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Gentoo's Bugzilla – Attachment 24611 Details for
Bug 39836
Darwin Streaming Server dss-5.0.ebuild (new package)
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Apple Public Source License 2.0
APSL-2.0 (text/plain), 19.36 KB, created by
unlord
on 2004-01-29 19:46:51 UTC
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Description:
Apple Public Source License 2.0
Filename:
MIME Type:
Creator:
unlord
Created:
2004-01-29 19:46:51 UTC
Size:
19.36 KB
patch
obsolete
>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."
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bug 39836
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