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-
-Apple Public Source License Ver. 1.2
-
-1. General; Definitions. This License applies to any program or other work
-which Apple Computer, 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 1.2 (or subsequent version thereof)
-("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 "Deploy" means to use, sublicense or distribute Covered Code
-other than for Your internal research and development (R&D) and/or Personal
-Use, and includes without limitation, any and all internal use or distribution
-of Covered Code within Your business or organization except for R&D use
-and/or Personal 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 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 "Personal Use" means use of Covered Code by an individual solely
-for his or her personal, private and non-commercial purposes. An individual's
-use of Covered Code in his or her capacity as an officer, employee, member,
-independent contractor or agent of a corporation, business or organization
-(commercial or non-commercial) does not qualify as Personal Use.
-
-1.9 "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).
-
-1.10 "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, reproduce, display, perform, modify and distribute Original
-Code, with or without Modifications, solely for Your internal research and
-development and/or Personal Use, 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, 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 You may use, reproduce, display, perform, modify and Deploy Covered Code,
-provided that in each instance:
-
-(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;
-
-(c) You must make Source Code of all Your Deployed Modifications publicly
-available under the terms of this License, including the license grants set
-forth in Section 3 below, for as long as you Deploy the Covered Code or twelve
-(12) months from the date of initial Deployment, whichever is longer. You
-should preferably distribute the Source Code of Your Deployed Modifications
-electronically (e.g. download from a web site); and
-
-(d) if You Deploy Covered Code 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.
-
-2.3 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:
-
-(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 (other than patent) owned or controlled by You, to use,
-reproduce, display, perform, 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 (other than patent) owned or
-controlled by You, to use, reproduce, 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 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", "Apple Computer", "Mac OS
-X", "Mac OS X Server", "QuickTime", "QuickTime
-Streaming Server" or any other trademarks or trade names belonging to
-Apple (collectively "Apple Marks") or to any trademark or trade name
-belonging to any Contributor. 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. 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.
-
-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. 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 amongYou, 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) 1999-2001 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 1.2
-(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, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the
-specific language governing rights and limitations under the License."