Re: Apple X11 Beta 3
Re: Apple X11 Beta 3
- Subject: Re: Apple X11 Beta 3
- From: Dave Schroeder <email@hidden>
- Date: Sat, 08 Nov 2003 13:03:34 -0600
On Nov 8, 2003, at 12:24 PM, Robert T Wyatt wrote:
whew, some real rants here
Dave, I'm sorry, why did you say Apple should not allow use of the
Beta version?
1. Because it is their product.
2. Because it is beta.
3. Because they are under no obligation to do so.
4. Because they never promised it.
5. Because it will not be updated and will, because of this, may cause
significant problems in the future.
6. And most importantly, because of the license agreement (attached, in
part, below for everyone as a reminder) with every single X11 0.3 Beta
install, which makes it plain as day.
Could Apple have left the X11 0.3 beta around for Jaguar users, even
just for a finite period to give people a chance to upgrade to Panther?
Sure. But they didn't. The full source code to Apple X11 1.0 is
available, and people can do whatever they'd like with in (within APSL
boundaries). X11.app, however, is a proprietary product, like iDVD,
iTunes, or Mail. Apple is under no obligation to make it available for
any particular version of Mac OS X, or any at all.
Apparently you have some reasoning about why this little bit of
software should never be seen again, but I missed it.
Reread my entire previous message, as I explained it thoroughly.
I'd like to know because we don't all work in an environment where
one's operating system is one's own choice to make, whether or not
Apple is financially supported at one's institution.
Full, free X11 installations are available for Mac OS X previous to
version 10.3:
http://www.xdarwin.org/
http://www.xfree86.org/
http://fink.sourceforge.net/pdb/section.php/x11-system
http://www.opendarwin.org/projects/darwinports/darwinports/dports/x11/
XFree86/Portfile
- Dave
Apple X11 0.3 Beta license agreement (relevant excerpts; full version
to large to send to list):
Apple Computer, Inc.
Software License Agreement
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY
BEFORE PRESSING THE "AGREE" BUTTON. BY PRESSING "AGREE," YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE" AND YOU WILL BE
UNABLE TO DOWNLOAD OR USE THE APPLE SOFTWARE.
IMPORTANT NOTE: THIS IS TRIAL, PRE-RELEASE, TIME-LIMITED SOFTWARE
MEANT FOR EVALUATION PURPOSES ONLY. THIS SOFTWARE SHOULD NOT BE USED
IN A COMMERCIAL OPERATING ENVIRONMENT OR WITH IMPORTANT DATA. BEFORE
INSTALLING THE APPLE SOFTWARE, YOU SHOULD BACK UP ALL OF YOUR DATA AND
REGULARLY BACK UP DATA WHILE USING THE APPLE SOFTWARE.
1. General. The Apple and any third party software, documentation and
any fonts accompanying this License (collectively the "Apple
Software") are licensed, not sold, to you by Apple Computer, Inc.
("Apple") for use only under the terms of this License, and Apple
reserves all rights not expressly granted to you. The rights granted
herein are limited to Apple's intellectual property rights in the
Apple Software and do not include any other patents or intellectual
property rights. You own the media on which the Apple Software is
recorded but Apple and/or Apple's licensor(s) retain ownership of the
Apple Software itself.
2. Permitted License Uses and Restrictions.
A. This License allows you to download and use the Apple Software for
evaluation purposes only. You may make as many copies of the Apple
Software as reasonably necessary to use the Apple Software as
permitted in this License. This License does not permit the Apple
Software to be used in a commercial operating environment where it may
be relied upon to perform in the same manner as a final-release
commercial-grade product or with data that is not sufficiently and
regularly backed up. You may make one copy of the Apple Software in
machine-readable form for backup purposes only; provided that the
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contained on the original.
B. Certain components of the Apple Software have been or may be made
available by Apple on its Open Source web site
(http://www.opensource.apple.com/) (collectively the "Open-Sourced
Components"). You may modify or replace only these Open-Sourced
Components; provided that: (i) the resultant Apple Software is used,
in place of the unmodified Apple Software, on a single Apple-labeled
computer; and (ii) you otherwise comply with the terms of this License
and any applicable licensing terms governing use of the Open-Sourced
Components. Apple is not obligated to provide any maintenance,
technical or other support for the resultant Apple Software.
[...]
3. Term of License. The term of this License shall commence upon your
installation or use of the Apple Software and will terminate
automatically without notice from Apple upon the commercial release of
the Apple Software. Your rights under this License will also terminate
automatically without notice from Apple if you fail to comply with any
term(s) of this License. Upon the termination of this License, you
shall cease all use of the Apple Software and destroy all copies, full
or partial, of the Apple Software.
4. Support and Maintenance. Apple is not obligated to provide any
maintenance, technical or other support for the Apple Software, or any
updates to you for the Apple Software. You acknowledge that Apple has
no express or implied obligation to announce or make available a
commercial version of the Apple Software to anyone in the future.
Should a commercial version be made available, it may have features or
functionality that are different from those found in the Apple
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5. Disclaimer of Warranties. The Apple Software is pre-release "beta"
software that may be incomplete and may contain inaccuracies or errors
that could cause failures or loss of data. YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH
ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE
SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS
"APPLE" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER
EXPRESS, IMPLIED OR STATUTORY, 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 NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE
APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
[...]
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