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			368 lines
		
	
	
		
			19 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
| APPLE PUBLIC SOURCE LICENSE
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| Version 2.0 - August 6, 2003
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| 
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| Please read this License carefully before downloading this software.
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| By downloading or using this software, you are agreeing to be bound by
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| the terms of this License. If you do not or cannot agree to the terms
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| of this License, please do not download or use the software.
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| 
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| 1. General; Definitions. This License applies to any program or other
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| work which Apple Computer, Inc. ("Apple") makes publicly available and
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| which contains a notice placed by Apple identifying such program or
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| work as "Original Code" and stating that it is subject to the terms of
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| this Apple Public Source License version 2.0 ("License"). As used in
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| this License:
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| 
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| 1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
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| the grantor of rights, (i) claims of patents that are now or hereafter
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| acquired, owned by or assigned to Apple and (ii) that cover subject
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| matter contained in the Original Code, but only to the extent
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| necessary to use, reproduce and/or distribute the Original Code
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| without infringement; and (b) in the case where You are the grantor of
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| rights, (i) claims of patents that are now or hereafter acquired,
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| owned by or assigned to You and (ii) that cover subject matter in Your
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| Modifications, taken alone or in combination with Original Code.
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| 
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| 1.2 "Contributor" means any person or entity that creates or
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| contributes to the creation of Modifications.
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| 
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| 1.3 "Covered Code" means the Original Code, Modifications, the
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| combination of Original Code and any Modifications, and/or any
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| respective portions thereof.
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| 
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| 1.4 "Externally Deploy" means: (a) to sublicense, distribute or
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| otherwise make Covered Code available, directly or indirectly, to
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| anyone other than You; and/or (b) to use Covered Code, alone or as
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| part of a Larger Work, in any way to provide a service, including but
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| not limited to delivery of content, through electronic communication
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| with a client other than You.
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| 
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| 1.5 "Larger Work" means a work which combines Covered Code or portions
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| thereof with code not governed by the terms of this License.
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| 
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| 1.6 "Modifications" mean any addition to, deletion from, and/or change
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| to, the substance and/or structure of the Original Code, any previous
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| Modifications, the combination of Original Code and any previous
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| Modifications, and/or any respective portions thereof. When code is
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| released as a series of files, a Modification is: (a) any addition to
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| or deletion from the contents of a file containing Covered Code;
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| and/or (b) any new file or other representation of computer program
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| statements that contains any part of Covered Code.
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| 
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| 1.7 "Original Code" means (a) the Source Code of a program or other
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| work as originally made available by Apple under this License,
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| including the Source Code of any updates or upgrades to such programs
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| or works made available by Apple under this License, and that has been
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| expressly identified by Apple as such in the header file(s) of such
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| work; and (b) the object code compiled from such Source Code and
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| originally made available by Apple under this License.
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| 
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| 1.8 "Source Code" means the human readable form of a program or other
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| work that is suitable for making modifications to it, including all
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| modules it contains, plus any associated interface definition files,
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| scripts used to control compilation and installation of an executable
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| (object code).
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| 
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| 1.9 "You" or "Your" means an individual or a legal entity exercising
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| rights under this License. For legal entities, "You" or "Your"
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| includes any entity which controls, is controlled by, or is under
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| common control with, You, where "control" means (a) the power, direct
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| or indirect, to cause the direction or management of such entity,
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| whether by contract or otherwise, or (b) ownership of fifty percent
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| (50%) or more of the outstanding shares or beneficial ownership of
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| such entity.
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| 
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| 2. Permitted Uses; Conditions & Restrictions. Subject to the terms
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| and conditions of this License, Apple hereby grants You, effective on
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| the date You accept this License and download the Original Code, a
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| world-wide, royalty-free, non-exclusive license, to the extent of
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| Apple's Applicable Patent Rights and copyrights covering the Original
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| Code, to do the following:
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| 
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| 2.1 Unmodified Code. You may use, reproduce, display, perform,
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| internally distribute within Your organization, and Externally Deploy
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| verbatim, unmodified copies of the Original Code, for commercial or
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| non-commercial purposes, provided that in each instance:
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| 
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| (a) You must retain and reproduce in all copies of Original Code the
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| copyright and other proprietary notices and disclaimers of Apple as
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| they appear in the Original Code, and keep intact all notices in the
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| Original Code that refer to this License; and
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| 
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| (b) You must include a copy of this License with every copy of Source
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| Code of Covered Code and documentation You distribute or Externally
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| Deploy, and You may not offer or impose any terms on such Source Code
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| that alter or restrict this License or the recipients' rights
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| hereunder, except as permitted under Section 6.
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| 
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| 2.2 Modified Code. You may modify Covered Code and use, reproduce,
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| display, perform, internally distribute within Your organization, and
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| Externally Deploy Your Modifications and Covered Code, for commercial
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| or non-commercial purposes, provided that in each instance You also
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| meet all of these conditions:
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| 
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| (a) You must satisfy all the conditions of Section 2.1 with respect to
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| the Source Code of the Covered Code;
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| 
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| (b) You must duplicate, to the extent it does not already exist, the
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| notice in Exhibit A in each file of the Source Code of all Your
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| Modifications, and cause the modified files to carry prominent notices
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| stating that You changed the files and the date of any change; and
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| 
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| (c) If You Externally Deploy Your Modifications, You must make
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| Source Code of all Your Externally Deployed Modifications either
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| available to those to whom You have Externally Deployed Your
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| Modifications, or publicly available. Source Code of Your Externally
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| Deployed Modifications must be released under the terms set forth in
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| this License, including the license grants set forth in Section 3
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| below, for as long as you Externally Deploy the Covered Code or twelve
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| (12) months from the date of initial External Deployment, whichever is
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| longer. You should preferably distribute the Source Code of Your
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| Externally Deployed Modifications electronically (e.g. download from a
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| web site).
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| 
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| 2.3 Distribution of Executable Versions. In addition, if You
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| Externally Deploy Covered Code (Original Code and/or Modifications) in
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| object code, executable form only, You must include a prominent
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| notice, in the code itself as well as in related documentation,
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| stating that Source Code of the Covered Code is available under the
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| terms of this License with information on how and where to obtain such
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| Source Code.
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| 
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| 2.4 Third Party Rights. You expressly acknowledge and agree that
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| although Apple and each Contributor grants the licenses to their
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| respective portions of the Covered Code set forth herein, no
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| assurances are provided by Apple or any Contributor that the Covered
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| Code does not infringe the patent or other intellectual property
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| rights of any other entity. Apple and each Contributor disclaim any
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| liability to You for claims brought by any other entity based on
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| infringement of intellectual property rights or otherwise. As a
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| condition to exercising the rights and licenses granted hereunder, You
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| hereby assume sole responsibility to secure any other intellectual
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| property rights needed, if any. For example, if a third party patent
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| license is required to allow You to distribute the Covered Code, it is
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| Your responsibility to acquire that license before distributing the
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| Covered Code.
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| 
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| 3. Your Grants. In consideration of, and as a condition to, the
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| licenses granted to You under this License, You hereby grant to any
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| person or entity receiving or distributing Covered Code under this
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| License a non-exclusive, royalty-free, perpetual, irrevocable license,
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| under Your Applicable Patent Rights and other intellectual property
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| rights (other than patent) owned or controlled by You, to use,
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| reproduce, display, perform, modify, sublicense, distribute and
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| Externally Deploy Your Modifications of the same scope and extent as
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| Apple's licenses under Sections 2.1 and 2.2 above.
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| 
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| 4. Larger Works. You may create a Larger Work by combining Covered
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| Code with other code not governed by the terms of this License and
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| distribute the Larger Work as a single product. In each such instance,
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| You must make sure the requirements of this License are fulfilled for
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| the Covered Code or any portion thereof.
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| 
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| 5. Limitations on Patent License. Except as expressly stated in
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| Section 2, no other patent rights, express or implied, are granted by
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| Apple herein. Modifications and/or Larger Works may require additional
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| patent licenses from Apple which Apple may grant in its sole
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| discretion.
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| 
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| 6. Additional Terms. You may choose to offer, and to charge a fee for,
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| warranty, support, indemnity or liability obligations and/or other
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| rights consistent with the scope of the license granted herein
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| ("Additional Terms") to one or more recipients of Covered Code.
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| However, You may do so only on Your own behalf and as Your sole
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| responsibility, and not on behalf of Apple or any Contributor. You
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| must obtain the recipient's agreement that any such Additional Terms
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| are offered by You alone, and You hereby agree to indemnify, defend
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| and hold Apple and every Contributor harmless for any liability
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| incurred by or claims asserted against Apple or such Contributor by
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| reason of any such Additional Terms.
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| 
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| 7. Versions of the License. Apple may publish revised and/or new
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| versions of this License from time to time. Each version will be given
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| a distinguishing version number. Once Original Code has been published
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| under a particular version of this License, You may continue to use it
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| under the terms of that version. You may also choose to use such
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| Original Code under the terms of any subsequent version of this
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| License published by Apple. No one other than Apple has the right to
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| modify the terms applicable to Covered Code created under this
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| License.
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| 
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| 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
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| part pre-release, untested, or not fully tested works. The Covered
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| Code may contain errors that could cause failures or loss of data, and
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| may be incomplete or contain inaccuracies. You expressly acknowledge
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| and agree that use of the Covered Code, or any portion thereof, is at
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| Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
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| WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
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| APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
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| PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
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| ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
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| NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
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| MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
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| PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
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| PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
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| INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
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| FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
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| THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
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| ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
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| ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
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| AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
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| You acknowledge that the Covered Code is not intended for use in the
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| operation of nuclear facilities, aircraft navigation, communication
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| systems, or air traffic control machines in which case the failure of
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| the Covered Code could lead to death, personal injury, or severe
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| physical or environmental damage.
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| 
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| 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
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| EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
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| SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
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| TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
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| ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
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| TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
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| APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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| DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
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| REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
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| INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
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| TO YOU. In no event shall Apple's total liability to You for all
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| damages (other than as may be required by applicable law) under this
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| License exceed the amount of fifty dollars ($50.00).
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| 
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| 10. Trademarks. This License does not grant any rights to use the
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| trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
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| "QuickTime", "QuickTime Streaming Server" or any other trademarks,
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| service marks, logos or trade names belonging to Apple (collectively
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| "Apple Marks") or to any trademark, service mark, logo or trade name
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| belonging to any Contributor. You agree not to use any Apple Marks in
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| or as part of the name of products derived from the Original Code or
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| to endorse or promote products derived from the Original Code other
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| than as expressly permitted by and in strict compliance at all times
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| with Apple's third party trademark usage guidelines which are posted
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| at http://www.apple.com/legal/guidelinesfor3rdparties.html.
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| 
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| 11. Ownership. Subject to the licenses granted under this License,
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| each Contributor retains all rights, title and interest in and to any
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| Modifications made by such Contributor. Apple retains all rights,
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| title and interest in and to the Original Code and any Modifications
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| made by or on behalf of Apple ("Apple Modifications"), and such Apple
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| Modifications will not be automatically subject to this License. Apple
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| may, at its sole discretion, choose to license such Apple
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| Modifications under this License, or on different terms from those
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| contained in this License or may choose not to license them at all.
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| 
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| 12. Termination.
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| 
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| 12.1 Termination. This License and the rights granted hereunder will
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| terminate:
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| 
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| (a) automatically without notice from Apple if You fail to comply with
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| any term(s) of this License and fail to cure such breach within 30
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| days of becoming aware of such breach;
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| 
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| (b) immediately in the event of the circumstances described in Section
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| 13.5(b); or
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| 
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| (c) automatically without notice from Apple if You, at any time during
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| the term of this License, commence an action for patent infringement
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| against Apple; provided that Apple did not first commence
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| an action for patent infringement against You in that instance.
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| 
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| 12.2 Effect of Termination. Upon termination, You agree to immediately
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| stop any further use, reproduction, modification, sublicensing and
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| distribution of the Covered Code. All sublicenses to the Covered Code
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| which have been properly granted prior to termination shall survive
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| any termination of this License. Provisions which, by their nature,
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| should remain in effect beyond the termination of this License shall
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| survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
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| 12.2 and 13. No party will be liable to any other for compensation,
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| indemnity or damages of any sort solely as a result of terminating
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| this License in accordance with its terms, and termination of this
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| License will be without prejudice to any other right or remedy of
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| any party.
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| 
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| 13. Miscellaneous.
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| 
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| 13.1 Government End Users. The Covered Code is a "commercial item" as
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| defined in FAR 2.101. Government software and technical data rights in
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| the Covered Code include only those rights customarily provided to the
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| public as defined in this License. This customary commercial license
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| in technical data and software is provided in accordance with FAR
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| 12.211 (Technical Data) and 12.212 (Computer Software) and, for
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| Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
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| Commercial Items) and 227.7202-3 (Rights in Commercial Computer
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| Software or Computer Software Documentation). Accordingly, all U.S.
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| Government End Users acquire Covered Code with only those rights set
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| forth herein.
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| 
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| 13.2 Relationship of Parties. This License will not be construed as
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| creating an agency, partnership, joint venture or any other form of
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| legal association between or among You, Apple or any Contributor, and
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| You will not represent to the contrary, whether expressly, by
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| implication, appearance or otherwise.
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| 
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| 13.3 Independent Development. Nothing in this License will impair
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| Apple's right to acquire, license, develop, have others develop for
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| it, market and/or distribute technology or products that perform the
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| same or similar functions as, or otherwise compete with,
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| Modifications, Larger Works, technology or products that You may
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| develop, produce, market or distribute.
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| 
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| 13.4 Waiver; Construction. Failure by Apple or any Contributor to
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| enforce any provision of this License will not be deemed a waiver of
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| future enforcement of that or any other provision. Any law or
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| regulation which provides that the language of a contract shall be
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| construed against the drafter will not apply to this License.
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| 
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| 13.5 Severability. (a) If for any reason a court of competent
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| jurisdiction finds any provision of this License, or portion thereof,
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| to be unenforceable, that provision of the License will be enforced to
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| the maximum extent permissible so as to effect the economic benefits
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| and intent of the parties, and the remainder of this License will
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| continue in full force and effect. (b) Notwithstanding the foregoing,
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| if applicable law prohibits or restricts You from fully and/or
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| specifically complying with Sections 2 and/or 3 or prevents the
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| enforceability of either of those Sections, this License will
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| immediately terminate and You must immediately discontinue any use of
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| the Covered Code and destroy all copies of it that are in your
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| possession or control.
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| 
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| 13.6 Dispute Resolution. Any litigation or other dispute resolution
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| between You and Apple relating to this License shall take place in the
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| Northern District of California, and You and Apple hereby consent to
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| the personal jurisdiction of, and venue in, the state and federal
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| courts within that District with respect to this License. The
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| application of the United Nations Convention on Contracts for the
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| International Sale of Goods is expressly excluded.
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| 
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| 13.7 Entire Agreement; Governing Law. This License constitutes the
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| entire agreement between the parties with respect to the subject
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| matter hereof. This License shall be governed by the laws of the
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| United States and the State of California, except that body of
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| California law concerning conflicts of law.
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| 
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| Where You are located in the province of Quebec, Canada, the following
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| clause applies: The parties hereby confirm that they have requested
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| that this License and all related documents be drafted in English. Les
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| parties ont exigé que le présent contrat et tous les documents
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| connexes soient rédigés en anglais.
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| 
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| EXHIBIT A.
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| 
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| "Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
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| Reserved.
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| 
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| This file contains Original Code and/or Modifications of Original Code
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| as defined in and that are subject to the Apple Public Source License
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| Version 2.0 (the 'License'). You may not use this file except in
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| compliance with the License. Please obtain a copy of the License at
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| http://www.opensource.apple.com/apsl/ and read it before using this
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| file.
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| 
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| The Original Code and all software distributed under the License are
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| distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
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| EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
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| INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
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| FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
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| Please see the License for the specific language governing rights and
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| limitations under the License."
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