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1 <      Initial Developer's PUBLIC LICENSE
2 <               Version 1.0
3 <
4 <   1. Definitions
5 <
6 <      1.0 "Commercial Use" means distribution or otherwise making the Covered
7 <      Code available to a third party.
8 <
9 <      1.1 ''Contributor'' means each entity that creates or contributes to the
10 <      creation of Modifications.
11 <
12 <      1.2 ''Contributor Version'' means the combination of the Original Code, prior
13 <      Modifications used by a Contributor, and the Modifications made by that
14 <      particular Contributor.
15 <
16 <      1.3. ''Covered Code'' means the Original Code or Modifications or the
17 <      combination of the Original Code and Modifications, in each case including
18 <      portions thereof.
19 <
20 <      1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
21 <      accepted in the software development community for the electronic transfer of
22 <      data.
23 <
24 <      1.5. ''Executable'' means Covered Code in any form other than Source Code.
25 <
26 <      1.6. ''Initial Developer'' means the individual or entity identified as the Initial
27 <      Developer in the Source Code notice required by Exhibit A.
28 <
29 <      1.7. ''Larger Work'' means a work which combines Covered Code or portions
30 <      thereof with code not governed by the terms of this License.
31 <
32 <      1.8. ''License'' means this document.
33 <
34 <         1.8.1. "Licensable" means having the right to grant, to the maximum
35 <         extent possible, whether at the time of the initial grant or subsequently
36 <         acquired, any and all of the rights conveyed herein.
37 <
38 <      1.9. ''Modifications'' means any addition to or deletion from the substance or
39 <      structure of either the Original Code or any previous Modifications. When
40 <      Covered Code is released as a series of files, a Modification is:
41 <
42 <         Any addition to or deletion from the contents of a file containing Original
43 <         Code or previous Modifications.
44 <
45 <         Any new file that contains any part of the Original Code or previous
46 <         Modifications.
47 <
48 <      1.10. ''Original Code'' means Source Code of computer software code which
49 <      is described in the Source Code notice required by Exhibit A as Original Code,
50 <      and which, at the time of its release under this License is not already Covered
51 <      Code governed by this License.
52 <
53 <         1.10.1. "Patent Claims" means any patent claim(s), now owned or
54 <         hereafter acquired, including without limitation, method, process, and
55 <         apparatus claims, in any patent Licensable by grantor.
56 <
57 <      1.11. ''Source Code'' means the preferred form of the Covered Code for
58 <      making modifications to it, including all modules it contains, plus any associated
59 <      interface definition files, scripts used to control compilation and installation of
60 <      an Executable, or source code differential comparisons against either the
61 <      Original Code or another well known, available Covered Code of the
62 <      Contributor's choice. The Source Code can be in a compressed or archival
63 <      form, provided the appropriate decompression or de-archiving software is
64 <      widely available for no charge.
65 <
66 <      1.12. "You'' (or "Your") means an individual or a legal entity exercising rights
67 <      under, and complying with all of the terms of, this License or a future version
68 <      of this License issued under Section 6.1. For legal entities, "You'' includes any
69 <      entity w hich controls, is controlled by, or is under common control with You.
70 <      For purposes of this definition, "control'' means (a) the power, direct or
71 <      indirect, to cause the direction or management of such entity, whether by
72 <      contract or otherwise, or (b) ownership of more than fifty percent (50%) of
73 <      the outstanding shares or beneficial ownership of such entity.
74 <
75 <
76 <   2. Source Code License.
77 <
78 <
79 <   2.1. The Initial Developer Grant. The Initial Developer hereby grants You a
80 <   world-wide, royalty-free, non-exclusive license, subject to third party intellectual
81 <   property claims:
82 <
83 <      (a) under intellectual property rights (other than patent or trademark)
84 <      Licensable by Initial Developer to use, reproduce, modify, display, perform,
85 <      sublicense and distribute the Original Code (or portions thereof) with or without
86 <      Modifications, and/or as part of a Larger Work; and
87 <
88 <      (b) under Patents Claims infringed by the making, using or selling of Original
89 <      Code, to make, have made, use, practice, sell, and offer for sale, and/or
90 <      otherwise dispose of the Original Code (or portions thereof).
91 <      (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
92 <      Initial Developer first distributes Original Code under the terms of this License.
93 <
94 <      d) Notwithstanding Section 2.1(b) above, no patent license is granted:
95 <
96 <         1) for code that You delete from the Original Code;
97 <
98 <         2) separate from the Original Code; or
99 <
100 <         3) for infringements caused by:
101 <
102 <            i) the modification of the Original Code or
103 <
104 <            ii) the combination of the Original Code with other software or
105 <            devices.
106 <
107 <   2.2. Contributor Grant. Subject to third party intellectual property claims, each
108 <   Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
109 <
110 <      (a) under intellectual property rights (other than patent or trademark)
111 <      Licensable by Contributor, to use, reproduce, modify, display, perform,
112 <      sublicense and distribute the Modifications created by such Contributor (or
113 <      portions thereof) either on an unmodified basis, with other Modifications, as
114 <      Covered Code and/or as part of a Larger Work; and
115 <
116 <      (b) under Patent Claims infringed by the making, using, or selling of
117 <      Modifications made by that Contributor either alone and/or in combination with
118 <      its Contributor Version (or portions of such combination), to make, use, sell,
119 <      offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
120 <      by that Contributor (or portions thereof); and 2) the combination of
121 <      Modifications made by that Contributor with its Contributor Version (or portions
122 <      of such combination).
123 <
124 <      (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
125 <      Contributor first makes Commercial Use of the Covered Code.
126 <
127 <      (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
128 <
129 <         1) for any code that Contributor has deleted from the Contributor
130 <         Version;
131 <
132 <         2) separate from the Contributor Version;
133 <
134 <         3) for infringements caused by:
135 <
136 <         i) third party modifications of Contributor Version or
137 <
138 <            ii) the combination of Modifications made by that Contributor with
139 <            other software (except as part of the Contributor Version) or
140 <            other devices; or
141 <
142 <         4) under Patent Claims infringed by Covered Code in the absence of
143 <         Modifications made by that Contributor.
144 <
145 <
146 <   3. Distribution Obligations.
147 <
148 <
149 <      3.1. Application of License. The Modifications which You create or to which
150 <      You contribute are governed by the terms of this License, including without
151 <      limitation Section 2.2. The Source Code version of Covered Code may be
152 <      distributed only under the terms of this License or a future version of this
153 <      License released under Section 6.1, and You must include a copy of this
154 <      License with every copy of the Source Code You distribute. You may not offer
155 <      or impose any terms on any Source Code version that alters or restricts the
156 <      applicable version of this License or the recipients' rights hereunder. However,
157 <      You may include an additional document offering the additional rights described
158 <      in Section 3.5.
159 <
160 <
161 <      3.2. Availability of Source Code. Any Modification which You create or to
162 <      which You contribute must be made available in Source Code form under the
163 <      terms of this License either on the same media as an Executable version or via
164 <      an accepted Electronic Distribution Mechanism to anyone to whom you made
165 <      an Executable version available; and if made available via Electronic Distribution
166 <      Mechanism, must remain available for at least twelve (12) months after the
167 <      date it initially became available, or at least six (6) months after a subsequent
168 <      version of that particular Modification has been made available to such
169 <      recipients. You are responsible for ensuring that the Source Code version
170 <      remains available even if the Electronic Distribution Mechanism is maintained by
171 <      a third party.
172 <
173 <
174 <      3.3. Description of Modifications. You must cause all Covered Code to
175 <      which You contribute to contain a file documenting the changes You made to
176 <      create that Covered Code and the date of any change. You must include a
177 <      prominent statement that the Modification is derived, directly or indirectly, from
178 <      Original Code provided by the Initial Developer and including the name of the
179 <      Initial Developer in
180 <
181 <         (a) the Source Code, and
182 <
183 <         (b) in any notice in an Executable version or related documentation in
184 <         which You describe the origin or ownership of the Covered Code.
185 <
186 <
187 <      3.4. Intellectual Property Matters
188 <
189 <         a) Third Party Claims. If Contributor has knowledge that a license under
190 <         a third party's intellectual property rights is required to exercise the
191 <         rights granted by such Contributor under Sections 2.1 or 2.2,
192 <         Contributor must include a text file with the Source Code distribution
193 <         titled "LEGAL'' which describes the claim and the party making the claim
194 <         in sufficient detail that a recipient will know whom to contact. If
195 <         Contributor obtains such knowledge after the Modification is made
196 <         available as described in Section 3.2, Contributor shall promptly modify
197 <         the LEGAL file in all copies Contributor makes available thereafter and
198 <         shall take other steps (such as notifying appropriate mailing lists or
199 <         newsgroups) reasonably calculated to inform those who received the
200 <         Covered Code that new knowledge has been obtained.
201 <
202 <         (b) Contributor APIs. If Contributor's Modifications include an application
203 <         programming interface and Contributor has knowledge of patent
204 <         licenses which are reasonably necessary to implement that API,
205 <         Contributor must also include this information in the LEGAL file.
206 <
207 <
208 <         (c) Representations. Contributor represents that, except as disclosed
209 <         pursuant to Section 3.4(a) above, Contributor believes that Contributor's
210 <         Modifications are Contributor's original creation(s) and/or Contributor
211 <         has sufficient rights to grant the rights conveyed by this License.
212 <
213 <
214 <      3.5. Required Notices. You must duplicate the notice in Exhibit A in each file
215 <      of the Source Code. If it is not possible to put such notice in a particular Source
216 <      Code file due to its structure, then You must include such notice in a location
217 <      (such as a relevant directory) where a user would be likely to look for such a
218 <      notice. If You created one or more Modification(s) You may add your name as
219 <      a Contributor to the notice described in Exhibit A. You must also duplicate this
220 <      License in any documentation for the Source Code where You describe
221 <      recipients' rights or ownership rights relating to Covered Code. You may
222 <      choose to offer, and to charge a fee for, warranty, support, indemnity or
223 <      liability obligations to one or more recipients of Covered Code. However, You
224 <      may do so only on Your own behalf, and not on behalf of the Initial Developer
225 <      or any Contributor. You must make it absolutely clear than any such warranty,
226 <      support, indemnity or liability obligation is offered by You alone, and You
227 <      hereby agree to indemnify the Initial Developer and every Contributor for any
228 <      liability incurred by the Initial Developer or such Contributor as a result of
229 <      warranty, support, indemnity or liability terms You offer.
230 <
231 <
232 <      3.6. Distribution of Executable Versions. You may distribute Covered
233 <      Code in Executable form only if the requirements of Section 3.1-3.5 have been
234 <      met for that Covered Code, and if You include a notice stating that the Source
235 <      Code version of the Covered Code is available under the terms of this License,
236 <      including a description of how and where You have fulfilled the obligations of
237 <      Section 3.2. The notice must be conspicuously included in any notice in an
238 <      Executable version, related documentation or collateral in which You describe
239 <      recipients' rights relating to the Covered Code. You may distribute the
240 <      Executable version of Covered Code or ownership rights under a license of
241 <      Your choice, which may contain terms different from this License, provided
242 <      that You are in compliance with the terms of this License and hat the license
243 <      for the Executable version does not attempt to limit or alter the recipient's rights
244 <      in the Source Code version from the rights set forth in this License. If You
245 <      distribute the Executable version under a different license You must make it
246 <      absolutely clear that any terms which differ from this License are offered by
247 <      You alone, not by the Initial Developer or any Contributor. You hereby agree to
248 <      indemnify the Initial Developer and every Contributor for any liability incurred by
249 <      the Initial Developer or such Contributor as a result of any such terms You
250 <      offer.
251 <
252 <
253 <      3.7. Larger Works. You may create a Larger Work by combining Covered
254 <      Code with other code not governed by the terms of this License and distribute
255 <      the Larger Work as a single product. In such a case, You must make sure the
256 <      requirements of this License are fulfilled for the Covered Code.
257 <
258 <
259 <   4. Inability to Comply Due to Statute or Regulation.
260 <
261 <    
262 <
263 <   If it is impossible for You to comply with any of the terms of this License with respect
264 <   to some or all of the Covered Code due to statute, judicial order, or regulation then You
265 <   must:
266 <
267 <      (a) comply with the terms of this License to the maximum extent possible; and
268 <
269 <      (b) describe the limitations and the code they affect. Such description must be
270 <      included in the LEGAL file described in Section 3.4 and must be included with
271 <      all distributions of the Source Code. Except to the extent prohibited by statute
272 <      or regulation, such description must be sufficiently detailed for a recipient of
273 <      ordinary skill to be able to understand it.
274 <
275 <
276 <   5. Application of this License.
277 <
278 <    
279 <
280 <   This License applies to code to which the Initial Developer has attached the notice in
281 <   Exhibit A and to related Covered Code.
282 <
283 <
284 <   6. Versions of the License.
285 <
286 <
287 <      6.1. New Versions. The Initial Developer of this code may publish revised
288 <      and/or new versions of the License from time to time. Each version will be
289 <      given a distinguishing version number.
290 <
291 <
292 <      6.2. Effect of New Versions. Once Covered Code has been published under
293 <      a particular version of the License, You may always continue to use it under
294 <      the terms of that version. You may also choose to use such Covered Code
295 <      under the terms of any subsequent version of the License published by the
296 <      Initial Developer. No one other than the Initial Developer has the right to modify
297 <      the terms applicable to Covered Code created under this License.
298 <
299 <
300 <      6.3. Derivative Works. If You create or use a modified version of this License
301 <      (which you may only do in order to apply it to code which is not already
302 <      Covered Code governed by this License), You must
303 <
304 <         (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
305 <         ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases
306 <         do not appear in your license (except to note that your license differs
307 <         from this License) and
308 <
309 <         (b) otherwise make it clear that Your version of the license contains
310 <         terms which differ from the Mozilla Public License and Netscape Public
311 <         License. (Filling in the name of the Initial Developer, Original Code or
312 <         Contributor in the notice described in Exhibit A shall not of themselves
313 <         be deemed to be modifications of this License.)
314 <
315 <
316 <      6.4 Origin of the Initial Developer's Public License. The Initial Developer's
317 <      Public License is based on the Mozilla Public License V 1.1 with the following
318 <      changes:
319 <
320 <         1) The license is published by the Initial Developer of this code. Only the
321 <         Initial Developer can modify the terms applicable to Covered Code.
322 <
323 <         2) The license can be modified and used for code which is not already
324 <         governed by this license. Modified versions of the license must be
325 <         renamed to avoid confusion with Netscape's license Initial Developer's's
326 <         license and must include a description of changes from the Initial
327 <         Developer's Public License.
328 <
329 <         3) The name of the license in Exhibit A is the "Initial Developer's Public
330 <         License".
331 <
332 <         4) The reference to an alternative license in Exhibit A has been removed
333 <
334 <         .
335 <         5) Amendments I, II, III, V, and VI have been deleted.
336 <
337 <         6) Exhibit A, Netscape Public License has been deleted
338 <
339 <
340 <   7. DISCLAIMER OF WARRANTY.
341 <
342 <    
343 <
344 <   COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
345 <   WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
346 <   LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
347 <   MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
348 <   ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
349 <   WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
350 <   YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
351 <   COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
352 <   OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
353 <   ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
354 <   DISCLAIMER.
355 <
356 <
357 <   8. TERMINATION.
358 <
359 <    
360 <      8.1. This License and the rights granted hereunder will terminate automatically
361 <      if You fail to comply with terms herein and fail to cure such breach within 30
362 <      days of becoming aware of the breach. All sublicenses to the Covered Code
363 <      which are properly granted shall survive any termination of this License.
364 <      Provisions which, by their nature, must remain in effect beyond the termination
365 <      of this License shall survive.
366 <
367 <      8.2. If You initiate litigation by asserting a patent infringement claim (excluding
368 <      declatory judgment actions) against Initial Developer or a Contributor (the Initial
369 <      Developer or Contributor against whom You file such action is referred to as
370 <      "Participant") alleging that:
371 <
372 <         (a) such Participant's Contributor Version directly or indirectly infringes
373 <         any patent, then any and all rights granted by such Participant to You
374 <         under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
375 <         from Participant terminate prospectively, unless if within 60 days after
376 <         receipt of notice You either:
377 <
378 <            (i) agree in writing to pay Participant a mutually agreeable
379 <            reasonable royalty for Your past and future use of Modifications
380 <            made by such Participant, or
381 <
382 <            (ii) withdraw Your litigation claim with respect to the Contributor
383 <            Version against such Participant.
384 <
385 <
386 <         If within 60 days of notice, a reasonable royalty and payment
387 <         arrangement are not mutually agreed upon in writing by the parties or
388 <         the litigation claim is not withdrawn, the rights granted by Participant to
389 <         You under Sections 2.1 and/or 2.2 automatically terminate at the
390 <         expiration of the 60 day notice period specified above.
391 <
392 <         (b) any software, hardware, or device, other than such Participant's
393 <         Contributor Version, directly or indirectly infringes any patent, then any
394 <         rights granted to You by such Participant under Sections 2.1(b) and
395 <         2.2(b) are revoked effective as of the date You first made, used, sold,
396 <         distributed, or had made, Modifications made by that Participant.
397 <
398 <      8.3. If You assert a patent infringement claim against Participant alleging that
399 <      such Participant's Contributor Version directly or indirectly infringes any patent
400 <      where such claim is resolved (such as by license or settlement) prior to the
401 <      initiation of patent infringement litigation, then the reasonable value of the
402 <      licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
403 <      into account in determining the amount or value of any payment or license.
404 <
405 <      8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
406 <      license agreements (excluding distributors and resellers) which have been
407 <      validly granted by You or any distributor hereunder prior to termination shall
408 <      survive termination.
409 <
410 <
411 <   9. LIMITATION OF LIABILITY.
412 <
413 <
414 <   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
415 <   (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
416 <   DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
417 <   CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
418 <   FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
419 <   CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
420 <   GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
421 <   AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
422 <   SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
423 <   LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
424 <   PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
425 <   APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
426 <   ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
427 <   DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
428 <
429 <
430 <   10. U.S. GOVERNMENT END USERS.
431 <
432 <
433 <   The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
434 <   (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
435 <   software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
436 <   Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
437 <   1995), all U.S. Government End Users acquire Covered Code with only those rights
438 <   set forth herein.
439 <
440 <
441 <   11. MISCELLANEOUS.
442 <
443 <
444 <   This License represents the complete agreement concerning subject matter hereof. If
445 <   any provision of this License is held to be unenforceable, such provision shall be
446 <   reformed only to the extent necessary to make it enforceable. This License shall be
447 <   governed by California law provisions (except to the extent applicable law, if any,
448 <   provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
449 <   in which at least one party is a citizen of, or an entity chartered or registered to do
450 <   business in the United States of America, any litigation relating to this License shall be
451 <   subject to the jurisdiction of the Federal Courts of the Northern District of California,
452 <   with venue lying in Santa Clara County, California, with the losing party responsible for
453 <   costs, including without limitation, court costs and reasonable attorneys' fees and
454 <   expenses. The application of the United Nations Convention on Contracts for the
455 <   International Sale of Goods is expressly excluded. Any law or regulation which
456 <   provides that the language of a contract shall be construed against the drafter shall
457 <   not apply to this License.
458 <
459 <
460 <   12. RESPONSIBILITY FOR CLAIMS.
461 <
462 <
463 <   As between Initial Developer and the Contributors, each party is responsible for claims
464 <   and damages arising, directly or indirectly, out of its utilization of rights under this
465 <   License and You agree to work with Initial Developer and Contributors to distribute
466 <   such responsibility on an equitable basis. Nothing herein is intended or shall be
467 <   deemed to constitute any admission of liability.
468 <
469 <
470 <   13. MULTIPLE-LICENSED CODE.
471 <
472 <
473 <   Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
474 <   "Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of
475 <   the Covered Code under Your choice of the IDPL or the alternative licenses, if any,
476 <   specified by the Initial Developer in the file described in Exhibit A.
477 <
478 <   EXHIBIT A -Initial Developer's Public License.
479 <
480 <   The contents of this file are subject to the Initial Developer's Public License Version 1.0
481 <   (the "License"); you may not use this file except in compliance with the License. You
482 <   may obtain a copy of the License at http://www.firebirdsql.org/index.php?op=doc&id=idpl Software
483 <   distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY
484 <   OF ANY KIND, either express or implied. See the License for the specific language
485 <   governing rights and limitations under the License.
486 <
487 <   The Original Code is ______________________________________.
488 <
489 <   The Initial Developer of the Original Code is ________________________.
490 <
491 <   Portions created by ______________________ are Copyright (C) ______
492 <   _______________________.
493 <
494 <   All Rights Reserved.
495 <
496 <   Contributor(s): ______________________________________.
1 >      Initial Developer's PUBLIC LICENSE
2 >               Version 1.0
3 >
4 >   1. Definitions
5 >
6 >      1.0 "Commercial Use" means distribution or otherwise making the Covered
7 >      Code available to a third party.
8 >
9 >      1.1 ''Contributor'' means each entity that creates or contributes to the
10 >      creation of Modifications.
11 >
12 >      1.2 ''Contributor Version'' means the combination of the Original Code, prior
13 >      Modifications used by a Contributor, and the Modifications made by that
14 >      particular Contributor.
15 >
16 >      1.3. ''Covered Code'' means the Original Code or Modifications or the
17 >      combination of the Original Code and Modifications, in each case including
18 >      portions thereof.
19 >
20 >      1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
21 >      accepted in the software development community for the electronic transfer of
22 >      data.
23 >
24 >      1.5. ''Executable'' means Covered Code in any form other than Source Code.
25 >
26 >      1.6. ''Initial Developer'' means the individual or entity identified as the Initial
27 >      Developer in the Source Code notice required by Exhibit A.
28 >
29 >      1.7. ''Larger Work'' means a work which combines Covered Code or portions
30 >      thereof with code not governed by the terms of this License.
31 >
32 >      1.8. ''License'' means this document.
33 >
34 >         1.8.1. "Licensable" means having the right to grant, to the maximum
35 >         extent possible, whether at the time of the initial grant or subsequently
36 >         acquired, any and all of the rights conveyed herein.
37 >
38 >      1.9. ''Modifications'' means any addition to or deletion from the substance or
39 >      structure of either the Original Code or any previous Modifications. When
40 >      Covered Code is released as a series of files, a Modification is:
41 >
42 >         Any addition to or deletion from the contents of a file containing Original
43 >         Code or previous Modifications.
44 >
45 >         Any new file that contains any part of the Original Code or previous
46 >         Modifications.
47 >
48 >      1.10. ''Original Code'' means Source Code of computer software code which
49 >      is described in the Source Code notice required by Exhibit A as Original Code,
50 >      and which, at the time of its release under this License is not already Covered
51 >      Code governed by this License.
52 >
53 >         1.10.1. "Patent Claims" means any patent claim(s), now owned or
54 >         hereafter acquired, including without limitation, method, process, and
55 >         apparatus claims, in any patent Licensable by grantor.
56 >
57 >      1.11. ''Source Code'' means the preferred form of the Covered Code for
58 >      making modifications to it, including all modules it contains, plus any associated
59 >      interface definition files, scripts used to control compilation and installation of
60 >      an Executable, or source code differential comparisons against either the
61 >      Original Code or another well known, available Covered Code of the
62 >      Contributor's choice. The Source Code can be in a compressed or archival
63 >      form, provided the appropriate decompression or de-archiving software is
64 >      widely available for no charge.
65 >
66 >      1.12. "You'' (or "Your") means an individual or a legal entity exercising rights
67 >      under, and complying with all of the terms of, this License or a future version
68 >      of this License issued under Section 6.1. For legal entities, "You'' includes any
69 >      entity w hich controls, is controlled by, or is under common control with You.
70 >      For purposes of this definition, "control'' means (a) the power, direct or
71 >      indirect, to cause the direction or management of such entity, whether by
72 >      contract or otherwise, or (b) ownership of more than fifty percent (50%) of
73 >      the outstanding shares or beneficial ownership of such entity.
74 >
75 >
76 >   2. Source Code License.
77 >
78 >
79 >   2.1. The Initial Developer Grant. The Initial Developer hereby grants You a
80 >   world-wide, royalty-free, non-exclusive license, subject to third party intellectual
81 >   property claims:
82 >
83 >      (a) under intellectual property rights (other than patent or trademark)
84 >      Licensable by Initial Developer to use, reproduce, modify, display, perform,
85 >      sublicense and distribute the Original Code (or portions thereof) with or without
86 >      Modifications, and/or as part of a Larger Work; and
87 >
88 >      (b) under Patents Claims infringed by the making, using or selling of Original
89 >      Code, to make, have made, use, practice, sell, and offer for sale, and/or
90 >      otherwise dispose of the Original Code (or portions thereof).
91 >      (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
92 >      Initial Developer first distributes Original Code under the terms of this License.
93 >
94 >      d) Notwithstanding Section 2.1(b) above, no patent license is granted:
95 >
96 >         1) for code that You delete from the Original Code;
97 >
98 >         2) separate from the Original Code; or
99 >
100 >         3) for infringements caused by:
101 >
102 >            i) the modification of the Original Code or
103 >
104 >            ii) the combination of the Original Code with other software or
105 >            devices.
106 >
107 >   2.2. Contributor Grant. Subject to third party intellectual property claims, each
108 >   Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
109 >
110 >      (a) under intellectual property rights (other than patent or trademark)
111 >      Licensable by Contributor, to use, reproduce, modify, display, perform,
112 >      sublicense and distribute the Modifications created by such Contributor (or
113 >      portions thereof) either on an unmodified basis, with other Modifications, as
114 >      Covered Code and/or as part of a Larger Work; and
115 >
116 >      (b) under Patent Claims infringed by the making, using, or selling of
117 >      Modifications made by that Contributor either alone and/or in combination with
118 >      its Contributor Version (or portions of such combination), to make, use, sell,
119 >      offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
120 >      by that Contributor (or portions thereof); and 2) the combination of
121 >      Modifications made by that Contributor with its Contributor Version (or portions
122 >      of such combination).
123 >
124 >      (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
125 >      Contributor first makes Commercial Use of the Covered Code.
126 >
127 >      (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
128 >
129 >         1) for any code that Contributor has deleted from the Contributor
130 >         Version;
131 >
132 >         2) separate from the Contributor Version;
133 >
134 >         3) for infringements caused by:
135 >
136 >         i) third party modifications of Contributor Version or
137 >
138 >            ii) the combination of Modifications made by that Contributor with
139 >            other software (except as part of the Contributor Version) or
140 >            other devices; or
141 >
142 >         4) under Patent Claims infringed by Covered Code in the absence of
143 >         Modifications made by that Contributor.
144 >
145 >
146 >   3. Distribution Obligations.
147 >
148 >
149 >      3.1. Application of License. The Modifications which You create or to which
150 >      You contribute are governed by the terms of this License, including without
151 >      limitation Section 2.2. The Source Code version of Covered Code may be
152 >      distributed only under the terms of this License or a future version of this
153 >      License released under Section 6.1, and You must include a copy of this
154 >      License with every copy of the Source Code You distribute. You may not offer
155 >      or impose any terms on any Source Code version that alters or restricts the
156 >      applicable version of this License or the recipients' rights hereunder. However,
157 >      You may include an additional document offering the additional rights described
158 >      in Section 3.5.
159 >
160 >
161 >      3.2. Availability of Source Code. Any Modification which You create or to
162 >      which You contribute must be made available in Source Code form under the
163 >      terms of this License either on the same media as an Executable version or via
164 >      an accepted Electronic Distribution Mechanism to anyone to whom you made
165 >      an Executable version available; and if made available via Electronic Distribution
166 >      Mechanism, must remain available for at least twelve (12) months after the
167 >      date it initially became available, or at least six (6) months after a subsequent
168 >      version of that particular Modification has been made available to such
169 >      recipients. You are responsible for ensuring that the Source Code version
170 >      remains available even if the Electronic Distribution Mechanism is maintained by
171 >      a third party.
172 >
173 >
174 >      3.3. Description of Modifications. You must cause all Covered Code to
175 >      which You contribute to contain a file documenting the changes You made to
176 >      create that Covered Code and the date of any change. You must include a
177 >      prominent statement that the Modification is derived, directly or indirectly, from
178 >      Original Code provided by the Initial Developer and including the name of the
179 >      Initial Developer in
180 >
181 >         (a) the Source Code, and
182 >
183 >         (b) in any notice in an Executable version or related documentation in
184 >         which You describe the origin or ownership of the Covered Code.
185 >
186 >
187 >      3.4. Intellectual Property Matters
188 >
189 >         a) Third Party Claims. If Contributor has knowledge that a license under
190 >         a third party's intellectual property rights is required to exercise the
191 >         rights granted by such Contributor under Sections 2.1 or 2.2,
192 >         Contributor must include a text file with the Source Code distribution
193 >         titled "LEGAL'' which describes the claim and the party making the claim
194 >         in sufficient detail that a recipient will know whom to contact. If
195 >         Contributor obtains such knowledge after the Modification is made
196 >         available as described in Section 3.2, Contributor shall promptly modify
197 >         the LEGAL file in all copies Contributor makes available thereafter and
198 >         shall take other steps (such as notifying appropriate mailing lists or
199 >         newsgroups) reasonably calculated to inform those who received the
200 >         Covered Code that new knowledge has been obtained.
201 >
202 >         (b) Contributor APIs. If Contributor's Modifications include an application
203 >         programming interface and Contributor has knowledge of patent
204 >         licenses which are reasonably necessary to implement that API,
205 >         Contributor must also include this information in the LEGAL file.
206 >
207 >
208 >         (c) Representations. Contributor represents that, except as disclosed
209 >         pursuant to Section 3.4(a) above, Contributor believes that Contributor's
210 >         Modifications are Contributor's original creation(s) and/or Contributor
211 >         has sufficient rights to grant the rights conveyed by this License.
212 >
213 >
214 >      3.5. Required Notices. You must duplicate the notice in Exhibit A in each file
215 >      of the Source Code. If it is not possible to put such notice in a particular Source
216 >      Code file due to its structure, then You must include such notice in a location
217 >      (such as a relevant directory) where a user would be likely to look for such a
218 >      notice. If You created one or more Modification(s) You may add your name as
219 >      a Contributor to the notice described in Exhibit A. You must also duplicate this
220 >      License in any documentation for the Source Code where You describe
221 >      recipients' rights or ownership rights relating to Covered Code. You may
222 >      choose to offer, and to charge a fee for, warranty, support, indemnity or
223 >      liability obligations to one or more recipients of Covered Code. However, You
224 >      may do so only on Your own behalf, and not on behalf of the Initial Developer
225 >      or any Contributor. You must make it absolutely clear than any such warranty,
226 >      support, indemnity or liability obligation is offered by You alone, and You
227 >      hereby agree to indemnify the Initial Developer and every Contributor for any
228 >      liability incurred by the Initial Developer or such Contributor as a result of
229 >      warranty, support, indemnity or liability terms You offer.
230 >
231 >
232 >      3.6. Distribution of Executable Versions. You may distribute Covered
233 >      Code in Executable form only if the requirements of Section 3.1-3.5 have been
234 >      met for that Covered Code, and if You include a notice stating that the Source
235 >      Code version of the Covered Code is available under the terms of this License,
236 >      including a description of how and where You have fulfilled the obligations of
237 >      Section 3.2. The notice must be conspicuously included in any notice in an
238 >      Executable version, related documentation or collateral in which You describe
239 >      recipients' rights relating to the Covered Code. You may distribute the
240 >      Executable version of Covered Code or ownership rights under a license of
241 >      Your choice, which may contain terms different from this License, provided
242 >      that You are in compliance with the terms of this License and hat the license
243 >      for the Executable version does not attempt to limit or alter the recipient's rights
244 >      in the Source Code version from the rights set forth in this License. If You
245 >      distribute the Executable version under a different license You must make it
246 >      absolutely clear that any terms which differ from this License are offered by
247 >      You alone, not by the Initial Developer or any Contributor. You hereby agree to
248 >      indemnify the Initial Developer and every Contributor for any liability incurred by
249 >      the Initial Developer or such Contributor as a result of any such terms You
250 >      offer.
251 >
252 >
253 >      3.7. Larger Works. You may create a Larger Work by combining Covered
254 >      Code with other code not governed by the terms of this License and distribute
255 >      the Larger Work as a single product. In such a case, You must make sure the
256 >      requirements of this License are fulfilled for the Covered Code.
257 >
258 >
259 >   4. Inability to Comply Due to Statute or Regulation.
260 >
261 >    
262 >
263 >   If it is impossible for You to comply with any of the terms of this License with respect
264 >   to some or all of the Covered Code due to statute, judicial order, or regulation then You
265 >   must:
266 >
267 >      (a) comply with the terms of this License to the maximum extent possible; and
268 >
269 >      (b) describe the limitations and the code they affect. Such description must be
270 >      included in the LEGAL file described in Section 3.4 and must be included with
271 >      all distributions of the Source Code. Except to the extent prohibited by statute
272 >      or regulation, such description must be sufficiently detailed for a recipient of
273 >      ordinary skill to be able to understand it.
274 >
275 >
276 >   5. Application of this License.
277 >
278 >    
279 >
280 >   This License applies to code to which the Initial Developer has attached the notice in
281 >   Exhibit A and to related Covered Code.
282 >
283 >
284 >   6. Versions of the License.
285 >
286 >
287 >      6.1. New Versions. The Initial Developer of this code may publish revised
288 >      and/or new versions of the License from time to time. Each version will be
289 >      given a distinguishing version number.
290 >
291 >
292 >      6.2. Effect of New Versions. Once Covered Code has been published under
293 >      a particular version of the License, You may always continue to use it under
294 >      the terms of that version. You may also choose to use such Covered Code
295 >      under the terms of any subsequent version of the License published by the
296 >      Initial Developer. No one other than the Initial Developer has the right to modify
297 >      the terms applicable to Covered Code created under this License.
298 >
299 >
300 >      6.3. Derivative Works. If You create or use a modified version of this License
301 >      (which you may only do in order to apply it to code which is not already
302 >      Covered Code governed by this License), You must
303 >
304 >         (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
305 >         ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases
306 >         do not appear in your license (except to note that your license differs
307 >         from this License) and
308 >
309 >         (b) otherwise make it clear that Your version of the license contains
310 >         terms which differ from the Mozilla Public License and Netscape Public
311 >         License. (Filling in the name of the Initial Developer, Original Code or
312 >         Contributor in the notice described in Exhibit A shall not of themselves
313 >         be deemed to be modifications of this License.)
314 >
315 >
316 >      6.4 Origin of the Initial Developer's Public License. The Initial Developer's
317 >      Public License is based on the Mozilla Public License V 1.1 with the following
318 >      changes:
319 >
320 >         1) The license is published by the Initial Developer of this code. Only the
321 >         Initial Developer can modify the terms applicable to Covered Code.
322 >
323 >         2) The license can be modified and used for code which is not already
324 >         governed by this license. Modified versions of the license must be
325 >         renamed to avoid confusion with Netscape's license Initial Developer's's
326 >         license and must include a description of changes from the Initial
327 >         Developer's Public License.
328 >
329 >         3) The name of the license in Exhibit A is the "Initial Developer's Public
330 >         License".
331 >
332 >         4) The reference to an alternative license in Exhibit A has been removed
333 >
334 >         .
335 >         5) Amendments I, II, III, V, and VI have been deleted.
336 >
337 >         6) Exhibit A, Netscape Public License has been deleted
338 >
339 >
340 >   7. DISCLAIMER OF WARRANTY.
341 >
342 >    
343 >
344 >   COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
345 >   WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
346 >   LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
347 >   MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
348 >   ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
349 >   WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
350 >   YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
351 >   COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
352 >   OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
353 >   ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
354 >   DISCLAIMER.
355 >
356 >
357 >   8. TERMINATION.
358 >
359 >    
360 >      8.1. This License and the rights granted hereunder will terminate automatically
361 >      if You fail to comply with terms herein and fail to cure such breach within 30
362 >      days of becoming aware of the breach. All sublicenses to the Covered Code
363 >      which are properly granted shall survive any termination of this License.
364 >      Provisions which, by their nature, must remain in effect beyond the termination
365 >      of this License shall survive.
366 >
367 >      8.2. If You initiate litigation by asserting a patent infringement claim (excluding
368 >      declatory judgment actions) against Initial Developer or a Contributor (the Initial
369 >      Developer or Contributor against whom You file such action is referred to as
370 >      "Participant") alleging that:
371 >
372 >         (a) such Participant's Contributor Version directly or indirectly infringes
373 >         any patent, then any and all rights granted by such Participant to You
374 >         under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
375 >         from Participant terminate prospectively, unless if within 60 days after
376 >         receipt of notice You either:
377 >
378 >            (i) agree in writing to pay Participant a mutually agreeable
379 >            reasonable royalty for Your past and future use of Modifications
380 >            made by such Participant, or
381 >
382 >            (ii) withdraw Your litigation claim with respect to the Contributor
383 >            Version against such Participant.
384 >
385 >
386 >         If within 60 days of notice, a reasonable royalty and payment
387 >         arrangement are not mutually agreed upon in writing by the parties or
388 >         the litigation claim is not withdrawn, the rights granted by Participant to
389 >         You under Sections 2.1 and/or 2.2 automatically terminate at the
390 >         expiration of the 60 day notice period specified above.
391 >
392 >         (b) any software, hardware, or device, other than such Participant's
393 >         Contributor Version, directly or indirectly infringes any patent, then any
394 >         rights granted to You by such Participant under Sections 2.1(b) and
395 >         2.2(b) are revoked effective as of the date You first made, used, sold,
396 >         distributed, or had made, Modifications made by that Participant.
397 >
398 >      8.3. If You assert a patent infringement claim against Participant alleging that
399 >      such Participant's Contributor Version directly or indirectly infringes any patent
400 >      where such claim is resolved (such as by license or settlement) prior to the
401 >      initiation of patent infringement litigation, then the reasonable value of the
402 >      licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
403 >      into account in determining the amount or value of any payment or license.
404 >
405 >      8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
406 >      license agreements (excluding distributors and resellers) which have been
407 >      validly granted by You or any distributor hereunder prior to termination shall
408 >      survive termination.
409 >
410 >
411 >   9. LIMITATION OF LIABILITY.
412 >
413 >
414 >   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
415 >   (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
416 >   DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
417 >   CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
418 >   FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
419 >   CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
420 >   GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
421 >   AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
422 >   SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
423 >   LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
424 >   PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
425 >   APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
426 >   ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
427 >   DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
428 >
429 >
430 >   10. U.S. GOVERNMENT END USERS.
431 >
432 >
433 >   The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
434 >   (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
435 >   software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
436 >   Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
437 >   1995), all U.S. Government End Users acquire Covered Code with only those rights
438 >   set forth herein.
439 >
440 >
441 >   11. MISCELLANEOUS.
442 >
443 >
444 >   This License represents the complete agreement concerning subject matter hereof. If
445 >   any provision of this License is held to be unenforceable, such provision shall be
446 >   reformed only to the extent necessary to make it enforceable. This License shall be
447 >   governed by California law provisions (except to the extent applicable law, if any,
448 >   provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
449 >   in which at least one party is a citizen of, or an entity chartered or registered to do
450 >   business in the United States of America, any litigation relating to this License shall be
451 >   subject to the jurisdiction of the Federal Courts of the Northern District of California,
452 >   with venue lying in Santa Clara County, California, with the losing party responsible for
453 >   costs, including without limitation, court costs and reasonable attorneys' fees and
454 >   expenses. The application of the United Nations Convention on Contracts for the
455 >   International Sale of Goods is expressly excluded. Any law or regulation which
456 >   provides that the language of a contract shall be construed against the drafter shall
457 >   not apply to this License.
458 >
459 >
460 >   12. RESPONSIBILITY FOR CLAIMS.
461 >
462 >
463 >   As between Initial Developer and the Contributors, each party is responsible for claims
464 >   and damages arising, directly or indirectly, out of its utilization of rights under this
465 >   License and You agree to work with Initial Developer and Contributors to distribute
466 >   such responsibility on an equitable basis. Nothing herein is intended or shall be
467 >   deemed to constitute any admission of liability.
468 >
469 >
470 >   13. MULTIPLE-LICENSED CODE.
471 >
472 >
473 >   Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
474 >   "Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of
475 >   the Covered Code under Your choice of the IDPL or the alternative licenses, if any,
476 >   specified by the Initial Developer in the file described in Exhibit A.
477 >
478 >   EXHIBIT A -Initial Developer's Public License.
479 >
480 >   The contents of this file are subject to the Initial Developer's Public License Version 1.0
481 >   (the "License"); you may not use this file except in compliance with the License. You
482 >   may obtain a copy of the License at http://www.firebirdsql.org/index.php?op=doc&id=idpl Software
483 >   distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY
484 >   OF ANY KIND, either express or implied. See the License for the specific language
485 >   governing rights and limitations under the License.
486 >
487 >   The Original Code is ______________________________________.
488 >
489 >   The Initial Developer of the Original Code is ________________________.
490 >
491 >   Portions created by ______________________ are Copyright (C) ______
492 >   _______________________.
493 >
494 >   All Rights Reserved.
495 >
496 >   Contributor(s): ______________________________________.

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