☎ 069 71 67 2 67 0
US  EU  ES

APPLE PUBLIC SOURCE 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 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 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

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."

Das vollständige Dokument können Sie nach dem Kauf sehen und als Worddokument (.docx) speichern und bearbeiten.

49,00 EURZugang zu allen Dokumenten kaufen

zzgl. MwSt., garantiert keine Folgekosten, zeitlich unbeschränkter Zugang

Weitere Informationen zur Mustervertragsdatenbank

Sie haben bereits einen Zugang? Melden Sie sich bitte hier an.



TÜV zertifizierter Kaufprozess für Apple Public Source License

Kostenloses Hilfe-Forum: Unsere Anwälte beantworten gern Ihre Fragen zu "Apple Public Source License" in unserem HilfeForum.

Sofort downloaden und anpassen: Alle Verträge können Sie gleich nach dem Kauf in den üblichen Programmen (z.B. Word) bearbeiten und anpassen.

Kompetente Beratung durch unsere Rechtsanwälte: Falls Sie das Dokument "Apple Public Source License" oder einen anderen Vertrag bzw. Vorlage anwaltlich anpassen wollen stehen Ihnen unsere Rechtsanwälte gern zur Verfügung. Fragen Sie uns nach einem Kostenvoranschlag!