.3 "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 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.
-
-1.5 "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 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.
-
-1.7 "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 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) if You Deploy Covered Code containing Modifications made by You,
-inform others of how to obtain those Modifications by filling out and
-submitting the information found at
-http://www.apple.com/publicsource/modifications.html, if available;
-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 Patent Rights 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 Patent Rights 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 portion of, or functionality implemented by,
-the Original Code becomes the subject of a claim of infringement,
-Apple may, at its option: (a) attempt to procure the rights necessary
-for Apple and You to continue using the Affected Original Code; (b)
-modify the Affected Original Code so that it is no longer infringing;
-or (c) suspend Your rights to use, reproduce, modify, sublicense and
-distribute the Affected Original Code until a final determination of
-the claim is made by a court or governmental administrative agency of
-competent jurisdiction and Apple lifts the suspension as set forth
-below. Such suspension of rights will be 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. Upon such final
-determination being made, if Apple is legally able, without the
-payment of a fee or royalty, to resume use, reproduction,
-modification, sublicensing and distribution of the Affected Original
-Code, Apple will lift the suspension of rights to the Affected
-Original Code by posting a notice to such effect on the Apple web site
-that is used for implementation of this License. If Apple suspends
-Your rights to Affected Original Code, nothing in this License shall
-be construed to restrict You, at Your option and subject to applicable
-law, from replacing the Affected Original Code with non-infringing
-code or independently negotiating for necessary rights from such third
-party.
-
-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 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. 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 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 You and Apple, 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 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) 1999-2000 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 1.1 (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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