This is a top level license node
| Project | Language | License |
|---|---|---|
| Ruby MRI | Ruby | Ruby License or GPL |
| Yarv | Ruby | Ruby License |
| JRuby | Ruby | CPL/GPL/LGPL |
| IronRuby | Ruby | Microsoft Public License |
| Ruby.NET | Ruby | New BSD |
| Rubinius | Ruby | BSD |
| Mac Ruby | Ruby | Ruby License |
| XRuby | Ruby | GPL v2 |
| Erlang | Erlang | ER Public License |
| Gambit | Scheme | LGPL/Apache License |
| Chicken | Scheme | BSD |
| Bigaloo | Scheme | GPL,LGPL |
| Kawa | Scheme | MIT |
| JScheme | Scheme | zlib |
| Squeak | Smalltalk | Apple Public Source License/Apache(OLTPC) |
| PHP | PHP | PHP License (BSD style) |
| PERL | PERL | Artisitic or GPL |
| Python | Python | PSF (GPL Compatible) |
| Jython | Python | PSF (GPL COmpatible) |
| IronPython | Python | Microsoft Public License |
| Java | Java | GPL |
| Glasgow Haskell Compiler (GHC) | Haskell | BSD |
| Haskell User's Gofer System) | Haskell | BSD |
| nhc98 | Haskell | GPL v2 |
| Helium | Haskell | GPL |
| GCC | C/C++/ASM/Objective C | GPL |
List of the various OSS licenses commonly used.
For a complete list by alphabetical list:
http://www.opensource.org/licenses/alphabetical
This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
Licensed under the Academic Free License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, under any license of your choice that does not contradict the terms and conditions, including Licensor's reserved rights and remedies, in this Academic Free License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Academic Free License" or "AFL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process.
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another version of an Adaptive Public License should not be relied upon to determine your rights and obligations under this License. You must read the specific Adaptive Public License that you receive with the Licensed Work, as certain terms are defined at the outset by the Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this License to determine the specific adaptive features applicable to this License. For example, without limiting the foregoing, (a) for selected choice of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In the case of the Initial Contributor, the Initial Work distributed under this License by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating from and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the current Designated Web Site the new URL for at least sixty (60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that is not a derivative work of or copied from the Licensed Work or any portion thereof. In addition, a module does not qualify as an Independent Module but instead forms part of the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included by reference in the Licensed Work other than by a function call or a class reference; or (c) must be included or contained, in whole or in part, within a file directory or subdirectory actually containing files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and documentation for the computer program identified in Part 2 of Exhibit A, as such Source Code, object code and documentation is distributed under this License by the Initial Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in each case including portions thereof.
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation, partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work under this License (by way of example, without limiting the foregoing, any Subsequent Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including the source code for all modules and components of the computer program, plus any associated interface definition files, and scripts used to control compilation and installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes to the making of any Subsequent Work and that distributes that Subsequent Work to at least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to and/or additions to:
(a) the Initial Work;
(b) any other Subsequent Work; or
(c) to any combination of the Initial Work and any such other Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor. A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work was a result of efforts by such Subsequent Contributor (or anyone acting on such Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent Work expressly excludes and shall not capture within its meaning any Independent Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a file name "suppfile.txt".
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) Subject to the terms of this License, the Initial Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Subsequent Work of such Subsequent Contributor; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) This License does not include or grant any patent license whatsoever from the Initial Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial Work is first distributed or made available under this License (as the case may be), the Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial Work and any other Subsequent Work is made available under the License without any patent license (the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available (as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work distributed by the Initial Contributor which includes the Initial Work (or any portion thereof) and/or any Modification made by the Initial Contributor; available under a License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as the case may be) such future copies under this License.
(c) If any Recipient receives or obtains one or more copies of the Initial Work or any other portion of the Licensed Work under the Patents-Included License, then all licensing of such copies under this License shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-Excluded License for any such copies. However, all Recipients that receive one or more copies of the Initial Work or any other portion of the Licensed Work under a copy of the License which includes the Patents-Excluded License shall have no patent license with respect to such copies received under the Patents-Excluded License and availability and distribution of such copies, including Modifications made by such Recipient to such copies, shall be under a copy of the License without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded License with any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Included License, the combination (and any portion thereof) shall, from the first time such Recipient uses, makes available or distributes the combination (as the case may be), be subject to only the terms of the License having the Patents-Included License which shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A.
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
Recipient understands and agrees that although Initial Contributor and each Subsequent Contributor grants the licenses to its Contributions set forth herein, no representation, warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed Work does not infringe the patent or other intellectual property rights of any other entity. Initial Contributor, Subsequent Contributor, and each Distributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise, in relation to the Licensed Works. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, without limiting the foregoing disclaimers, if a third party patent license is required to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility to acquire that license before distributing the Licensed Work.
2.4. RESERVATION.
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent Contributor, or Distributor except as expressly stated herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent Work(s) available to the public via an Electronic Distribution Mechanism for a period of at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a reasonable time after the creation of the Subsequent Work and no later than sixty (60) days after first distribution of that Subsequent Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with the terms of the License, and must include a copy of this License (including without limitation Exhibit A and the accompanying Supplement File) with each copy of the Licensed Work distributed. In particular, this License must be prominently distributed with the Licensed Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A must be included at the beginning of all Source Code files, and viewable to a user in any executable such that the License Notice is reasonably brought to the attention of any party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any portion thereof, in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the terms of Section 2 of this License, provided the Executable Distribution is made available under and accompanied by a copy of this License, AND provided at least ONE of the following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for the Licensed Work making up the Executable Distribution, and the Source Code must be distributed on the same media as the Executable Distribution or using an Electronic Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer, valid for at least thirty six (36) months, to give any third party under the terms of this License, for a charge no more than the cost of physically performing source distribution, a complete machine-readable copy of the Source Code for the Licensed Work making up the Executable Distribution, to be available and distributed using an Electronic Distribution Mechanism, and such Executable Distribution must remain available in Source Code form to any third party via the Electronic Distribution Mechanism (or any replacement Electronic Distribution Mechanism the particular Distributor may reasonably need to turn to as a substitute) for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed Work or portion thereof distributed to any third party in Executable form, whether such distribution is made alone, in combination with a Larger Work or Independent Modules, or in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof, available to any Person in Source Code form, it must be made available under this License and a copy of this License must be included with each copy of the Source Code, situated so that the copy of the License is conspicuously brought to the attention of that Person. For greater clarification, this Section 3.3 applies to all distribution of the Licensed Work in any Source Code form. A Distributor may charge a fee for the physical act of transferring a copy, which charge shall be no more than the cost of physically performing source distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is included in each file of the Source Code for each Subsequent Work originating from that particular Subsequent Contributor, if such notice is not already included in each such file. If it is not possible to put such notice in a particular Source Code file due to its structure, then the Subsequent Contributor must include such notice in a location (such as a relevant directory in which the file is stored) where a user would be likely to look for such a notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own corporation or organization use the Licensed Work, including the Initial Work and Subsequent Works, and make Modifications for internal use within Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The Recipient shall have no obligation to distribute, in either Source Code or Executable form, any such Internal Use Modifications made by Recipient in the course of such internal use, except where required below in this Section 3.5. All Internal Use Modifications distributed to any Person, whether or not a Third Party, shall be distributed pursuant to and be accompanied by the terms of this License. If the Recipient chooses to distribute any such Internal Use Modifications to any Third Party, then the Recipient shall be deemed a Subsequent Contributor, and any such Internal Use Modifications distributed to any Third Party shall be deemed a Subsequent Work originating from that Subsequent Contributor, and shall from the first such instance become part of the Licensed Work that must thereafter be distributed and made available to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial Contributor, Subsequent Contributor, Distributor or any Recipient, and such Independent Modules may be licensed or made available under one or more separate license agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger Work by combining any of the Licensed Work with other code not governed by the terms of this License, and may distribute the Larger Work as one or more products. However, in any such case, Distributor or Recipient (as the case may be) must make sure that the requirements of this License are fulfilled for the Licensed Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes, in accordance with the requirements of Part 1 of the Supplement File, that such Subsequent Contributor made in the creation or contribution to that Subsequent Work. If no Supplement File exists or no requirements are set out in Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors to document changes that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add to or change earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising Part 1 of each copy of the Supplement File distributed by the Initial Contributor with future copies of the Licensed Work so that Part 1 then contains new requirements (the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having the Earlier Description Requirements may choose, with respect to each such Earlier Licensed Copy, to comply with the Earlier Description Requirements or the New Description Requirements. Where a Recipient chooses to comply with the New Description Requirements, that Recipient will, when thereafter distributing any copies of any such Earlier Licensed Copy, include a Supplement File having a section entitled Part 1 that contains a copy of the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a mechanism (if any) by which Subsequent Contributors must document changes that they make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement File shall not be used to increase or reduce the scope of the license granted in Article 2 of this License or in any other way increase or decrease the rights and obligations of any Recipient, and shall at no time serve as the basis for terminating the License. Further, a Recipient can be required to correct and change its documentation procedures to comply with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any Supplement File is only binding on each Recipient of any Licensed Work to the extent Part 1 sets out the requirements for documenting changes to the Initial Work or any Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs of this Section 3.8) those are the requirements that the Initial Contributor includes in Part 1 of the Supplement File with the copies of the Initial Work distributed under this License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor to endorse or promote the Licensed Work or products derived from the Licensed Work, without prior written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional value may help justify the time, money and effort invested in writing the Initial Work, the Initial Contributor may include in Part 2 of the Supplement File a requirement that each time an executable program resulting from the Initial Work or any Subsequent Work, or a program dependent thereon, is launched or run, a prominent display of the Initial Contributor's attribution information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information must be included at the beginning of each Source Code file. For greater certainty, the Initial Contributor may specify in the Supplement File that the above attribution requirement only applies to an executable program resulting from the Initial Work or any Subsequent Work, but not a program dependent thereon. The intent is to provide for reasonably modest attribution, therefore the Initial Contributor may not require Recipients to display, at any time, more than the following Attribution Information: (a) a copyright notice including the name of the Initial Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or graphic provided with the Initial Work; and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the Supplement File, then there are no requirements for Recipients to display any Attribution Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names contained within Part 2 of the Supplement File distributed with the Licensed Work are the exclusive property of the Initial Contributor and may only be used with the permission of the Initial Contributor, or under circumstances otherwise permitted by law, or as expressly set out in this License.
3.11. For greater certainty, any description or attribution provisions contained within a Supplement File may only be used to specify the nature of the description or attribution requirements, as the case may be. Any provision in a Supplement File that otherwise purports to modify, vary, nullify or amend any right, obligation or representation contained herein shall be deemed void to that extent, and shall be of no force or effect.
4. COMMERCIAL USE AND INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to one or more other Recipients or Distributors. However, such Commercial Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf of any other Distributor or Recipient, and Commercial Recipient must make it clear than any such warranty, support, indemnity or liability obligation(s) is/are offered by Commercial Recipient alone. At no time may Commercial Recipient use any Services to deny any party the Licensed Work in Source Code or Executable form when so required under any of the other terms of this License. For greater certainty, this Section 4.1 does not diminish any of the other terms of this License, including without limitation the obligation of the Commercial Recipient as a Distributor, when distributing any of the Licensed Work in Source Code or Executable form, to make such distribution royalty-free (subject to the right to charge a fee of no more than the cost of physically performing Source Code or Executable distribution (as the case may be)).
4.2. INDEMNITY.
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this License is intended to facilitate the commercial use of the Licensed Work, the Distributor who includes any of the Licensed Work in a commercial product offering should do so in a manner which does not create potential liability for other Distributors. Therefore, if a Distributor includes the Licensed Work in a commercial product offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages and costs (collectively "LOSSES") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of any of the Licensed Work in a commercial product offering or in connection with any Services. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in writing of such claim; and (b) allow the Commercial Distributor to control, and co-operate with the Commercial Distributor in, the defense and any related settlement negotiations. The Indemnified Party may participate in any such claim at its own expense.
5. VERSIONS OF THE LICENSE.
5.1. NEW VERSIONS.
The Initial Contributor may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
5.2. EFFECT OF NEW VERSIONS.
Once the Licensed Work or any portion thereof has been published by Initial Contributor under a particular version of the License, Recipient may choose to continue to use it under the terms of that version. However, if a Recipient chooses to use the Licensed Work under the terms of any subsequent version of the License published by the Initial Contributor, then from the date of making this choice, the Recipient must comply with the terms of that subsequent version with respect to all further reproduction, preparation of derivative works, public display of, public performance of, distribution and sublicensing by the Recipient in connection with the Licensed Work. No one other than the Initial Contributor has the right to modify the terms applicable to the Licensed Work
6. DISCLAIMER OF WARRANTY.
6.1. GENERAL DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
6.2. RESPONSIBILITY OF RECIPIENTS.
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Licensed Work and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
7. TERMINATION.
7.1. This License shall continue until terminated in accordance with the express terms herein.
7.2. Recipient may choose to terminate this License automatically at any time.
7.3. This License, including without limitation the rights granted hereunder to a particular Recipient, will terminate automatically if such Recipient is in material breach of any of the terms of this License and fails to cure such breach within sixty (60) days of becoming aware of the breach. Without limiting the foregoing, any material breach by such Recipient of any term of any other License under which such Recipient is granted any rights to the Licensed Work shall constitute a material breach of this License.
7.4. Upon termination of this License by or with respect to a particular Recipient for any reason, all rights granted hereunder and under any other License to that Recipient shall terminate. However, all sublicenses to the Licensed Work which were previously properly granted by such Recipient under a copy of this License (in each case, an "Other License" and in plural, "Other Licenses") shall survive any such termination of this License, including without limitation the rights and obligations under such Other Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective sublicensees (i.e. other Recipients) remain in compliance with the terms of the copy of this License under which such sublicensees received rights to the Licensed Work. Any termination of such Other Licenses shall be pursuant to their respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
7.5. Upon any termination of this License by or with respect to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this License necessary for the interpretation and enforcement of same, shall expressly survive such termination.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
9. GOVERNING LAW AND LEGAL ACTION.
9.1. This License shall be governed by and construed in accordance with the laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of law provisions. No party may bring a legal action under this License more than one year after the cause of the action arose. Each party waives its rights (if any) to a jury trial in any litigation arising under this License. Note that if the Governing Jurisdiction is not assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive jurisdiction, to entertain and determine all disputes and claims, whether for specific performance, injunction, damages or otherwise, both at law and in equity, arising out of or in any way relating to this License, including without limitation, the legality, validity, existence and enforceability of this License. Each party to this License hereby irrevocably attorns to and accepts the jurisdiction of the courts of the Governing Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action or proceeding brought by any party against another under this License the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. The obligations imposed by this License are for the benefit of the Initial Contributor and any Recipient, and each Recipient acknowledges and agrees that the Initial Contributor and/or any other Recipient may enforce the terms and conditions of this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter hereof, and supersedes and cancels all previous oral and written communications, representations, agreements and understandings between the parties with respect to the subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed simply according to its fair meaning, and not strictly for or against any of the parties hereto. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
10.5. If any provision of this License is invalid or unenforceable under the laws of the Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
10.6. The paragraph headings of this License are for reference and convenience only and are not a part of this License, and they shall have no effect upon the construction or interpretation of any part hereof.
10.7. Each of the terms "including", "include" and "includes", when used in this License, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required that this License and notices relating thereto be drafted in the English language.
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
EXHIBIT A (to the Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE
The Initial Contributor is: ____________________________________________________
Address of Initial Contributor: ________________________________________________ ________________________________________________ ________________________________________________
The Designated Web Site is: __________________________________________________ NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.
PART 2: INITIAL WORK
The Initial Work comprises the computer program(s) distributed by the Initial Contributor having the following title(s): _______________________________________________.
The date on which the Initial Work was first available under this License: _________________
PART 3: GOVERNING JURISDICTION
For the purposes of this License, the Governing Jurisdiction is _________________________________________________.
[Initial Contributor to Enter Governing Jurisdiction here]PART 4: THIRD PARTIES
For the purposes of this License, "Third Party" has the definition set forth below in the ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E when the Initial Work is distributed or otherwise made available by the Initial Contributor. To select one of the following paragraphs, the Initial Contributor must place an "X" or "x" in the selection box alongside the one respective paragraph selected.
SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party. [ ] B. "THIRD PARTY" means any third party except for any of the following: (a) a wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the "PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b). [ ] C. "THIRD PARTY" means any third party except for any of the following: (a) any Person directly or indirectly owning a majority of the voting interest in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly or indirectly owns a majority voting interest. [ ] D. "THIRD PARTY" means any third party except for any Person directly or indirectly controlled by the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise. [ ] E. "THIRD PARTY" means any third party except for any Person directly or indirectly controlling, controlled by, or under common control with the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise. The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected by the Initial Contributor.
PART 5: NOTICE
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________ [Insert Initial Contributor's Designated Web Site here]
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
PART 6: PATENT LICENSING TERMS
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A are only incorporated and form part of the terms of the License if the Initial Contributor places an "X" or "x" in the selection box alongside the YES answer to the question immediately below.
Is this a Patents-Included License pursuant to Section 2.2 of the License?
YES [ ] NO [ ] By default, if YES is not selected by the Initial Contributor, the answer is NO.
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights granted herein.
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by the Initial Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of such Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial Contributor deletes from the Initial Work (or any portion thereof) distributed by the Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work (or portions thereof) distributed or made available by the Initial Contributor.
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Subsequent Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Modifications made by that Subsequent Contributor alone and/or in combination with its Subsequent Work (or portions of such combination) to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
(2) the combination of Modifications made by that Subsequent Contributor with its Subsequent Work (or portions of such combination);
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes from the Subsequent Contributor Version (or any portion thereof) distributed by the Subsequent Contributor prior to such distribution; (2) for any Modifications made to the Subsequent Contributor Version (or any portion thereof) by any other Person; or (3) separate from the Subsequent Contributor Version (or portions thereof) distributed or made available by the Subsequent Contributor.
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Distributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of such Licensed Work or portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing, no patent license is granted under this Paragraph D by such Distributor: (1) for any code that such Distributor deletes from the Distributor Version (or any portion thereof) distributed by the Distributor prior to such distribution; (2) for any Modifications made to the Distributor Version (or any portion thereof) by any other Person; or (3) separate from the Distributor Version (or portions thereof) distributed or made available by the Distributor.
E. If Recipient institutes patent litigation against another Recipient (a "USER") with respect to a patent applicable to a computer program or software (including a cross-claim or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a system, method, process, apparatus, device, product, article of manufacture or any other form of patent claim), then any patent or copyright license granted by that User to such Recipient under this License or any other copy of this License shall terminate. The termination shall be effective ninety (90) days after notice of termination from User to Recipient, unless the Recipient withdraws the patent litigation claim before the end of the ninety (90) day period. To be effective, any such notice of license termination must include a specific list of applicable patents and/or a copy of the copyrighted work of User that User alleges will be infringed by Recipient upon License termination. License termination is only effective with respect to patents and/or copyrights for which proper notice has been given.
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes such Subsequent Contributor made to create that Subsequent Work and the date of any change. //***EXHIBIT A ENDS HERE.***//
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
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Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as
published by the Free Software Foundation, either version 3 of the
License, or (at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.
You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <http://www.gnu.org/licenses/>.
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the 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."
Copyright (c) 2000-2006, The Perl Foundation.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This license establishes the terms under which a given free software Package may be copied, modified, distributed, and/or redistributed. The intent is that the Copyright Holder maintains some artistic control over the development of that Package while still keeping the Package available as open source and free software.
You are always permitted to make arrangements wholly outside of this license directly with the Copyright Holder of a given Package. If the terms of this license do not permit the full use that you propose to make of the Package, you should contact the Copyright Holder and seek a different licensing arrangement.
"Copyright Holder" means the individual(s) or organization(s) named in the copyright notice for the entire Package.
"Contributor" means any party that has contributed code or other material to the Package, in accordance with the Copyright Holder's procedures.
"You" and "your" means any person who would like to copy, distribute, or modify the Package.
"Package" means the collection of files distributed by the Copyright Holder, and derivatives of that collection and/or of those files. A given Package may consist of either the Standard Version, or a Modified Version.
"Distribute" means providing a copy of the Package or making it accessible to anyone else, or in the case of a company or organization, to others outside of your company or organization.
"Distributor Fee" means any fee that you charge for Distributing this Package or providing support for this Package to another party. It does not mean licensing fees.
"Standard Version" refers to the Package if it has not been modified, or has been modified only in ways explicitly requested by the Copyright Holder.
"Modified Version" means the Package, if it has been changed, and such changes were not explicitly requested by the Copyright Holder.
"Original License" means this Artistic License as Distributed with the Standard Version of the Package, in its current version or as it may be modified by The Perl Foundation in the future.
"Source" form means the source code, documentation source, and configuration files for the Package.
"Compiled" form means the compiled bytecode, object code, binary, or any other form resulting from mechanical transformation or translation of the Source form.
(1) You are permitted to use the Standard Version and create and use Modified Versions for any purpose without restriction, provided that you do not Distribute the Modified Version.
(2) You may Distribute verbatim copies of the Source form of the Standard Version of this Package in any medium without restriction, either gratis or for a Distributor Fee, provided that you duplicate all of the original copyright notices and associated disclaimers. At your discretion, such verbatim copies may or may not include a Compiled form of the Package.
(3) You may apply any bug fixes, portability changes, and other modifications made available from the Copyright Holder. The resulting Package will still be considered the Standard Version, and as such will be subject to the Original License.
(4) You may Distribute your Modified Version as Source (either gratis or for a Distributor Fee, and with or without a Compiled form of the Modified Version) provided that you clearly document how it differs from the Standard Version, including, but not limited to, documenting any non-standard features, executables, or modules, and provided that you do at least ONE of the following:
(a) make the Modified Version available to the Copyright Holder of the Standard Version, under the Original License, so that the Copyright Holder may include your modifications in the Standard Version.
(b) ensure that installation of your Modified Version does not prevent the user installing or running the Standard Version. In addition, the Modified Version must bear a name that is different from the name of the Standard Version.
(c) allow anyone who receives a copy of the Modified Version to make the Source form of the Modified Version available to others under
(i) the Original License or
(ii) a license that permits the licensee to freely copy, modify and redistribute the Modified Version using the same licensing terms that apply to the copy that the licensee received, and requires that the Source form of the Modified Version, and of any works derived from it, be made freely available in that license fees are prohibited but Distributor Fees are allowed.
(5) You may Distribute Compiled forms of the Standard Version without the Source, provided that you include complete instructions on how to get the Source of the Standard Version. Such instructions must be valid at the time of your distribution. If these instructions, at any time while you are carrying out such distribution, become invalid, you must provide new instructions on demand or cease further distribution. If you provide valid instructions or cease distribution within thirty days after you become aware that the instructions are invalid, then you do not forfeit any of your rights under this license.
(6) You may Distribute a Modified Version in Compiled form without the Source, provided that you comply with Section 4 with respect to the Source of the Modified Version.
(7) You may aggregate the Package (either the Standard Version or Modified Version) with other packages and Distribute the resulting aggregation provided that you do not charge a licensing fee for the Package. Distributor Fees are permitted, and licensing fees for other components in the aggregation are permitted. The terms of this license apply to the use and Distribution of the Standard or Modified Versions as included in the aggregation.
(8) You are permitted to link Modified and Standard Versions with other works, to embed the Package in a larger work of your own, or to build stand-alone binary or bytecode versions of applications that include the Package, and Distribute the result without restriction, provided the result does not expose a direct interface to the Package.
(9) Works (including, but not limited to, modules and scripts) that merely extend or make use of the Package, do not, by themselves, cause the Package to be a Modified Version. In addition, such works are not considered parts of the Package itself, and are not subject to the terms of this license.
(10) Any use, modification, and distribution of the Standard or Modified Versions is governed by this Artistic License. By using, modifying or distributing the Package, you accept this license. Do not use, modify, or distribute the Package, if you do not accept this license.
(11) If your Modified Version has been derived from a Modified Version made by someone other than you, you are nevertheless required to ensure that your Modified Version complies with the requirements of this license.
(12) This license does not grant you the right to use any trademark, service mark, tradename, or logo of the Copyright Holder.
(13) This license includes the non-exclusive, worldwide, free-of-charge patent license to make, have made, use, offer to sell, sell, import and otherwise transfer the Package with respect to any patent claims licensable by the Copyright Holder that are necessarily infringed by the Package. If you institute patent litigation (including a cross-claim or counterclaim) against any party alleging that the Package constitutes direct or contributory patent infringement, then this Artistic License to you shall terminate on the date that such litigation is filed.
(14) Disclaimer of Warranty: THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS IS' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED TO THE EXTENT PERMITTED BY YOUR LOCAL LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER OR CONTRIBUTOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 2002 by AUTHOR
PROFESSIONAL IDENTIFICATION * URL
"PROMOTIONAL SLOGAN FOR AUTHOR'S PROFESSIONAL PRACTICE"
All Rights Reserved
ATTRIBUTION ASSURANCE LICENSE (adapted from the original BSD license)
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the conditions below are met.
These conditions require a modest attribution to <AUTHOR> (the
"Author"), who hopes that its promotional value may help justify the
thousands of dollars in otherwise billable time invested in writing
this and other freely available, open-source software.
1. Redistributions of source code, in whole or part and with or without
modification (the "Code"), must prominently display this GPG-signed
text in verifiable form.
2. Redistributions of the Code in binary form must be accompanied by
this GPG-signed text in any documentation and, each time the resulting
executable program or a program dependent thereon is launched, a
prominent display (e.g., splash screen or banner text) of the Author's
attribution information, which includes:
(a) Name ("AUTHOR"),
(b) Professional identification ("PROFESSIONAL IDENTIFICATION"), and
(c) URL ("URL").
3. Neither the name nor any trademark of the Author may be used to
endorse or promote products derived from this software without specific
prior written permission.
4. Users are entirely responsible, to the exclusion of the Author and
any other persons, for compliance with (1) regulations set by owners or
administrators of employed equipment, (2) licensing terms of any other
software, and (3) local regulations regarding use, including those
regarding import, export, and use of encryption software.
THIS FREE SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE AUTHOR OR ANY CONTRIBUTOR BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
EFFECTS OF UNAUTHORIZED OR MALICIOUS NETWORK ACCESS;
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
--End of License
Originally written by Edwin A. Suominen for licensing his PRIVARIA secure networking software (see www.privaria.org). The author, who is not an attorney, places this license template into the public domain along with a complete disclaimer of any warranty or responsibility for its content or legal efficacy. You may use or modify the language freely, but entirely at your own risk.
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code 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, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "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 more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such
entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made
by that Contributor with other software (except as part of the
Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by
that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six
(6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after
the Modification is made available as described in Section 3.2,
Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. 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 such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
CUA Office Project may publish revised
and/or new versions of the License from time to time. Each version
will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms
of any subsequent version of the License published by CUA Office Project. No one
other than CUA Office Project has the right to modify the terms applicable to
Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that
the phrases "CUA Office", "CUA", "CUAPL", or any confusingly similar phrase do not appear in your
license (except to note that your license differs from this License)
and (b) otherwise make it clear that Your version of the license
contains terms which differ from the CUA Office Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in
Exhibit A shall not of themselves be deemed to be modifications of
this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those
rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of,
or an entity chartered or registered to do business in the United
States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County,
California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the NPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - CUA Office Public License.
``The contents of this file are subject to the CUA Office Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://cuaoffice.sourceforge.net/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the "[___] License"), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to use
your version of this file under the CUAPL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [___] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the CUAPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
1. Definitions.
1.1. Contributor means each
individual or entity that creates or contributes to the creation of
Modifications.
1.2. Contributor Version means
the combination of the Original Software, prior
Modifications used by a Contributor (if any), and the
Modifications made by that particular Contributor.
1.3. Covered Software means (a)
the Original Software, or (b) Modifications, or (c) the
combination of files containing Original Software with files
containing Modifications, in each case including portions
thereof.
1.4. Executable means the
Covered Software in any form other than Source Code.
1.5. Initial Developer means
the individual or entity that first makes Original Software
available under this License.
1.6. Larger Work means a work
which combines Covered Software or portions thereof with
code not governed by the terms of this License.
1.7. License means this
document.
1.8. Licensable means having
the right to grant, to the maximum extent possible, whether
at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. Modifications means the
Source Code and Executable form of any of the following:
A. Any file that results from an addition
to, deletion from or modification of the contents of a
file containing Original Software or previous
Modifications;
B. Any new file that contains any part of
the Original Software or previous Modification; or
C. Any new file that is contributed or
otherwise made available under the terms of this
License.
1.10. Original Software means
the Source Code and Executable form of computer software
code that is originally released under this License.
1.11. Patent Claims means any
patent claim(s), now owned or hereafter acquired, including
without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.12. Source Code means (a) the
common form of computer software code in which modifications
are made and (b) associated documentation included in or
with such code.
1.13. You (or
Your) means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities,
You includes any entity which controls, is
controlled by, or is under common control with You. For
purposes of this definition, 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 more than fifty
percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1
below and subject to third party intellectual property
claims, the Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights
(other than patent or trademark) Licensable by Initial
Developer, to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or
portions thereof), with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patent Claims infringed by the
making, using or selling of Original Software, to make,
have made, use, practice, sell, and offer for sale,
and/or otherwise dispose of the Original Software (or
portions thereof).
(c) The licenses granted in
Sections 2.1(a) and (b) are effective on the date
Initial Developer first distributes or otherwise makes
the Original Software available to a third party under
the terms of this License.
(d) Notwithstanding Section 2.1(b)
above, no patent license is granted: (1) for code
that You delete from the Original Software, or
(2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software
or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below
and subject to third party intellectual property claims,
each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights
(other than patent or trademark) Licensable by
Contributor to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by
such Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as Covered
Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the
making, using, or selling of Modifications made by that
Contributor either alone and/or in combination with its
Contributor Version (or portions of such combination),
to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: (1) Modifications made by
that Contributor (or portions thereof); and (2) the
combination of Modifications made by that Contributor
with its Contributor Version (or portions of such
combination).
(c) The licenses granted in
Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first distributes or otherwise makes
the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b)
above, no patent license is granted: (1) for any
code that Contributor has deleted from the Contributor
Version; (2) for infringements caused by:
(i) third party modifications of Contributor
Version, or (ii) the combination of Modifications
made by that Contributor with other software (except as
part of the Contributor Version) or other devices; or
(3) under Patent Claims infringed by Covered
Software in the absence of Modifications made by that
Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise
make available in Executable form must also be made
available in Source Code form and that Source Code form
must be distributed only under the terms of this License.
You must include a copy of this License with every copy of
the Source Code form of the Covered Software You
distribute or otherwise make available. You must inform
recipients of any such Covered Software in Executable form
as to how they can obtain such Covered Software in Source
Code form in a reasonable manner on or through a medium
customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications
that identifies You as the Contributor of the
Modification. You may not remove or alter any copyright,
patent or trademark notices contained within the Covered
Software, or any notices of licensing or any descriptive
text giving attribution to any Contributor or the Initial
Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the
recipients rights hereunder. You may choose to
offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more
recipients of Covered Software. However, you may do so
only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the
terms of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit
or alter the recipients rights in the Source Code
form from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that
any terms which differ from this License are offered by
You alone, not by the Initial Developer or Contributor.
You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of any
such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered
Software with other code not governed by the terms of this
License and distribute the Larger Work as a single
product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered
Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward
and may publish revised and/or new versions of this
License from time to time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than the license steward has the
right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any
subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the
License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to
create a new license for Your Original Software, You may
create and use a modified version of this License if You:
(a) rename the license and remove any references to
the name of the license steward (except to note that the
license differs from this License); and (b) otherwise
make it clear that the license contains terms which differ
from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN
AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER
OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted
hereunder will terminate automatically if You fail to comply
with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. Provisions which, by
their nature, must remain in effect beyond the termination
of this License shall survive.
6.2.
If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the
Initial Developer or Contributor against whom You assert such claim is
referred to as Participant) alleging that the Participant Software
(meaning the Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the Initial
Developer) directly or indirectly infringes any patent, then any and
all rights granted directly or indirectly to You by such Participant,
the Initial Developer (if the Initial Developer is not the Participant)
and all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively and
automatically at the expiration of such 60 day notice period, unless if
within such 60 day period You withdraw Your claim with respect to the
Participant Software against such Participant either unilaterally or
pursuant to a written agreement with Participant.
6.3. In the event of termination under
Sections 6.1 or 6.2 above, all end user licenses
that have been
validly granted by You or any distributor hereunder prior to
termination (excluding licenses granted to You by any
distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM SUCH PARTYS
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as
that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of commercial computer software (as
that term is defined at 48
C.F.R. 252.227-7014(a)(1)) and commercial
computer software documentation as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered
Software with only those rights set forth herein. This
U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this
License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable. This
License shall be governed by the law of the jurisdiction
specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides
otherwise), excluding such jurisdictions
conflict-of-law provisions. Any
litigation relating to this License shall be subject to the
jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within
the Original Software, with the losing party responsible for
costs, including, without limitation, court costs and
reasonable attorneys fees and expenses. The
application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a
contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are
responsible for compliance with the United States export
administration regulations (and the export control laws and
regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each
party is responsible for claims and damages arising, directly
or indirectly, out of its utilization of rights under this
License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or shall be deemed to
constitute any admission of liability.
Common Public Attribution License Version 1.0 (CPAL)
1. “Definitions”
1.0.1 “Commercial Use” means distribution or otherwise making the Covered Code available to a third party.
1.1 “Contributor” means each entity that creates or contributes to the creation of Modifications.
1.2 “Contributor Version” means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3 “Covered Code” means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4 “Electronic Distribution Mechanism” means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5 “Executable” means Covered Code in any form other than Source Code.
1.6 “Initial Developer” means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7 “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8 “License” means this document.
1.8.1 “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9 “Modifications” means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10 “Original Code” means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1 “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11 “Source Code” means the preferred form of the Covered Code 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, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor’s choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12 “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “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 more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2 Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients’ rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party’s intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled “LEGAL” which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor’s Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor’s Modifications are Contributor’s original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients’ rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients’ rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient’s rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer, Original Developer or any Contributor. You hereby agree to indemnify the Initial Developer, Original Developer and every Contributor for any liability incurred by the Initial Developer, Original Developer or such Contributor as a result of any such terms You offer.
3.7 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 such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions.
Socialtext, Inc. (“Socialtext”) may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Socialtext. No one other than Socialtext has the right to modify the terms applicable to Covered Code created under this License.
6.3 Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases “Socialtext”, “CPAL” or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the CPAL. (Filling in the name of the Initial Developer, Original Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer, Original Developer or a Contributor (the Initial Developer, Original Developer or Contributor against whom You file such action is referred to as “Participant”) alleging that:
(a) such Participant’s Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant’s Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging that such Participant’s Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer, Original Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer, Original Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the CPAL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
14. ADDITIONAL TERM: ATTRIBUTION
(a) As a modest attribution to the organizer of the development of the Original Code (“Original Developer”), in the hope that its promotional value may help justify the time, money and effort invested in writing the Original Code, the Original Developer may include in Exhibit B (“Attribution Information”) a requirement that each time an Executable and Source Code or a Larger Work is launched or initially run (which includes initiating a session), a prominent display of the Original Developer’s Attribution Information (as defined below) must occur on the graphic user interface employed by the end user to access such Covered Code (which may include display on a splash screen), if any. The size of the graphic image should be consistent with the size of the other elements of the Attribution Information. If the access by the end user to the Executable and Source Code does not create a graphic user interface for access to the Covered Code, this obligation shall not apply. If the Original Code displays such Attribution Information in a particular form (such as in the form of a splash screen, notice at login, an “about” display, or dedicated attribution area on user interface screens), continued use of such form for that Attribution Information is one way of meeting this requirement for notice.
(b) Attribution information may only include a copyright notice, a brief phrase, graphic image and a URL (“Attribution Information”) and is subject to the Attribution Limits as defined below. For these purposes, prominent shall mean display for sufficient duration to give reasonable notice to the user of the identity of the Original Developer and that if You include Attribution Information or similar information for other parties, You must ensure that the Attribution Information for the Original Developer shall be no less prominent than such Attribution Information or similar information for the other party. For greater certainty, the Original Developer may choose to specify in Exhibit B below that the above attribution requirement only applies to an Executable and Source Code resulting from the Original Code or any Modification, but not a Larger Work. The intent is to provide for reasonably modest attribution, therefore the Original Developer cannot require that You display, at any time, more than the following information as Attribution Information: (a) a copyright notice including the name of the Original Developer; (b) a word or one phrase (not exceeding 10 words); (c) one graphic image provided by the Original Developer; and (d) a URL (collectively, the “Attribution Limits”).
(c) If Exhibit B does not include any Attribution Information, then there are no requirements for You to display any Attribution Information of the Original Developer.
(d) You acknowledge that all trademarks, service marks and/or trade names contained within the Attribution Information distributed with the Covered Code are the exclusive property of their owners and may only be used with the permission of their owners, or under circumstances otherwise permitted by law or as expressly set out in this License.
15. ADDITIONAL TERM: NETWORK USE.
The term “External Deployment” means the use, distribution, or communication of the Original Code or Modifications in any way such that the Original Code or Modifications may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Code or Modifications as a distribution under section 3.1 and make Source Code available under Section 3.2.
EXHIBIT A. Common Public Attribution License Version 1.0.
“The contents of this file are subject to the Common Public Attribution License Version 1.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at _____________. The License is based on the Mozilla Public License Version 1.1 but Sections 14 and 15 have been added to cover use of software over a computer network and provide for limited attribution for the Original Developer. In addition, Exhibit A has been modified to be consistent with Exhibit B.
Software distributed under the License is distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is______________________.
The Original Developer is not the Initial Developer and is __________. If left blank, the Original Developer is the Initial Developer.
The Initial Developer of the Original Code is ____________. All portions of the code written by ___________ are Copyright (c) _____. All Rights Reserved.
Contributor ______________________.
Alternatively, the contents of this file may be used under the terms of the _____ license (the [___] License), in which case the provisions of [______] License are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the CPAL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the CPAL or the [___] License.”
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
EXHIBIT B. Attribution Information
Attribution Copyright Notice: _______________________
Attribution Phrase (not exceeding 10 words): _______________________
Attribution URL: _______________________
Graphic Image as provided in the Covered Code, if any.
Display of Attribution Information is [required/not required] in Larger Works which are defined in the CPAL as a work which combines Covered Code or portions thereof with code not governed by the terms of the CPAL.
Version 1.1
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
Computer Associates International, Inc. (CA) believes in open source. We believe that the open source development approach can take appropriate software programs to unprecedented levels of quality, growth, and innovation. To demonstrate our continuing commitment to open source, we are releasing the Program (as defined below) under this License.
This License is intended to permit contributors and recipients of the Program to use the Program, including its source code, freely and without many of the concerns of some other open source licenses. Although we expect the underlying Program, and Contributions (as defined below) made to such Program, to remain open, this License is designed to permit you to maintain your own software programs free of this License unless you choose to do so. Thus, only your Contributions to the Program must be distributed under the terms of this License.
The provisions that follow set forth the terms and conditions under which you may use the Program.
1. DEFINITIONS
1.1 Contribution means (a) in the case of CA, the Original Program; and (b) in the case of each Contributor (including CA), changes and additions to the Program, where such changes and/or additions to the Program originate from and are distributed by that particular Contributor to unaffiliated third parties. A Contribution originates from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributors behalf. Contributions do not include additions to the Program which: (x) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (y) are not derivative works of the Program.
1.2 Contributor means CA and any other person or entity that distributes the Program.
1.3 Contributor Version means as to a Contributor, that version of the Program that includes the Contributors Contribution but not any Contributions made to the Program thereafter.
1.4 Larger Work means a work that combines the Program or portions thereof with code not governed by the terms of this License.
1.5 Licensed Patents mean patents licensable by a Contributor that are infringed by the use or sale of its Contribution alone or when combined with the Program.
1.6 Original Program means the original version of the software to which this License is attached and as released by CA, including source code, object code and documentation, if any.
1.7 Program means the Original Program and Contributions.
1.8 Recipient means anyone who modifies, copies, uses or distributes the Program.
2. GRANT OF RIGHTS
2.1 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. For the avoidance of doubt, the license provided in this Section 2.1 shall not include a license to any Licensed Patents of a Contributor.
2.2 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed Patents to the extent necessary to make, use, sell, offer to sell and import the Contribution of such Contributor, if any, in source code and object code form. The license granted in this Section 2.2 shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes the Licensed Patents to be infringed by such combination. Notwithstanding the foregoing, no license is granted under this Section 2.2: (a) for any code or works that do not include the Contributor Version, as it exists and is used in accordance with the terms hereof; (b) for infringements caused by: (i) third party modifications of the Contributor Version; or (ii) the combination of Contributions made by each such Contributor with other software (except as part of the Contributor Version) or other devices; or (c) with respect to Licensed Patents infringed by the Program in the absence of Contributions made by that Contributor.
2.3 Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, except as provided in Section 2.4, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other person or entity. Each Contributor disclaims any liability to Recipient for claims brought by any other person or entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any.
2.4 Each Contributor represents and warrants that it has all right, title and interest in the copyrights in its Contributions, and has the right to grant the copyright licenses set forth in this License.
3. DISTRIBUTION REQUIREMENTS
3.1 If the Program is distributed in object code form, then a prominent notice must be included in the code itself as well as in any related documentation, stating that the source code for the Program is available from the Contributor with information on how and where to obtain the source code. A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
3.2 When the Program is made available in source code form:
3.3 This License is intended to facilitate the commercial distribution of the Program by any Contributor. However, Contributors may only charge Recipients a one-time, upfront fee for the distribution of the Program. Contributors may not charge Recipients any recurring charge, license fee, or any ongoing royalty for the Recipients exercise of its rights under this License to the Program. Contributors shall make the source code for the Contributor Version they distribute available at a cost, if any, equal to the cost to the Contributor to physically copy and distribute the work. It is not the intent of this License to prohibit a Contributor from charging fees for any service or maintenance that a Contributor may charge to a Recipient, so long as such fees are not an attempt to circumvent the foregoing restrictions on charging royalties or other recurring fees for the Program itself.
3.4 A Contributor may create a Larger Work by combining the Program with other software code not governed by the terms of this License, and distribute the Larger Work as a single product. In such a case, the Contributor must make sure that the requirements of this License are fulfilled for the Program. Any Contributor who includes the Program in a commercial product offering, including as part of a Larger Work, may subject itself, but not any other Contributor, to additional contractual commitments, including, but not limited to, performance warranties and non-infringement representations on suchContributors behalf. No Contributor may create any additional liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (Commercial Contributor) hereby agrees to defend and indemnify every other Contributor (Indemnified Contributor) who made Contributions to the Program distributed by the Commercial Contributor against any losses, damages and costs (collectively Losses) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions, including any additional contractual commitments, of such Commercial Contributor in connection with its distribution of the Program. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement.
3.5 If Contributor has knowledge that a license under a third partys intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must (a) include a text file with the Program source code distribution titled ../IP_ISSUES, and (b) notify CA in writing at Computer Associates International, Inc., One Computer Associates Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com, both describing the claim and the party making the claim in sufficient detail that a Recipient and CA will know whom to contact with regard to such matter. If Contributor obtains such knowledge after the Contribution is made available, Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Program that such new knowledge has been obtained.
3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor copyright or patent proprietary notices appearing in the Program, whether in the source code, object code or in any documentation. In addition to the obligations set forth in Section 4, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. CONTRIBUTION RESTRICTIONS
4.1 Each Contributor must cause the Program to which the Contributor provides a Contribution to contain a file documenting the changes the Contributor made to create its version of the Program and the date of any change. Each Contributor must also include a prominent statement that the Contribution is derived, directly or indirectly, from the Program distributed by a prior Contributor, including the name of the prior Contributor from which such Contribution was derived, in (a) the Program source code, and (b) in any notice in an executable version or related documentation in which the Contributor describes the origin or ownership of the Program.
5. NO WARRANTY
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
5.2 Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
5.3 Each Recipient acknowledges that the Program 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 Program could lead to death, personal injury, or severe physical or environmental damage.
6. DISCLAIMER OF LIABILITY
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. TRADEMARKS AND BRANDING
7.1 This License does not grant any Recipient or any third party any rights to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm, or any other trademarks, service marks, logos or trade names belonging to CA (collectively CA Marks) or to any trademark, service mark, logo or trade name belonging to any Contributor. Recipient agrees not to use any CA Marks in or as part of the name of products derived from the Original Program or to endorse or promote products derived from the Original Program.
7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks, logos, and product names belonging to the Recipient provided that all copyright and other attribution notices remain in the Program.
8. PATENT LITIGATION
8.1 If Recipient institutes patent litigation against any person or entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipients patent(s), then such Recipients rights granted under Section 2.2 shall terminate as of the date such litigation is filed.
9. OWNERSHIP
9.1 Subject to the licenses granted under this License in Sections 2.1 and 2.2 above, each Contributor retains all rights, title and interest in and to any Contributions made by such Contributor. CA retains all rights, title and interest in and to the Original Program and any Contributions made by or on behalf of CA (CA Contributions), and such CA Contributions will not be automatically subject to this License. CA may, at its sole discretion, choose to license such CA Contributions under this License, or on different terms from those contained in this License or may choose not to license them at all.
10. TERMINATION
10.1 All of Recipients rights under this License shall terminate if it fails to comply with any of the material terms or conditions of this License and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Recipients rights under this License terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipients obligations under this License and any licenses granted by Recipient as a Contributor relating to the Program shall continue and survive termination.
11. GENERAL
11.1 If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
11.2 CA may publish new versions (including revisions) of this License from time to time. Each new version of the License will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the License under which it was received. In addition, after a new version of the License is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than CA has the right to modify this License.
11.3 If it is impossible for Recipient to comply with any of the terms of this License with respect to some or all of the Program due to statute, judicial order, or regulation, then Recipient must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the IP_ISSUES file described in Section 3.5 and must be included with all distributions of the Program source code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a Recipient of ordinary skill to be able to understand it.
11.4 This License is governed by the laws of the State of New York. No Recipient will bring a legal action under this License more than one year after the cause of action arose. Each Recipient waives its rights to a jury trial in any resulting litigation. Any litigation or other dispute resolution between a Recipient and CA relating to this License shall take place in the State of New York, and Recipient and CA 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.
11.5 Where Recipient is 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 contractantes confirment qu'elles ont exige que le present contrat et tous les documents associes soient rediges en anglais.
11.6 The Program is subject to all export and import laws, restrictions and regulations of the country in which Recipient receives the Program. Recipient is solely responsible for complying with and ensuring that Recipient does not export, re-export, or import the Program in violation of such laws, restrictions or regulations, or without any necessary licenses and authorizations.
11.7 This License constitutes the entire agreement between the parties with respect to the subject matter hereof.
Copyright (c) 2001 EU DataGrid. All rights reserved.
This software includes voluntary contributions made to the EU DataGrid. For more information on the EU DataGrid, please see http://www.eu-datagrid.org/.
Installation, use, reproduction, display, modification and redistribution of this software, with or without modification, in source and binary forms, are permitted. Any exercise of rights under this license by you or your sub-licensees is subject to the following conditions:
1. Redistributions of this software, with or without modification, must reproduce the above copyright notice and the above license statement as well as this list of conditions, in the software, the user documentation and any other materials provided with the software.
2. The user documentation, if any, included with a redistribution, must include the following notice:
"This product includes software developed by the EU DataGrid (http://www.eu-datagrid.org/)."
Alternatively, if that is where third-party acknowledgments normally appear, this acknowledgment must be reproduced in the software itself.
3. The names "EDG", "EDG Toolkit", and "EU DataGrid Project" may not be used to endorse or promote software, or products derived
therefrom, except with prior written permission by hep-project-grid-edg-license@cern.ch.
4. You are under no obligation to provide anyone with any bug fixes, patches, upgrades or other modifications, enhancements or derivatives of the features,functionality or performance of this software that you may develop. However, if you publish or distribute your modifications, enhancements or derivative works without contemporaneously requiring users to enter into a separate written license agreement, then you are deemed to have granted participants in the EU DataGrid a worldwide, non-exclusive, royalty-free, perpetual license to install, use, reproduce, display, modify, redistribute and sub-license your modifications, enhancements or derivative works, whether in binary or source code form, under the license conditions stated in this list of conditions.
5. DISCLAIMER
THIS SOFTWARE IS PROVIDED BY THE EU DATAGRID AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE EU DATAGRID AND CONTRIBUTORS MAKE NO REPRESENTATION THAT THE SOFTWARE, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.
6. LIMITATION OF LIABILITY
THE EU DATAGRID AND CONTRIBUTORS SHALL HAVE NO LIABILITY TO LICENSEE OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Educational Community License
Version 2.0, April 2007
http://www.osedu.org/licenses/
The Educational Community License version 2.0 ("ECL") consists of the Apache 2.0 license, modified to change the scope of the patent grant in section 3 to be specific to the needs of the education communities using this license. The original Apache 2.0 license can be found at: http://www.apache.org/licenses
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. Any patent license granted hereby with respect to contributions by an individual employed by an institution or organization is limited to patent claims where the individual that is the author of the Work is also the inventor of the patent claims licensed, and where the organization or institution has the right to grant such license under applicable grant and research funding agreements. No other express or implied licenses are granted.
4. Redistribution.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Educational Community License to your work
To apply the Educational Community License to your work, attach
the following boilerplate notice, with the fields enclosed by
brackets "[]" replaced with your own identifying information.
(Don't include the brackets!) The text should be enclosed in the
appropriate comment syntax for the file format. We also recommend
that a file or class name and description of purpose be included on
the same "printed page" as the copyright notice for easier
identification within third-party archives.Copyright [yyyy] [name of copyright owner] Licensed under the
Educational Community License, Version 2.0 (the "License"); you may
not use this file except in compliance with the License. You may
obtain a copy of the License at
http://www.osedu.org/licenses/ECL-2.0
Unless required by applicable law or agreed to in writing,
software distributed under the License is distributed on an "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express
or implied. See the License for the specific language governing
permissions and limitations under the License.
1:
Permission is hereby granted to use, copy, modify and/or distribute
this package, provided that:
2:
Permission is hereby also granted to distribute binary programs which
depend on this package. If the binary program depends on a modified
version of this package, you are encouraged to publicly release the
modified version of this package.
THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHORS BE LIABLE TO ANY PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THIS PACKAGE.
Copyright (c) 2003 Entessa, LLC. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
"This product includes open source software developed by openSEAL (http://www.openseal.org/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ENTESSA, LLC, OPENSEAL OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
============================================================
This software consists of voluntary contributions made by many individuals on behalf of openSEAL and was originally based on software contributed by Entessa, LLC, http://www.entessa.com. For more information on the openSEAL, please see <http://www.openseal.org/>.
<Copyright Information>
Usage of the works is permitted provided that this instrument is retained with the works, so that any entity that uses the works is notified of this instrument.
DISCLAIMER: THE WORKS ARE WITHOUT WARRANTY.
[2004, Fair License: rhid.com/fair (this URL no longer works)]
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
One line to give the program's name and a brief idea of what it does.
Copyright (C) <year> <name of author>This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.
from: http://www.gnu.org/licenses/gpl-3.0.html
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for software and other kinds of works.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.
For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.
Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.
Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS
0. Definitions.
“This License” refers to version 3 of the GNU General Public License.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.
To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the Program.
To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.
A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
* a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
* b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
* c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
* d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
* a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
* b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
* c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
* d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
* e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
7. Additional Terms.
“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
* a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
* b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
* c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
* d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
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* f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
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1. IPA may publish revised and/or new versions of this License. In such an event, the Recipient may select either this Agreement or any subsequent version of the Agreement in using, conducting the Reproduction and Other Exploitation of, or Redistributing the Licensed Program or a Derived Program. Other matters not specified above shall be subject to the Copyright Law of Japan and other related laws and regulations of Japan.Copyright (c) 4-digit year, Company or Person's Name
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
The following is a Lucent license template. To generate your own. change the values of OWNER, ORGANIZATION, and YEAR from their original values as given here, and substitute your own.
<ORGANIZATION:> = Lucent Technologies Inc.
<OWNER> = LUCENT
<YEAR> = 2003
Here is the license template:
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
where such changes and/or additions to the Program were added to the Program by such Contributor itself or anyone acting on such Contributor's behalf, and the Contributor explicitly consents, in accordance with Section 3C, to characterization of the changes and/or additions as Contributions.
"Contributor" means <OWNER> and any other entity that has Contributed a Contribution to the Program.
"Distributor" means a Recipient that distributes the Program, modifications to the Program, or any part thereof.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Original Program" means the original version of the software accompanying this Agreement as released by <OWNER>, including source code, object code and documentation, if any.
"Program" means the Original Program and Contributions or any part thereof
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. The patent license granted by a Contributor shall also apply to the combination of the Contribution of that Contributor and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license granted by a Contributor shall not apply to (i) any other combinations which include the Contribution, nor to (ii) Contributions of other Contributors. No hardware per se is licensed hereunder.
c. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A. Distributor may choose to distribute the Program in any form under this Agreement or under its own license agreement, provided that:
B. Each Distributor must include the following in a conspicuous location in the Program:
Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
C. In addition, each Contributor must identify itself as the originator of its Contribution in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. Also, each Contributor must agree that the additions and/or changes are intended to be a Contribution. Once a Contribution is contributed, it may not thereafter be revoked.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Distributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for Contributors. Therefore, if a Distributor includes the Program in a commercial product offering, such Distributor ("Commercial Distributor") hereby agrees to defend and indemnify every Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Distributor in writing of such claim, and b) allow the Commercial Distributor to control, and cooperate with the Commercial Distributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Distributor might include the Program in a commercial product offering, Product X. That Distributor is then a Commercial Distributor. If that Commercial Distributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Distributor's responsibility alone. Under this section, the Commercial Distributor would have to defend claims against the Contributors related to those performance claims and warranties, and if a court requires any Contributor to pay any damages as a result, the Commercial Distributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT CONTROL
Recipient agrees that Recipient alone is responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries).
8. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
LUCENT may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than LUCENT has the right to modify this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
From: http://www.opensource.org/licenses/mit-license.php
The MIT License
Copyright (c)
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
This license governs use of the accompanying software. If you use the software, you
accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the
same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Why is this licence considered open source, seeing as it is apparently not mandatory to distribute the sources under these terms?
(This is a question, not a criticism, I am not just anti-microsoft)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) Reciprocal Grants- For any file you distribute that contains code from the software (in source code or binary format), you must provide recipients the source code to that file along with a copy of this license, which license will govern that file. You may license other files that are entirely your own work and do not contain code from the software under any terms you choose.
(B) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(C) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(D) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(E) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(F) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
/*-
* Copyright © year, year, year, …
* First M. Last <user@host.domain>
*
* Provided that these terms and disclaimer and all copyright notices
* are retained or reproduced in an accompanying document, permission
* is granted to deal in this work without restriction, including un‐
* limited rights to use, publicly perform, distribute, sell, modify,
* merge, give away, or sublicence.
*
* This work is provided "AS IS" and WITHOUT WARRANTY of any kind, to
* the utmost extent permitted by applicable law, neither express nor
* implied; without malicious intent or gross negligence. In no event
* may a licensor, author or contributor be held liable for indirect,
* direct, other damage, loss, or other issues arising in any way out
* of dealing in the work, even if advised of the possibility of such
* damage or existence of a defect, except proven that it results out
* of said person's immediate fault when using the work as intended.
*/
I_N_S_T_R_U_C_T_I_O_N_S_:_
To apply the template(¹) specify the years of copyright (separated by
comma, not as a range), the legal names of the copyright holders, and
the real names of the authors if different. Avoid adding text.
R_A_T_I_O_N_A_L_E_:_
This licence is apt for any kind of work (such as source code, fonts,
documentation, graphics, sound etc.) and the preferred terms for work
added to MirBSD. It has been drafted as universally usable equivalent
of the "historic permission notice"⁽²⁾ adapted to Europen law because
in some (droit d'auteur) countries authors cannot disclaim all liabi‐
lities. Compliance to DFSG⁽³⁾ 1.1 is ensured, and GPLv2 compatibility
is asserted unless advertising clauses are used. The MirOS Licence is
certified to conform to OKD⁽⁴⁾ 1.0 and OSD⁽⁵⁾ 1.9, and qualifies as a
Free Software⁽⁶⁾ and also Free Documentation⁽⁷⁾ licence and is inclu‐
ded in some relevant lists⁽⁸⁾⁽⁹⁾⁽¹⁰⁾.
We believe you are not liable for work inserted which is intellectual
property of third parties, if you were not aware of the fact, act ap‐
propriately as soon as you become aware of that problem, seek an ami‐
cable solution for all parties, and never knowingly distribute a work
without being authorised to do so by its licensors.
R_E_F_E_R_E_N_C_E_S_:_
① also at http://mirbsd.de/MirOS-Licence
② http://www.opensource.org/licenses/historical.php
③ http://www.debian.org/social_contract#guidelines
④ http://www.opendefinition.org/1.0
⑤ http://www.opensource.org/docs/osd
⑥ http://www.gnu.org/philosophy/free-sw.html
⑦ http://www.gnu.org/philosophy/free-doc.html
⑧ http://www.ifross.de/ifross_html/lizenzcenter.html
⑨ http://www.opendefinition.org/licenses
⑩ http://opensource.org/licenses/miros.html
This Motosoto Open Source License (the "License") applies to "Community
Portal Server" and related software products as well as any updatesor
maintenance releases of that software ("Motosoto Products") that are
distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto
Product licensed pursuant to this License is a "Licensed Product." Licensed
Product, in its entirety, is protected by Dutch copyright law.
This
License identifies the terms under which you may use, copy, distribute or modify
Licensed Product and has been submitted to the Open Software Initiative (OSI)
for approval.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of
this License. However, this Preamble is not a part of this license. The legal
effect of this License is dependent only upon the terms of the License and not
this Preamble.
This License complies with the Open Source Definition and has been approved by
Open Source Initiative. Software distributed under this License may be marked
as "OSI Certified Open Source Software."
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or as a
component of an aggregate software distribution containing
programs from several different sources. No royalty or other fee is
required.2. Both Source Code and executable versions of the Licensed Product,
including Modifications made by previous Contributors, are
available for your use. (The terms "Licensed Product," "Modifications,"
"Contributors" and "Source Code" are defined in the License.)3. You are allowed to make Modifications to the Licensed Product, and you
can create Derivative Works from it. (The term "Derivative
Works" is defined in the License.)4. By accepting the Licensed Product under the provisions of this License,
you agree that any Modifications you make to the Licensed
Product and then distribute are governed by the provisions of this
License. In particular, you must make the Source Code of your
Modifications available to others.5. You may use the Licensed Product for any purpose, but the Licensor is
not providing you any warranty whatsoever, nor is the Licensor
accepting any liability in the event that the Licensed Product doesn't
work properly or causes you any injury or damages.6. If you sublicense the Licensed Product or Derivative Works, you may
charge fees for warranty or support, or for accepting indemnity
or liability obligations to your customers. You cannot charge for the
Source Code.7. If you assert any patent claims against the Licensor relating to the
Licensed Product, or if you breach any terms of the License, your
rights to the Licensed Product under this License automatically
terminate.
You may use this License to distribute your own Derivative Works, in which
case the provisions of this License will apply to your Derivative
Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other
OSI-approved Open Source license, or under a proprietary license of
your choice. If you use any license other than this License, however, you must
continue to fulfill the requirements of this License (including the
provisions relating to publishing the Source Code) for those portions of your
Derivative Works that consist of the Licensed Product, including
the files containing Modifications.
New versions of this License may be published from time to time. You may
choose to continue to use the license terms in this version of the
License or those from the new version. However, only the Licensor has the right
to change the License terms as they apply to the Licensed
Product.
This License relies on precise definitions for certain terms. Those terms are
defined when they are first used, and the definitions are repeated for
your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor.
Licensor
hereby grants you a world-wide, royalty-free, non-exclusive license, subject to
third
party intellectual property claims, to do the following:a. Use, reproduce, modify, display, perform, sublicense and
distribute Licensed Product or portions thereof (including
Modifications as hereinafter defined), in both Source Code or as
an executable program. "Source Code" means the preferred
form for making modifications to the Licensed Product, including
all modules contained therein, plus any associated
interface definition files, scripts used to control compilation
and installation of an executable program, or a list of
differential comparisons against the Source Code of the Licensed
Product.b. Create Derivative Works (as that term is defined under Dutch
copyright law) of Licensed Product by adding to or deleting
from the substance or structure of said Licensed Product.c. Under claims of patents now or hereafter owned or controlled
by Licensor, to make, use, sell, offer for sale, have made,
and/or otherwise dispose of Licensed Product or portions thereof,
but solely to the extent that any such claim is necessary to
enable you to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Licensed Product or portions thereof or
Derivative Works thereof.2. Grant of License to Modifications From
Contributor."Modifications" means any additions to or
deletions from the substance or
structure of (i) a file containing Licensed Product, or (ii) any new file
that contains any part of Licensed Product. Hereinafter in this
License, the term "Licensed Product" shall include all previous
Modifications that you receive from any Contributor. By
application of the provisions in Section 4(a) below, each person or
entity who created or contributed to the creation of, and distributed,
a Modification (a "Contributor") hereby grants you a world-wide,
royalty-free, non-exclusive license, subject to third party
intellectual property claims, to do the following:a. Use, reproduce, modify, display, perform, sublicense and
distribute any Modifications created by such Contributor or
portions thereof, in both Source Code or as an executable program,
either on an unmodified basis or as part of Derivative
Works.b. Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made,
and/or otherwise dispose of Modifications or portions thereof, but
solely to the extent that any such claim is necessary to
enable you to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof or
Derivative Works thereof.3. Exclusions From License Grant.
Nothing in
this License shall be deemed to grant any rights to trademarks, copyrights,
patents,
trade secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. No patent license is
granted separate from the Licensed Product, for code that you delete from
the Licensed Product, or for combinations of the Licensed
Product with other software or hardware. No right is granted to the
trademarks of Licensor or any Contributor even if such marks are
included in the Licensed Product. Nothing in this License shall be
interpreted to prohibit Licensor from licensing under different
terms from this License any code that Licensor otherwise would have a
right to license.4. Your Obligations Regarding Distribution.
a. Application of This License to Your
Modifications. As an express condition for your use of the Licensed
Product, you
hereby agree that any Modifications that you create or to which
you contribute, and which you distribute, are governed by the
terms of this License including, without limitation, Section 2.
Any Modifications that you create or to which you contribute
may be distributed only under the terms of this License or a
future version of this License released under Section 7. You must
include a copy of this License with every copy of the
Modifications you distribute. You agree not to offer or impose any
terms on any Source Code or executable version of the Licensed
Product or Modifications that alter or restrict the applicable
version of this License or the recipients' rights hereunder.
However, you may include an additional document offering the
additional rights described in Section 4(e).b. Availability of Source Code. You must make
available, under the terms of this License, the Source Code of the Licensed
Product and any Modifications that you distribute, either on the
same media as you distribute any executable or other form
of the Licensed Product, or via a mechanism generally accepted in
the software development community for the electronic
transfer of data (an "Electronic Distribution Mechanism"). The
Source Code for any version of Licensed Product or
Modifications that you distribute must remain available for at
least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version
of said Licensed Product or Modifications has been made
available. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.c. Description of Modifications. You must cause any
Modifications that you create or to which you contribute, and which
you distribute, to contain a file documenting the additions,
changes or deletions you made to create or contribute to those
Modifications, and the dates of any such additions, changes or
deletions. You must include a prominent statement that the
Modifications are derived, directly or indirectly, from the
Licensed Product and include the names of the Licensor and any
Contributor to the Licensed Product in (i) the Source Code and
(ii) in any notice displayed by a version of the Licensed
Product you distribute or in related documentation in which you
describe the origin or ownership of the Licensed Product.
You may not modify or delete any preexisting copyright notices in
the Licensed Product.d. Intellectual Property Matters.
i. Third Party Claims. If you have
knowledge that a license to a third party's intellectual property right is
required
to exercise the rights granted by this License, you must
include a text file with the Source Code distribution titled
"LEGAL" that describes the claim and the party making the
claim in sufficient detail that a recipient will know
whom to contact. If you obtain such knowledge after you make
any Modifications available as described in Section
4(b), you shall promptly modify the LEGAL file in all copies
you make available thereafter and shall take other
steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who
received the Licensed Product from you that new knowledge
has been obtained.ii. Contributor APIs. If your
Modifications include an application programming interface ("API") and you have
knowledge of patent licenses that are reasonably necessary
to implement that API, you must also include this
information in the LEGAL file.iii. Representations. You represent that,
except as disclosed pursuant to 4(d)(i) above, you believe that any
Modifications you distribute are your original creations and
that you have sufficient rights to grant the rights
conveyed by this License.e. Required Notices. You must duplicate this
License in any documentation you provide along with the Source Code of any
Modifications you create or to which you contribute, and which you
distribute, wherever you describe recipients' rights
relating to Licensed Product. You must duplicate the notice
contained in Exhibit A (the "Notice") in each file of the Source
Code of any copy you distribute of the Licensed Product. If you
created a Modification, you may add your name as a
Contributor to the Notice. If it is not possible to put the Notice
in a particular Source Code file due to its structure, then
you must include such Notice in a location (such as a relevant
directory file) where a user would be likely to look for such a
notice. You may choose to offer, and charge a fee for, warranty,
support, indemnity or liability obligations to one or more
recipients of Licensed Product. However, you may do so only on
your own behalf, and not on behalf of the Licensor or any
Contributor. You must make it clear that any such warranty,
support, indemnity or liability obligation is offered by you
alone, and you hereby agree to indemnify the Licensor and every
Contributor for any liability incurred by the Licensor or such
Contributor as a result of warranty, support, indemnity or
liability terms you offer.f. Distribution of Executable Versions. You may
distribute Licensed Product as an executable program under a license of
your choice that may contain terms different from this License
provided (i) you have satisfied the requirements of Sections
4(a) through 4(e) for that distribution, (ii) you include a
conspicuous notice in the executable version, related documentation
and collateral materials stating that the Source Code version of
the Licensed Product is available under the terms of this
License, including a description of how and where you have
fulfilled the obligations of Section 4(b), (iii) you retain all
existing copyright notices in the Licensed Product, and (iv) you
make it clear that any terms that differ from this License are
offered by you alone, not by Licensor or any Contributor. You
hereby agree to indemnify the Licensor and every Contributor
for any liability incurred by Licensor or such Contributor as a
result of any terms you offer.g. Distribution of Derivative Works. You may
create Derivative Works (e.g., combinations of some or all of the Licensed
Product with other code) and distribute the Derivative Works as
products under any other license you select, with the
proviso that the requirements of this License are fulfilled for
those portions of the Derivative Works that consist of the
Licensed Product or any Modifications thereto.5. Inability to Comply Due to Statute or
Regulation.If it is impossible for you to comply with any of
the terms of this License with
respect to some or all of the Licensed Product due to statute, judicial
order, or regulation, then you must (i) comply with the terms of
this License to the maximum extent possible, (ii) cite the statute or
regulation that prohibits you from adhering to the License, and
(iii) describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 4(d),
and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such
description must be sufficiently detailed for a recipient of ordinary
skill at computer programming to be able to understand it.6. Application of This License.
This License
applies to code to which Licensor or Contributor has attached the Notice in
Exhibit A,
which is incorporated herein by this reference.7. Versions of This License.
a. Version. The Motosoto Open Source License is
derived from the Jabber Open Source License. All changes are related to
applicable law and the location of court.b. New Versions. Licensor may publish from time to
time revised and/or new versions of the License.c. Effect of New Versions. Once Licensed Product
has been published under a particular version of the License, you may always
continue to use it under the terms of that version. You may also
choose to use such Licensed Product under the terms of any
subsequent version of the License published by Licensor. No one
other than Lic ensor has the right to modify the terms
applicable to Licensed Product created under this License.d. Derivative Works of this License. If you
create or use a modified version of this License, which you may do only in
order to
apply it to software that is not already a Licensed Product under
this License, you must rename your license so that it is not
confusingly similar to this License, and must make it clear that
your license contains terms that differ from this License. In
so naming your license, you may not use any trademark of Licensor
or any Contributor.8. Disclaimer of Warranty.
LICENSED PRODUCT IS
PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES
THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
LICENSED PRODUCT IS
WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU
(AND NOT THE LICENSOR OR
ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF LICENSED
PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.9. Termination.
a. Automatic Termination Upon Breach. This
license and the rights granted hereunder will terminate automatically if you
fail to comply with the terms herein and fail to cure such breach
within thirty (30) days of becoming aware of the breach.
All sublicenses to the Licensed Product that are properly granted
shall survive any termination of this license. Provisions
that, by their nature, must remain in effect beyond the
termination of this License, shall survive.b. Termination Upon Assertion of Patent
Infringement. If you initiate litigation by asserting a patent
infringement claim
(excluding declaratory judgment actions) against Licensor or a
Contributor (Licensor or Contributor against whom you file
such an action is referred to herein as "Respondent") alleging
that Licensed Product directly or indirectly infringes any
patent, then any and all rights granted by such Respondent to you
under Sections 1 or 2 of this License shall terminate
prospectively upon sixty (60) days notice from Respondent (the
"Notice Period") unless within that Notice Period you
either agree in writing (i) to pay Respondent a mutually agreeable
reasonably royalty for your past or future use of Licensed
Product made by such Respondent, or (ii) withdraw your litigation
claim with respect to Licensed Product against such
Respondent. If within said Notice Period a reasonable royalty and
payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn,
the rights granted by Licensor to you under Sections 1 and 2
automatically terminate at the expiration of said Notice
Period.c. Reasonable Value of This License. If you assert a
patent infringement claim against Respondent alleging that Licensed
Product directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the
reasonable value of the licenses granted by said Respondent under
Sections 1 and 2 shall be taken into account in determining the
amount or value of any payment or license.d. No Retroactive Effect of Termination. In the
event of termination under Sections 9(a) or 9(b) above, all end user license
agreements (excluding licenses to distributors and reselle rs)
that have been validly granted by you or any distributor
hereunder prior to termination shall survive
termination.10. Limitation of Liability.
UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY
CONTRIBUTOR, OR ANY
DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY
1. Definitions.
1.1. ''Contributor'' means each entity that creates or contributes
to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications
or the combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism
generally accepted in the software development community for the electronic
transfer of data.
1.5. ''Executable'' means Covered Code in any form other than
Source Code.
1.6. ''Initial Developer'' means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. ''Larger Work'' means a work which combines Covered Code
or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from
the substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification
is:
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A
as Original Code, and which, at the time of its release under this License
is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered
Code 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, or source code differential
comparisons against either the Original Code or another well known, available
Covered Code of the Contributor's choice. The Source Code can be in a compressed
or archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of the terms of,
this License or a future version of this License issued under Section 6.1.
For legal entities, "You'' includes any entity which controls, is controlled
by, or is under common control with You. For purposes of this definition,
"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 more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. Source Code License.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
(b) under Patents Claims infringed by the making, using or selling
of Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective
on the date Initial Developer first distributes Original Code under the
terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2) separate
from the Original Code; or 3) for infringements caused by: i) the
modification of the Original Code or ii) the combination of the Original
Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(b) under Patent Claims infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such combination),
to make, use, sell, offer for sale, have made, and/or otherwise dispose
of: 1) Modifications made by that Contributor (or portions thereof); and
2) the combination of Modifications made by that Contributor with
its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no
patent license is granted: 1) for any code that Contributor has deleted
from the Contributor Version; 2) separate from the Contributor
Version;
3) for infringements caused by: i) third party modifications of
Contributor
Version or ii) the combination of Modifications made by that Contributor
with other software (except as part of the Contributor Version) or
other devices; or 4) under Patent Claims infringed by Covered Code in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License either
on the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained
by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain
a file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that the
Modification is derived, directly or indirectly, from Original Code provided
by the Initial Developer and including the name of the Initial Developer
in (a) the Source Code, and (b) in any notice in an Executable version
or related documentation in which You describe the origin or ownership
of the Covered Code.
3.4. Intellectual Property Matters
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary
to implement that API, Contributor must also include this information in
the LEGAL file.
(c)
Representations.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code. If it is not possible to put such notice in a particular
Source Code file due to its structure, then You must include such notice
in a location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in Exhibit
A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so only
on Your own behalf, and not on behalf of the Initial Developer or any
Contributor.
You must make it absolutely clear than any such warranty, support, indemnity
or liability obligation is offered by You alone, and You hereby agree to
indemnify the Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements
of Section 3.1-3.5 have been met for that Covered Code, and if You
include a notice stating that the Source Code version of the Covered Code
is available under the terms of this License, including a description of
how and where You have fulfilled the obligations of Section 3.2.
The notice must be conspicuously included in any notice in an Executable
version, related documentation or collateral in which You describe recipients'
rights relating to the Covered Code. You may distribute the Executable
version of Covered Code or ownership rights under a license of Your choice,
which may contain terms different from this License, provided that You
are in compliance with the terms of this License and that the license for
the Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this License.
If You distribute the Executable version under a different license You
must make it absolutely clear that any terms which differ from this License
are offered by You alone, not by the Initial Developer or any Contributor.
You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor
as a result of any such terms You offer.
3.7. 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 such a case, You must make sure the requirements
of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
and the code they affect. Such description must be included in the LEGAL
file described in Section 3.4 and must be included with all distributions
of the Source Code. Except to the extent prohibited by statute or regulation,
such description must be sufficiently detailed for a recipient of ordinary
skill to be able to understand it.
5. Application of this License.
6. Versions of the License.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms of
any subsequent version of the License published by Netscape. No one other
than Netscape has the right to modify the terms applicable to Covered Code
created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you
may only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that the
phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL''
or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise
make it clear that Your version of the license contains terms which differ
from the Mozilla Public License and Netscape Public License. (Filling in
the name of the Initial Developer, Original Code or Contributor in the
notice described in Exhibit A shall not of themselves be deemed
to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
8. TERMINATION.
8.2. If You initiate litigation by asserting a patent
infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom You
file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or
indirectly infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License shall,
upon 60 days notice from Participant terminate prospectively, unless if
within 60 days after receipt of notice You either: (i) agree in writing
to pay Participant a mutually agreeable reasonable royalty for Your past
and future use of Modifications made by such Participant, or (ii) withdraw
Your litigation claim with respect to the Contributor Version against such
Participant. If within 60 days of notice, a reasonable royalty and
payment arrangement are not mutually agreed upon in writing by the parties
or the litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly infringes any
patent, then any rights granted to You by such Participant under Sections
2.1(b) and 2.2(b) are revoked effective as of the date You first made,
used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against
Participant alleging that such Participant's Contributor Version directly
or indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by such
Participant
under Sections 2.1 or 2.2 shall be taken into account in determining the
amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or
8.2 above, all end user license agreements (excluding distributors
and resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
10. U.S. GOVERNMENT END USERS.
11. MISCELLANEOUS.
This License shall be governed by California law provisions (except to
the extent applicable law, if any, provides otherwise), excluding its
conflict-of-law
provisions. With respect to disputes in which at least one party is a citizen
of, or an entity chartered or registered to do business in the United States
of America, any litigation relating to this License shall be subject to
the jurisdiction of the Federal Courts of the Northern District of California,
with venue lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and reasonable
attorneys' fees and expenses. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer
and Contributors to distribute such responsibility on an equitable basis.
Nothing herein is intended or shall be deemed to constitute any admission
of liability.
13. MULTIPLE-LICENSED CODE.
EXHIBIT A -Mozilla Public License.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the License for the specific language governing rights and
limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by
______________________ are Copyright (C) ______
_______________________.
All Rights
Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the [___] License), in which case the provisions
of [______] License are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms
of the [____] License and not to allow others to use your version of this
file under the MPL, indicate your decision by deleting the provisions
above and replace them with the notice and other provisions required
by the [___] License. If you do not delete the provisions above,
a recipient may use your version of this file under either the MPL or the
[___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text
of the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the Original
Code Source Code for Your Modifications.]
Historical Background
This edition of the Multics software materials and documentation is
provided and donated to Massachusetts Institute of Technology by Group
BULL including BULL HN Information Systems Inc. as a contribution to
computer science knowledge. This donation is made also to give evidence
of the common contributions of Massachusetts Institute of Technology,
Bell Laboratories, General Electric, Honeywell Information Systems
Inc., Honeywell BULL Inc., Groupe BULL and BULL HN Information Systems
Inc. to the development of this operating system. Multics development
was initiated by Massachusetts Institute of Technology Project MAC
(1963-1970), renamed the MIT Laboratory for Computer Science and
Artificial Intelligence in the mid 1970s, under the leadership of
Professor Fernando Jose Corbato. Users consider that Multics provided the
best software architecture for managing computer hardware properly and
for executing programs. Many subsequent operating systems incorporated
Multics principles. Multics was distributed in 1975 to 2000 by Group
Bull in Europe , and in the U.S. by Bull HN Information Systems Inc., as
successor in interest by change in name only to Honeywell Bull Inc. and
Honeywell Information Systems Inc. .
-----------------------------------------------------------
Permission to use, copy, modify, and distribute these programs and their
documentation for any purpose and without fee is hereby granted,provided
that the below copyright notice and historical background appear in all
copies and that both the copyright notice and historical background and
this permission notice appear in supporting documentation, and that
the names of MIT, HIS, BULL or BULL HN not be used in advertising or
publicity pertaining to distribution of the programs without specific
prior written permission.
Copyright 1972 by Massachusetts Institute of Technology and Honeywell Information
Systems Inc.
Copyright 2006 by BULL HN Information Systems Inc.
Copyright 2006 by Bull SAS
All Rights Reserved
Government Agency: _____________________________________
Government Agency Original Software Designation: ______________
Government Agency Original Software Title: ____________________
User Registration Requested. Please Visit http://__________________
Government Agency Point of Contact for Original Software: ___________________
________________________________________________
1. DEFINITIONS
A. "Contributor" means Government Agency, as the developer of the
Original Software, and any entity that makes a Modification.
B. "Covered Patents" mean patent claims licensable by a Contributor
that are necessarily infringed by the use or sale of its Modification
alone or when combined with the Subject Software.
C. "Display" means the showing of a copy of the Subject Software,
either directly or by means of an image, or any other device.
D. "Distribution" means conveyance or transfer of the Subject
Software, regardless of means, to another.
E. "Larger Work" means computer software that combines Subject
Software, or portions thereof, with software separate from the Subject
Software that is not governed by the terms of this Agreement.
F. "Modification" means any alteration of, including addition to or
deletion from, the substance or structure of either the Original
Software or Subject Software, and includes derivative works, as that
term is defined in the Copyright Statute, 17 USC 101. However, the
act of including Subject Software as part of a Larger Work does not in
and of itself constitute a Modification.
G. "Original Software" means the computer software first released
under this Agreement by Government Agency with Government Agency
designation ______________ and entitled
_____________________________________________, including source code,
object code and accompanying documentation, if any.
H. "Recipient" means anyone who acquires the Subject Software under
this Agreement, including all Contributors.
I. "Redistribution" means Distribution of the Subject Software after a
Modification has been made.
J. "Reproduction" means the making of a counterpart, image or copy of
the Subject Software.
K. "Sale" means the exchange of the Subject Software for money or
equivalent value.
L. "Subject Software" means the Original Software, Modifications, or
any respective parts thereof.
M. "Use" means the application or employment of the Subject Software
for any purpose.
2. GRANT OF RIGHTS
A. Under Non-Patent Rights: Subject to the terms and conditions of
this Agreement, each Contributor, with respect to its own contribution
to the Subject Software, hereby grants to each Recipient a
non-exclusive, world-wide, royalty-free license to engage in the
following activities pertaining to the Subject Software:
1. Use
2. Distribution
3. Reproduction
4. Modification
5. Redistribution
6. Display
B. Under Patent Rights: Subject to the terms and conditions of this
Agreement, each Contributor, with respect to its own contribution to
the Subject Software, hereby grants to each Recipient under Covered
Patents a non-exclusive, world-wide, royalty-free license to engage in
the following activities pertaining to the Subject Software:
1. Use
2. Distribution
3. Reproduction
4. Sale
5. Offer for Sale
C. The rights granted under Paragraph B. also apply to the combination
of a Contributor's Modification and the Subject Software if, at the
time the Modification is added by the Contributor, the addition of
such Modification causes the combination to be covered by the Covered
Patents. It does not apply to any other combinations that include a
Modification.
D. The rights granted in Paragraphs A. and B. allow the Recipient to
sublicense those same rights. Such sublicense must be under the same
terms and conditions of this Agreement.
3. OBLIGATIONS OF RECIPIENT
A. Distribution or Redistribution of the Subject Software must be made
under this Agreement except for additions covered under paragraph 3H.
1. Whenever a Recipient distributes or redistributes the Subject
Software, a copy of this Agreement must be included with each copy
of the Subject Software; and
2. If Recipient distributes or redistributes the Subject Software in
any form other than source code, Recipient must also make the
source code freely available, and must provide with each copy of
the Subject Software information on how to obtain the source code
in a reasonable manner on or through a medium customarily used for
software exchange.
B. Each Recipient must ensure that the following copyright notice
appears prominently in the Subject Software:
[Government Agency will insert the applicable copyright notice in each
agreement accompanying the initial distribution of original software
and remove this bracketed language.]
[The following copyright notice will be used if created by a
contractor pursuant to Government Agency contract and rights obtained
from creator by assignment. Government Agency will insert the year
and its Agency designation and remove the bracketed language.]
Copyright " {YEAR} United States Government as represented by ______
_________________________. All Rights Reserved.
[The following copyright notice will be used if created by civil
servants only. Government Agency will insert the year and its Agency
designation and remove the bracketed language.] Copyright " {YEAR}
United States Government as represented by _____________
_____________________________. No copyright is claimed in the United
States under Title 17, U.S.Code. All Other Rights Reserved.
C. Each Contributor must characterize its alteration of the Subject
Software as a Modification and must identify itself as the originator
of its Modification in a manner that reasonably allows subsequent
Recipients to identify the originator of the Modification. In
fulfillment of these requirements, Contributor must include a file
(e.g., a change log file) that describes the alterations made and the
date of the alterations, identifies Contributor as originator of the
alterations, and consents to characterization of the alterations as a
Modification, for example, by including a statement that the
Modification is derived, directly or indirectly, from Original
Software provided by Government Agency. Once consent is granted, it
may not thereafter be revoked.
D. A Contributor may add its own copyright notice to the Subject
Software. Once a copyright notice has been added to the Subject
Software, a Recipient may not remove it without the express permission
of the Contributor who added the notice.
E. A Recipient may not make any representation in the Subject Software
or in any promotional, advertising or other material that may be
construed as an endorsement by Government Agency or by any prior
Recipient of any product or service provided by Recipient, or that may
seek to obtain commercial advantage by the fact of Government Agency's
or a prior Recipient's participation in this Agreement.
F. In an effort to track usage and maintain accurate records of the
Subject Software, each Recipient, upon receipt of the Subject
Software, is requested to register with Government Agency by visiting
the following website: ______________________________. Recipient's
name and personal information shall be used for statistical purposes
only. Once a Recipient makes a Modification available, it is requested
that the Recipient inform Government Agency at the web site provided
above how to access the Modification.
[Alternative paragraph for use when a web site for release and
monitoring of subject software will not be supported by releasing
Government Agency] In an effort to track usage and maintain accurate
records of the Subject Software, each Recipient, upon receipt of the
Subject Software, is requested to provide Government Agency, by e-mail
to the Government Agency Point of Contact listed in clause 5.F., the
following information: ______________________________. Recipient's
name and personal information shall be used for statistical purposes
only. Once a Recipient makes a Modification available, it is requested
that the Recipient inform Government Agency, by e-mail to the
Government Agency Point of Contact listed in clause 5.F., how to
access the Modification.
G. Each Contributor represents that that its Modification is believed
to be Contributor's original creation and does not violate any
existing agreements, regulations, statutes or rules, and further that
Contributor has sufficient rights to grant the rights conveyed by this
Agreement.
H. A Recipient may choose to offer, and to charge a fee for, warranty,
support, indemnity and/or liability obligations to one or more other
Recipients of the Subject Software. A Recipient may do so, however,
only on its own behalf and not on behalf of Government Agency or any
other Recipient. Such a Recipient must make it absolutely clear that
any such warranty, support, indemnity and/or liability obligation is
offered by that Recipient alone. Further, such Recipient agrees to
indemnify Government Agency and every other Recipient for any
liability incurred by them as a result of warranty, support, indemnity
and/or liability offered by such Recipient.
I. A Recipient may create a Larger Work by combining Subject Software
with separate software not governed by the terms of this agreement and
distribute the Larger Work as a single product. In such case, the
Recipient must make sure Subject Software, or portions thereof,
included in the Larger Work is subject to this Agreement.
J. Notwithstanding any provisions contained herein, Recipient is
hereby put on notice that export of any goods or technical data from
the United States may require some form of export license from the
U.S. Government. Failure to obtain necessary export licenses may
result in criminal liability under U.S. laws. Government Agency
neither represents that a license shall not be required nor that, if
required, it shall be issued. Nothing granted herein provides any
such export license.
4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE
WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM
INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR
FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO
THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER,
CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT
OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY
OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE.
FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES
REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE,
AND DISTRIBUTES IT "AS IS."
B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS
AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF
THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES,
EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM
PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT
SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED
STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE
REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL
TERMINATION OF THIS AGREEMENT.
5. GENERAL TERMS
A. Termination: This Agreement and the rights granted hereunder will
terminate automatically if a Recipient fails to comply with these
terms and conditions, and fails to cure such noncompliance within
thirty (30) days of becoming aware of such noncompliance. Upon
termination, a Recipient agrees to immediately cease use and
distribution of the Subject Software. All sublicenses to the Subject
Software properly granted by the breaching Recipient shall survive any
such termination of this Agreement.
B. Severability: If any provision of this Agreement is invalid or
unenforceable under applicable law, it shall not affect the validity
or enforceability of the remainder of the terms of this Agreement.
C. Applicable Law: This Agreement shall be subject to United States
federal law only for all purposes, including, but not limited to,
determining the validity of this Agreement, the meaning of its
provisions and the rights, obligations and remedies of the parties.
D. Entire Understanding: This Agreement constitutes the entire
understanding and agreement of the parties relating to release of the
Subject Software and may not be superseded, modified or amended except
by further written agreement duly executed by the parties.
E. Binding Authority: By accepting and using the Subject Software
under this Agreement, a Recipient affirms its authority to bind the
Recipient to all terms and conditions of this Agreement and that that
Recipient hereby agrees to all terms and conditions herein.
F. Point of Contact: Any Recipient contact with Government Agency is
to be directed to the designated representative as follows:
___________________________________________________________.
Copyright (c) (CopyrightHoldersName) (From 4-digit-year)-(To 4-digit-year)
Permission to use, copy, modify, and distribute this software and its documentation for any purpose with or without fee is hereby granted, provided that the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the name (TrademarkedName) not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. (TrademarkedName) makes no representations about the suitability this software for any purpose. It is provided "as is" without express or implied warranty.
This software is Copyright (c) NAUMEN (tm) and Contributors.
All rights reserved.
Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the following
conditions are met:
1. Redistributions in source code must retain the above
copyright notice, this list of conditions, and the following
disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions, and the following
disclaimer in the documentation and/or other materials
provided with the distribution.
3. The name NAUMEN (tm) must not be used to
endorse or promote products derived from this software without prior
written permission from NAUMEN.
4. The right to distribute this software or to use it for any
purpose does not give you the right to use Servicemarks (sm)
or Trademarks (tm) of NAUMEN.
5. If any files originating from NAUMEN or Contributors are modified, you must
cause the modified files to carry prominent notices stating
that you changed the files and the date of any change.
Disclaimer:
THIS SOFTWARE IS PROVIDED BY NAUMEN "AS IS" AND ANY EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL NAUMEN
OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
This software consists of contributions made by NAUMEN
and Contributors. Specific attributions are listed in the
accompanying credits file.
Everyone is permitted to copy and distribute verbatim copies of this
license, but changing it is not allowed. You can also use this wording to
make the terms for other programs.
The license agreements of most software companies keep you at the mercy of
those companies. By contrast, our general public license is intended to give
everyone the right to share NetHack. To make sure that you get the rights we
want you to have, we need to make restrictions that forbid anyone to deny you
these rights or to ask you to surrender the rights. Hence this license
agreement.
Specifically, we want to make sure that you have the right to give away
copies of NetHack, that you receive source code or else can get it if you
want it, that you can change NetHack or use pieces of it in new free
programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to
deprive anyone else of these rights. For example, if you distribute copies
of NetHack, you must give the recipients all the rights that you have. You
must make sure that they, too, receive or can get the source code. And you
must tell them their rights.
Also, for our own protection, we must make certain that everyone finds out
that there is no warranty for NetHack. If NetHack is modified by someone
else and passed on, we want its recipients to know that what they have is
not what we distributed.
Therefore we (Mike Stephenson and other holders of NetHack copyrights) make
the following terms which say what you must do to be allowed to distribute or
change NetHack.
a) cause the modified files to carry prominent notices stating that you
changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish, that in
whole or in part contains or is a derivative of NetHack or any part
thereof, to be licensed at no charge to all third parties on terms
identical to those contained in this License Agreement (except that you
may choose to grant more extensive warranty protection to some or all
third parties, at your option)
c) You may charge a distribution fee for the physical act of
transferring a copy, and you may at your option offer warranty protection
in exchange for a fee.
a) accompany it with the complete machine-readable source code, which
must be distributed under the terms of Paragraphs 1 and 2 above; or,
b) accompany it with full information as to how to obtain the complete
machine-readable source code from an appropriate archive site. (This
alternative is allowed only for noncommercial distribution.)
For these purposes, complete source code means either the full source
distribution as originally released over Usenet or updated copies of the
files in this distribution used to create the object code or
executable.
Stated plainly: You are permitted to modify NetHack, or otherwise use parts
of NetHack, provided that you comply with the conditions specified above;
in particular, your modified NetHack or program containing parts of NetHack
must remain freely available as provided in this License Agreement. In
other words, go ahead and share NetHack, but don't try to stop anyone else
from sharing it farther.
The following is a BSD license template. To generate your own license, change the values of OWNER, ORGANIZATION and YEAR from their original values as given here, and substitute your own. Also, you may optionally omit clause 3 and still be OSD conformant.
Note: On January 9th, 2008 the OSI Board approved the "Simplified BSD License" variant used by FreeBSD and others, which omits the final "no-endorsement" clause and is thus roughly equivalent to the MIT License.
Historical Note: The original license used on BSD Unix had four clauses. The advertising clause (the third of four clauses) required you to acknowledge use of U.C. Berkeley code in your advertising of any product using that code. It was officially rescinded by the Director of the Office of Technology Licensing of the University of California on July 22nd, 1999. He states that clause 3 is "hereby deleted in its entirety." The four clause license has not been approved by OSI. The license below does not contain the advertising clause.
This prelude is not part of the license.
<OWNER> = Regents of the University of California
<ORGANIZATION> = University of California, Berkeley
<YEAR> = 1998
In the original BSD license, both occurrences of the phrase "COPYRIGHT HOLDERS AND CONTRIBUTORS" in the disclaimer read "REGENTS AND CONTRIBUTORS".
Here is the license template:
Copyright (c) <YEAR>, <OWNER>
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1. DEFINITIONS.
"Affiliates" of a party shall mean an entity
a) which is directly or indirectly controlling such party;
b) which is under the same direct or indirect ownership or control
as such party; or
c) which is directly or indirectly owned or controlled by such party.
For these purposes, an entity shall be treated as being controlled
by another if that other entity has fifty percent (50%) or more of the
votes in such entity, is able to direct its affairs and/or to control the
composition of its board of directors or equivalent body.
"Commercial Use" shall mean distribution or otherwise making
the Covered Software available to a third party.
''Contributor'' shall mean each entity that creates or contributes
to the creation of Modifications.
''Contributor Version'' shall mean in case of any Contributor
the combination of the Original Software, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor
and in case of Nokia in addition the Original Software in any form, including
the form as Exceutable.
''Covered Software'' shall mean the Original Software or Modifications
or the combination of the Original Software and Modifications, in each
case including portions thereof.
''Electronic Distribution Mechanism'' shall mean a mechanism
generally accepted in the software development community for the electronic
transfer of data.
''Executable'' shall mean Covered Software in any form other
than Source Code.
''Nokia'' shall mean Nokia Corporation and its Affiliates.
''Larger Work'' shall mean a work, which combines Covered Software
or portions thereof with code not governed by the terms of this License.
''License'' shall mean this document.
"Licensable" shall mean having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
''Modifications'' shall mean any addition to or deletion from
the substance or structure of either the Original Software or any previous
Modifications. When Covered Software is released as a series of files,
a Modification is:
a) Any addition to or deletion from the contents of a file containing
Original Software or previous Modifications.
b) Any new file that contains any part of the Original Software or
previous Modifications.
''Original Software'' shall mean the Source Code of computer
software code which is described in the Source Code notice required by
Exhibit A as Original Software, and which, at the time of its release under
this License is not already Covered Software governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned
or hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
''Source Code'' shall mean the preferred form of the Covered
Software 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, or source code differential
comparisons against either the Original Software or another well known,
available Covered Software of the Contributor's choice. The Source Code
can be in a compressed or archival form, provided the appropriate decompression
or de-archiving software is widely available for no charge.
"You'' (or "Your") shall mean an individual or a legal
entity exercising rights under, and complying with all of the terms of,
this License or a future version of this License issued under Section 6.1.
For legal entities, "You'' includes Affiliates of such entity.
2. SOURCE CODE LICENSE.
2.1 Nokia Grant.
Subject to the terms of this License, Nokia hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims:
a) under copyrights Licensable by Nokia to use, reproduce, modify,
display, perform, sublicense and distribute the Original Software (or portions
thereof) with or without Modifications, and/or as part of a Larger Work;
b) and under Patents Claims necessarily infringed by the making, using
or selling of Original Software, to make, have made, use, practice, sell,
and offer for sale, and/or otherwise dispose of the Original Software (or
portions thereof).
c) The licenses granted in this Section 2.1(a) and (b) are effective
on the date Nokia first distributes Original Software under the terms of
this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Software; 2) separate from
the Original Software; or 3) for infringements caused by: i) the modification
of the Original Software or ii) the combination of the Original Software
with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and subject to third party intellectual
property claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license
a) under copyrights Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications created by
such Contributor (or portions thereof) either on an unmodified basis, with
other Modifications, as Covered Software and/or as part of a Larger Work;
and
b) under Patent Claims necessarily infringed by the making, using,
or selling of Modifications made by that Contributor either alone and/or
in combination with its Contributor Version (or portions of such combination),
to make, use, sell, offer for sale, have made, and/or otherwise dispose
of: 1) Modifications made by that Contributor (or portions thereof); and
2) the combination of Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered Software.
d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version; 3) for infringements caused by:
i) third party modifications of Contributor Version or ii) the combination
of Modifications made by that Contributor with other software (except as
part of the Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Software in the absence of Modifications made by that
Contributor.
3. DISTRIBUTION OBLIGATIONS.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section 2.2.
The Source Code version of Covered Software may be distributed only under
the terms of this License or a future version of this License released
under Section 6.1, and You must include a copy of this License with every
copy of the Source Code You distribute. You may not offer or impose any
terms on any Source Code version that alters or restricts the applicable
version of this License or the recipients' rights hereunder. However, You
may include an additional document offering the additional rights described
in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License either
on the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained
by a third party.
3.3 Description of Modifications.
You must cause all Covered Software to which You contribute to contain
a file documenting the changes You made to create that Covered Software
and the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original Software
provided by Nokia and including the name of Nokia in (a) the Source Code,
and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Software.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the
Source Code distribution titled "LEGAL'' which describes the claim and
the party making the claim in sufficient detail that a recipient will know
whom to contact. If Contributor obtains such knowledge after the Modification
is made available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available thereafter
and shall take other steps (such as notifying appropriate mailing lists
or newsgroups) reasonably calculated to inform those who received the Covered
Software that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary
to implement that API, Contributor must also include this information in
the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights
to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source Code
file due to its structure, then You must include such notice in a location
(such as a relevant directory) where a user would be likely to look for
such a notice. If You created one or more Modification(s) You may add your
name as a Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code where You
describe recipients' rights or ownership rights relating to Covered Software.
You may choose to offer, and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Software.
However, You may do so only on Your own behalf, and not on behalf of Nokia
or any Contributor. You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You alone, and
You hereby agree to indemnify Nokia and every Contributor for any liability
incurred by Nokia or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Software in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Software,
and if You include a notice stating that the Source Code version of the
Covered Software is available under the terms of this License, including
a description of how and where You have fulfilled the obligations of Section
3.2. The notice must be conspicuously included in any notice in an Executable
version, related documentation or collateral in which You describe recipients'
rights relating to the Covered Software. You may distribute the Executable
version of Covered Software or ownership rights under a license of Your
choice, which may contain terms different from this License, provided that
You are in compliance with the terms of this License and that the license
for the Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this License.
If You distribute the Executable version under a different license You
must make it absolutely clear that any terms which differ from this License
are offered by You alone, not by Nokia or any Contributor. You hereby agree
to indemnify Nokia and every Contributor for any liability incurred by
Nokia or such Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Software with other
software not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the requirements
of this License are fulfilled for the Covered Software.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to statute,
judicial order, or regulation then You must: (a) comply with the terms
of this License to the maximum extent possible; and (b) describe the limitations
and the code they affect. Such description must be included in the LEGAL
file described in Section 3.4 and must be included with all distributions
of the Source Code.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able
to understand it.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which Nokia has attached the notice
in Exhibit A and to related Covered Software.
6. VERSIONS OF THE LICENSE.
6.1 New Versions.
Nokia may publish revised and/or new versions of the License from time
to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Software has been published under a particular version
of the License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Software under the terms
of any subsequent version of the License published by Nokia. No one other
than Nokia has the right to modify the terms applicable to Covered Software
created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS
OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within
30 days of becoming aware of the breach. All sublicenses to the Covered
Software which are properly granted shall survive any termination of this
License. Provisions which, by their nature, must remain in effect beyond
the termination of this License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Nokia or a Contributor (Nokia
or Contributor against whom You file such action is referred to as "Participant")
alleging that:
a) such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively, unless if within 60 days after
receipt of notice You either: (i) agree in writing to pay Participant a
mutually agreeable reasonable royalty for Your past and future use of Modifications
made by such Participant, or (ii) withdraw Your litigation claim with respect
to the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not mutually
agreed upon in writing by the parties or the litigation claim is not withdrawn,
the rights granted by Participant to You under Sections 2.1 and/or 2.2
automatically terminate at the expiration of the 60 day notice period specified
above.
b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b) and
2.2(b) are revoked effective as of the date You first made, used, sold,
distributed, or had made, Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or
2.2 shall be taken into account in determining the amount or value of any
payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or any distributor hereunder prior to
termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), C