Платформа ЦРНП "Мирокод" для разработки проектов
https://git.mirocod.ru
You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
325 lines
20 KiB
325 lines
20 KiB
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."
|
|
|