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APPLE PUBLIC SOURCE LICENSE
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Version 1.1 - April 19,1999
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Please read this License carefully before downloading this software.
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By downloading and using this software, you are agreeing to be bound
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by the terms of this License. If you do not or cannot agree to the
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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
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work which Apple Computer, Inc. ("Apple") publicly announces as
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subject to this Apple Public Source License and which contains a
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notice placed by Apple identifying such program or work as "Original
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Code" and stating that it is subject to the terms of this Apple Public
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Source License version 1.1 (or subsequent version thereof), as it may
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be revised from time to time by Apple ("License"). As used in this
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License:
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1.1 "Affected Original Code" means only those specific portions of
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Original Code that allegedly infringe upon any party`s intellectual
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property rights or are otherwise the subject of a claim of
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infringement.
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1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is
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the grantor of rights, (i) claims of patents that are now or hereafter
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acquired, owned by or assigned to Apple and (ii) that cover subject
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matter contained in the Original Code, but only to the extent
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necessary to use, reproduce and/or distribute the Original Code
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without infringement; and (b) in the case where You are the grantor of
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rights, (i) claims of patents that are now or hereafter acquired,
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owned by or assigned to You and (ii) that cover subject matter in Your
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Modifications, taken alone or in combination with Original Code.
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1.3 "Covered Code" means the Original Code, Modifications, the
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combination of Original Code and any Modifications, and/or any
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respective portions thereof.
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1.4 "Deploy" means to use, sublicense or distribute Covered Code other
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than for Your internal research and development (R&D), and includes
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without limitation, any and all internal use or distribution of
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Covered Code within Your business or organization except for R&D use,
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as well as direct or indirect sublicensing or distribution of Covered
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Code by You to any third party in any form or manner.
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1.5 "Larger Work" means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.6 "Modifications" mean any addition to, deletion from, and/or change
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to, the substance and/or structure of Covered Code. When code is
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released as a series of files, a Modification is: (a) any addition to
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or deletion from the contents of a file containing Covered Code;
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and/or (b) any new file or other representation of computer program
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statements that contains any part of Covered Code.
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1.7 "Original Code" means (a) the Source Code of a program or other
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work as originally made available by Apple under this License,
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including the Source Code of any updates or upgrades to such programs
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or works made available by Apple under this License, and that has been
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expressly identified by Apple as such in the header file(s) of such
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work; and (b) the object code compiled from such Source Code and
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originally made available by Apple under this License.
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1.8 "Source Code" means the human readable form of a program or other
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work that is suitable for making modifications to it, including all
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modules it contains, plus any associated interface definition files,
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scripts used to control compilation and installation of an executable
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(object code).
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1.9 "You" or "Your" means an individual or a legal entity exercising
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rights under this License. For legal entities, "You" or "Your"
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includes any entity which controls, is controlled by, or is under
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common control with, You, where "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of fifty percent
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(50%) or more of the outstanding shares or beneficial ownership of
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such entity.
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2. Permitted Uses; Conditions & Restrictions. Subject to the terms
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and conditions of this License, Apple hereby grants You, effective on
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the date You accept this License and download the Original Code, a
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world-wide, royalty-free, non- exclusive license, to the extent of
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Apple`s Applicable Patent Rights and copyrights covering the Original
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Code, to do the following:
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2.1 You may use, copy, modify and distribute Original Code, with or
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without Modifications, solely for Your internal research and
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development, provided that You must in each instance:
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(a) retain and reproduce in all copies of Original Code the copyright
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and other proprietary notices and disclaimers of Apple as they appear
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in the Original Code, and keep intact all notices in the Original Code
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that refer to this License;
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(b) include a copy of this License with every copy of Source Code of
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Covered Code and documentation You distribute, and You may not offer
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or impose any terms on such Source Code that alter or restrict this
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License or the recipients` rights hereunder, except as permitted under
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Section 6; and
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(c) completely and accurately document all Modifications that you have
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made and the date of each such Modification, designate the version of
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the Original Code you used, prominently include a file carrying such
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information with the Modifications, and duplicate the notice in
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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
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instance:
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(a) satisfy all the conditions of Section 2.1 with respect to the
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Source Code of the Covered Code;
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(b) make all Your Deployed Modifications publicly available in Source
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Code form via electronic distribution (e.g. download from a web site)
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under the terms of this License and subject to the license grants set
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forth in Section 3 below, and any additional terms You may choose to
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offer under Section 6. You must continue to make the Source Code of
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Your Deployed Modifications available for as long as you Deploy the
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Covered Code or twelve (12) months from the date of initial
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Deployment, whichever is longer;
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(c) if You Deploy Covered Code containing Modifications made by You,
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inform others of how to obtain those Modifications by filling out and
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submitting the information found at
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http://www.apple.com/publicsource/modifications.html, if available;
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and
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(d) if You Deploy Covered Code in object code, executable form only,
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include a prominent notice, in the code itself as well as in related
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documentation, stating that Source Code of the Covered Code is
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available under the terms of this License with information on how and
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where to obtain such Source Code.
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3. Your Grants. In consideration of, and as a condition to, the
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licenses granted to You under this License:
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(a) You hereby grant to Apple and all third parties a non-exclusive,
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royalty-free license, under Your Applicable Patent Rights and other
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intellectual property rights owned or controlled by You, to use,
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reproduce, modify, distribute and Deploy Your Modifications of the
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same scope and extent as Apple`s licenses under Sections 2.1 and 2.2;
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and
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(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
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worldwide, royalty-free, perpetual and irrevocable license, under Your
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Applicable Patent Rights and other intellectual property rights owned
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or controlled by You, to use, reproduce, execute, compile, display,
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perform, modify or have modified (for Apple and/or its subsidiaries),
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sublicense and distribute Your Modifications, in any form, through
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multiple tiers of distribution.
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4. Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In each such
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instance, You must make sure the requirements of this License are
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fulfilled for the Covered Code or any portion thereof.
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5. Limitations on Patent License. Except as expressly stated in
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Section 2, no other patent rights, express or implied, are granted by
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Apple herein. Modifications and/or Larger Works may require
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additional patent licenses from Apple which Apple may grant in its
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sole discretion.
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6. Additional Terms. You may choose to offer, and to charge a fee
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for, warranty, support, indemnity or liability obligations and/or
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other rights consistent with the scope of the license granted herein
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("Additional Terms") to one or more recipients of Covered
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Code. However, You may do so only on Your own behalf and as Your sole
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responsibility, and not on behalf of Apple. You must obtain the
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recipient`s agreement that any such Additional Terms are offered by
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You alone, and You hereby agree to indemnify, defend and hold Apple
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harmless for any liability incurred by or claims asserted against
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Apple by reason of any such Additional Terms.
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7. Versions of the License. Apple may publish revised and/or new
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versions of this License from time to time. Each version will be
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given a distinguishing version number. Once Original Code has been
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published under a particular version of this License, You may continue
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to use it under the terms of that version. You may also choose to use
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such Original Code under the terms of any subsequent version of this
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License published by Apple. No one other than Apple has the right to
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modify the terms applicable to Covered Code created under this
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License.
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8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
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in part pre-release, untested, or not fully tested works. The
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Original Code may contain errors that could cause failures or loss of
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data, and may be incomplete or contain inaccuracies. You expressly
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acknowledge and agree that use of the Original Code, or any portion
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thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS
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PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND
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AND APPLE AND APPLE`S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND
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9, APPLE AND APPLE`S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS
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"APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
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AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
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FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
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RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
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ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
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THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT
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DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN
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INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
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REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
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SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not
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intended for use in the operation of nuclear facilities, aircraft
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navigation, communication systems, or air traffic control machines in
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which case the failure of the Original Code could lead to death,
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personal injury, or severe physical or environmental damage.
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9. Liability.
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9.1 Infringement. If any portion of, or functionality implemented by,
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the Original Code becomes the subject of a claim of infringement,
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Apple may, at its option: (a) attempt to procure the rights necessary
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for Apple and You to continue using the Affected Original Code; (b)
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modify the Affected Original Code so that it is no longer infringing;
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or (c) suspend Your rights to use, reproduce, modify, sublicense and
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distribute the Affected Original Code until a final determination of
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the claim is made by a court or governmental administrative agency of
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competent jurisdiction and Apple lifts the suspension as set forth
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below. Such suspension of rights will be effective immediately upon
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Apple`s posting of a notice to such effect on the Apple web site that
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is used for implementation of this License. Upon such final
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determination being made, if Apple is legally able, without the
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payment of a fee or royalty, to resume use, reproduction,
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modification, sublicensing and distribution of the Affected Original
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Code, Apple will lift the suspension of rights to the Affected
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Original Code by posting a notice to such effect on the Apple web site
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that is used for implementation of this License. If Apple suspends
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Your rights to Affected Original Code, nothing in this License shall
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be construed to restrict You, at Your option and subject to applicable
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law, from replacing the Affected Original Code with non-infringing
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code or independently negotiating for necessary rights from such third
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party.
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9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
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LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
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ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO
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USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
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OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
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OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
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ANY REMEDY. In no event shall Apple`s total liability to You for all
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damages under this License exceed the amount of fifty dollars
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($50.00).
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10. Trademarks. This License does not grant any rights to use the
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trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
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OS X Server" or any other trademarks or trade names belonging to Apple
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(collectively "Apple Marks") and no Apple Marks may be used to endorse
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or promote products derived from the Original Code other than as
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permitted by and in strict compliance at all times with Apple`s third
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party trademark usage guidelines which are posted at
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http://www.apple.com/legal/guidelinesfor3rdparties.html.
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11. Ownership. Apple retains all rights, title and interest in and to
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the Original Code and any Modifications made by or on behalf of Apple
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("Apple Modifications"), and such Apple Modifications will not be
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automatically subject to this License. Apple may, at its sole
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discretion, choose to license such Apple Modifications under this
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License, or on different terms from those contained in this License or
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may choose not to license them at all. Apple`s development, use,
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reproduction, modification, sublicensing and distribution of Covered
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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
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terminate:
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(a) automatically without notice from Apple if You fail to comply with
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any term(s) of this License and fail to cure such breach within 30
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days of becoming aware of such breach; (b) immediately in the event of
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the circumstances described in Section 13.5(b); or (c) automatically
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without notice from Apple if You, at any time during the term of this
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License, commence an action for patent infringement against Apple.
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12.2 Effect of Termination. Upon termination, You agree to
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immediately stop any further use, reproduction, modification,
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sublicensing and distribution of the Covered Code and to destroy all
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copies of the Covered Code that are in your possession or control.
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All sublicenses to the Covered Code which have been properly granted
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prior to termination shall survive any termination of this License.
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Provisions which, by their nature, should remain in effect beyond the
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termination of this License shall survive, including but not limited
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to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be
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liable to the other for compensation, indemnity or damages of any sort
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solely as a result of terminating this License in accordance with its
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terms, and termination of this License will be without prejudice to
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any other right or remedy of either party.
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13. Miscellaneous.
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13.1 Government End Users. The Covered Code is a "commercial item" as
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defined in FAR 2.101. Government software and technical data rights
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in the Covered Code include only those rights customarily provided to
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the public as defined in this License. This customary commercial
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license in technical data and software is provided in accordance with
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FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for
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Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
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Commercial Items) and 227.7202-3 (Rights in Commercial Computer
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Software or Computer Software Documentation). Accordingly, all U.S.
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Government End Users acquire Covered Code with only those rights set
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forth herein.
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13.2 Relationship of Parties. This License will not be construed as
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creating an agency, partnership, joint venture or any other form of
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legal association between You and Apple, and You will not represent to
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the contrary, whether expressly, by implication, appearance or
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otherwise.
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13.3 Independent Development. Nothing in this License will impair
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Apple`s right to acquire, license, develop, have others develop for
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it, market and/or distribute technology or products that perform the
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same or similar functions as, or otherwise compete with,
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Modifications, Larger Works, technology or products that You may
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develop, produce, market or distribute.
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13.4 Waiver; Construction. Failure by Apple to enforce any provision
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of this License will not be deemed a waiver of future enforcement of
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that or any other provision. Any law or regulation which provides
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that the language of a contract shall be construed against the drafter
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will not apply to this License.
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13.5 Severability. (a) If for any reason a court of competent
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jurisdiction finds any provision of this License, or portion thereof,
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to be unenforceable, that provision of the License will be enforced to
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the maximum extent permissible so as to effect the economic benefits
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and intent of the parties, and the remainder of this License will
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continue in full force and effect. (b) Notwithstanding the foregoing,
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if applicable law prohibits or restricts You from fully and/or
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specifically complying with Sections 2 and/or 3 or prevents the
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enforceability of either of those Sections, this License will
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immediately terminate and You must immediately discontinue any use of
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the Covered Code and destroy all copies of it that are in your
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possession or control.
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13.6 Dispute Resolution. Any litigation or other dispute resolution
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between You and Apple relating to this License shall take place in the
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Northern District of California, and You and Apple hereby consent to
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the personal jurisdiction of, and venue in, the state and federal
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courts within that District with respect to this License. The
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application of the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded.
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13.7 Entire Agreement; Governing Law. This License constitutes the
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entire agreement between the parties with respect to the subject
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matter hereof. This License shall be governed by the laws of the
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United States and the State of California, except that body of
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California law concerning conflicts of law.
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Where You are located in the province of Quebec, Canada, the following
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clause applies: The parties hereby confirm that they have requested
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that this License and all related documents be drafted in English. Les
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parties ont exige que le present contrat et tous les documents
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connexes soient rediges en anglais.
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EXHIBIT A.
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"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights
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Reserved. This file contains Original Code and/or Modifications of
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Original Code as defined in and that are subject to the Apple Public
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Source License Version 1.1 (the "License"). You may not use this file
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except in compliance with the License. Please obtain a copy of the
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License at http://www.apple.com/publicsource and read it before using
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this file.
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The Original Code and all software distributed under the License are
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distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER
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EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
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INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the
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License for the specific language governing rights and limitations
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under the License."
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