updated on Thu Jan 26 16:09:46 UTC 2012

[aur-mirror.git] / hfsprogs / license

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 documentatble 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
licensesrms") 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 isce 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) 1999-2003 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."

Please read the terms of this license carefully. By clicking on the
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