The author is clearly Apple and they are not responsible just as in the BSD license:
The Capitan is AS-IS, of course.
Unlike BSD, there is no source and a bunch of other very restrictive limitations, which is what I was commenting about.
1. I can’t use the Capitan with illegal copies of anyone’s stuff.
2. Apple didn’t sell me this software. They still own it, in fact. I’m just borrowing it.
3. If I install more Apple software, those are on loan as well.
...
And so on.