mirror of
https://github.com/go-gitea/gitea
synced 2024-08-18 13:20:51 +02:00
320 lines
19 KiB
Groff
320 lines
19 KiB
Groff
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."
|