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authoradam <adam@pkgsrc.org>2006-12-15 09:04:53 +0000
committeradam <adam@pkgsrc.org>2006-12-15 09:04:53 +0000
commit5017cfb1fe0a0d543b6a2e5870e847ff938c1ee6 (patch)
treecde6be295701af48e9dcbdf5317c04a8e0b2f475 /licenses/apple-public-source-license
parent6ecc094b017f84b242ae1cf10f4621fce75b09ce (diff)
downloadpkgsrc-5017cfb1fe0a0d543b6a2e5870e847ff938c1ee6.tar.gz
Added Apple Public Source License needed for Darwin Streaming Server
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+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.
+
+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 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", "Apple Computer", "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 exige que le present contrat et tous les documents
+connexes soient rediges en anglais.
+
+EXHIBIT A.
+
+"Portions Copyright (c) 1999-2003 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 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."