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Initial Developer's PUBLIC LICENSE |
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Version 1.0 |
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|
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1. Definitions |
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|
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1.0 "Commercial Use" means distribution or otherwise making the Covered |
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Code available to a third party. |
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|
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1.1 ''Contributor'' means each entity that creates or contributes to the |
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creation of Modifications. |
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1.2 ''Contributor Version'' means the combination of the Original Code, prior |
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Modifications used by a Contributor, and the Modifications made by that |
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particular Contributor. |
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|
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1.3. ''Covered Code'' means the Original Code or Modifications or the |
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combination of the Original Code and Modifications, in each case including |
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portions thereof. |
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|
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1.4. ''Electronic Distribution Mechanism'' means a mechanism generally |
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accepted in the software development community for the electronic transfer of |
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data. |
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|
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1.5. ''Executable'' means Covered Code in any form other than Source Code. |
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1.6. ''Initial Developer'' means the individual or entity identified as the Initial |
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Developer in the Source Code notice required by Exhibit A. |
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|
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1.7. ''Larger Work'' means a work which combines Covered Code or portions |
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thereof with code not governed by the terms of this License. |
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|
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1.8. ''License'' means this document. |
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1.8.1. "Licensable" means having the right to grant, to the maximum |
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extent possible, whether at the time of the initial grant or subsequently |
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acquired, any and all of the rights conveyed herein. |
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|
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1.9. ''Modifications'' means any addition to or deletion from the substance or |
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structure of either the Original Code or any previous Modifications. When |
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Covered Code is released as a series of files, a Modification is: |
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|
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Any addition to or deletion from the contents of a file containing Original |
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Code or previous Modifications. |
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Any new file that contains any part of the Original Code or previous |
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Modifications. |
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1.10. ''Original Code'' means Source Code of computer software code which |
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is described in the Source Code notice required by Exhibit A as Original Code, |
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and which, at the time of its release under this License is not already Covered |
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Code governed by this License. |
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|
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1.10.1. "Patent Claims" means any patent claim(s), now owned or |
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hereafter acquired, including without limitation, method, process, and |
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apparatus claims, in any patent Licensable by grantor. |
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|
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1.11. ''Source Code'' means the preferred form of the Covered Code for |
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making modifications to it, including all modules it contains, plus any associated |
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interface definition files, scripts used to control compilation and installation of |
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an Executable, or source code differential comparisons against either the |
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Original Code or another well known, available Covered Code of the |
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Contributor's choice. The Source Code can be in a compressed or archival |
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form, provided the appropriate decompression or de-archiving software is |
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widely available for no charge. |
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|
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1.12. "You'' (or "Your") means an individual or a legal entity exercising rights |
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under, and complying with all of the terms of, this License or a future version |
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of this License issued under Section 6.1. For legal entities, "You'' includes any |
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entity w hich controls, is controlled by, or is under common control with You. |
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For purposes of this definition, "control'' means (a) the power, direct or |
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indirect, to cause the direction or management of such entity, whether by |
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contract or otherwise, or (b) ownership of more than fifty percent (50%) of |
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the outstanding shares or beneficial ownership of such entity. |
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2. Source Code License. |
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2.1. The Initial Developer Grant. The Initial Developer hereby grants You a |
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world-wide, royalty-free, non-exclusive license, subject to third party intellectual |
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property claims: |
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|
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(a) under intellectual property rights (other than patent or trademark) |
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Licensable by Initial Developer to use, reproduce, modify, display, perform, |
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sublicense and distribute the Original Code (or portions thereof) with or without |
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Modifications, and/or as part of a Larger Work; and |
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|
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(b) under Patents Claims infringed by the making, using or selling of Original |
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Code, to make, have made, use, practice, sell, and offer for sale, and/or |
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otherwise dispose of the Original Code (or portions thereof). |
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date |
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Initial Developer first distributes Original Code under the terms of this License. |
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|
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d) Notwithstanding Section 2.1(b) above, no patent license is granted: |
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|
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1) for code that You delete from the Original Code; |
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2) separate from the Original Code; or |
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|
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3) for infringements caused by: |
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i) the modification of the Original Code or |
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ii) the combination of the Original Code with other software or |
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devices. |
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|
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2.2. Contributor Grant. Subject to third party intellectual property claims, each |
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Contributor hereby grants You a world-wide, royalty-free, non-exclusive license |
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|
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(a) under intellectual property rights (other than patent or trademark) |
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Licensable by Contributor, to use, reproduce, modify, display, perform, |
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sublicense and distribute the Modifications created by such Contributor (or |
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portions thereof) either on an unmodified basis, with other Modifications, as |
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Covered Code and/or as part of a Larger Work; and |
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|
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(b) under Patent Claims infringed by the making, using, or selling of |
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Modifications made by that Contributor either alone and/or in combination with |
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its Contributor Version (or portions of such combination), to make, use, sell, |
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offer for sale, have made, and/or otherwise dispose of: 1) Modifications made |
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by that Contributor (or portions thereof); and 2) the combination of |
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Modifications made by that Contributor with its Contributor Version (or portions |
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of such combination). |
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|
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date |
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Contributor first makes Commercial Use of the Covered Code. |
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: |
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1) for any code that Contributor has deleted from the Contributor |
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Version; |
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2) separate from the Contributor Version; |
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3) for infringements caused by: |
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i) third party modifications of Contributor Version or |
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ii) the combination of Modifications made by that Contributor with |
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other software (except as part of the Contributor Version) or |
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other devices; or |
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|
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4) under Patent Claims infringed by Covered Code in the absence of |
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Modifications made by that Contributor. |
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3. Distribution Obligations. |
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3.1. Application of License. The Modifications which You create or to which |
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You contribute are governed by the terms of this License, including without |
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limitation Section 2.2. The Source Code version of Covered Code may be |
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distributed only under the terms of this License or a future version of this |
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License released under Section 6.1, and You must include a copy of this |
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License with every copy of the Source Code You distribute. You may not offer |
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or impose any terms on any Source Code version that alters or restricts the |
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applicable version of this License or the recipients' rights hereunder. However, |
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You may include an additional document offering the additional rights described |
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in Section 3.5. |
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|
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|
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3.2. Availability of Source Code. Any Modification which You create or to |
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which You contribute must be made available in Source Code form under the |
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terms of this License either on the same media as an Executable version or via |
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an accepted Electronic Distribution Mechanism to anyone to whom you made |
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an Executable version available; and if made available via Electronic Distribution |
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Mechanism, must remain available for at least twelve (12) months after the |
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date it initially became available, or at least six (6) months after a subsequent |
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version of that particular Modification has been made available to such |
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recipients. You are responsible for ensuring that the Source Code version |
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remains available even if the Electronic Distribution Mechanism is maintained by |
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a third party. |
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3.3. Description of Modifications. You must cause all Covered Code to |
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which You contribute to contain a file documenting the changes You made to |
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create that Covered Code and the date of any change. You must include a |
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prominent statement that the Modification is derived, directly or indirectly, from |
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Original Code provided by the Initial Developer and including the name of the |
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Initial Developer in |
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(a) the Source Code, and |
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(b) in any notice in an Executable version or related documentation in |
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which You describe the origin or ownership of the Covered Code. |
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3.4. Intellectual Property Matters |
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a) Third Party Claims. If Contributor has knowledge that a license under |
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a third party's intellectual property rights is required to exercise the |
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rights granted by such Contributor under Sections 2.1 or 2.2, |
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Contributor must include a text file with the Source Code distribution |
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titled "LEGAL'' which describes the claim and the party making the claim |
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in sufficient detail that a recipient will know whom to contact. If |
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Contributor obtains such knowledge after the Modification is made |
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available as described in Section 3.2, Contributor shall promptly modify |
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the LEGAL file in all copies Contributor makes available thereafter and |
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shall take other steps (such as notifying appropriate mailing lists or |
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newsgroups) reasonably calculated to inform those who received the |
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Covered Code that new knowledge has been obtained. |
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|
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(b) Contributor APIs. If Contributor's Modifications include an application |
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programming interface and Contributor has knowledge of patent |
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licenses which are reasonably necessary to implement that API, |
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Contributor must also include this information in the LEGAL file. |
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(c) Representations. Contributor represents that, except as disclosed |
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pursuant to Section 3.4(a) above, Contributor believes that Contributor's |
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Modifications are Contributor's original creation(s) and/or Contributor |
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has sufficient rights to grant the rights conveyed by this License. |
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each file |
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of the Source Code. If it is not possible to put such notice in a particular Source |
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Code file due to its structure, then You must include such notice in a location |
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(such as a relevant directory) where a user would be likely to look for such a |
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notice. If You created one or more Modification(s) You may add your name as |
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a Contributor to the notice described in Exhibit A. You must also duplicate this |
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License in any documentation for the Source Code where You describe |
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recipients' rights or ownership rights relating to Covered Code. You may |
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choose to offer, and to charge a fee for, warranty, support, indemnity or |
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liability obligations to one or more recipients of Covered Code. However, You |
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may do so only on Your own behalf, and not on behalf of the Initial Developer |
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or any Contributor. You must make it absolutely clear than any such warranty, |
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support, indemnity or liability obligation is offered by You alone, and You |
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hereby agree to indemnify the Initial Developer and every Contributor for any |
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liability incurred by the Initial Developer or such Contributor as a result of |
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warranty, support, indemnity or liability terms You offer. |
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|
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|
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3.6. Distribution of Executable Versions. You may distribute Covered |
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Code in Executable form only if the requirements of Section 3.1-3.5 have been |
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met for that Covered Code, and if You include a notice stating that the Source |
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Code version of the Covered Code is available under the terms of this License, |
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including a description of how and where You have fulfilled the obligations of |
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Section 3.2. The notice must be conspicuously included in any notice in an |
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Executable version, related documentation or collateral in which You describe |
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recipients' rights relating to the Covered Code. You may distribute the |
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Executable version of Covered Code or ownership rights under a license of |
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Your choice, which may contain terms different from this License, provided |
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that You are in compliance with the terms of this License and hat the license |
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for the Executable version does not attempt to limit or alter the recipient's rights |
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in the Source Code version from the rights set forth in this License. If You |
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distribute the Executable version under a different license You must make it |
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absolutely clear that any terms which differ from this License are offered by |
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You alone, not by the Initial Developer or any Contributor. You hereby agree to |
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indemnify the Initial Developer and every Contributor for any liability incurred by |
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the Initial Developer or such Contributor as a result of any such terms You |
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offer. |
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|
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|
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3.7. Larger Works. You may create a Larger Work by combining Covered |
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Code with other code not governed by the terms of this License and distribute |
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the Larger Work as a single product. In such a case, You must make sure the |
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requirements of this License are fulfilled for the Covered Code. |
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4. Inability to Comply Due to Statute or Regulation. |
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If it is impossible for You to comply with any of the terms of this License with respect |
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to some or all of the Covered Code due to statute, judicial order, or regulation then You |
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must: |
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(a) comply with the terms of this License to the maximum extent possible; and |
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|
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(b) describe the limitations and the code they affect. Such description must be |
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included in the LEGAL file described in Section 3.4 and must be included with |
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all distributions of the Source Code. Except to the extent prohibited by statute |
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or regulation, such description must be sufficiently detailed for a recipient of |
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ordinary skill to be able to understand it. |
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5. Application of this License. |
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This License applies to code to which the Initial Developer has attached the notice in |
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Exhibit A and to related Covered Code. |
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6. Versions of the License. |
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6.1. New Versions. The Initial Developer of this code may publish revised |
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and/or new versions of the License from time to time. Each version will be |
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given a distinguishing version number. |
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6.2. Effect of New Versions. Once Covered Code has been published under |
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a particular version of the License, You may always continue to use it under |
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the terms of that version. You may also choose to use such Covered Code |
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under the terms of any subsequent version of the License published by the |
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Initial Developer. No one other than the Initial Developer has the right to modify |
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the terms applicable to Covered Code created under this License. |
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6.3. Derivative Works. If You create or use a modified version of this License |
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(which you may only do in order to apply it to code which is not already |
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Covered Code governed by this License), You must |
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|
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(a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', |
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''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases |
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do not appear in your license (except to note that your license differs |
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from this License) and |
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|
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(b) otherwise make it clear that Your version of the license contains |
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terms which differ from the Mozilla Public License and Netscape Public |
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License. (Filling in the name of the Initial Developer, Original Code or |
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Contributor in the notice described in Exhibit A shall not of themselves |
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be deemed to be modifications of this License.) |
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|
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|
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6.4 Origin of the Initial Developer's Public License. The Initial Developer's |
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Public License is based on the Mozilla Public License V 1.1 with the following |
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changes: |
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1) The license is published by the Initial Developer of this code. Only the |
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Initial Developer can modify the terms applicable to Covered Code. |
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2) The license can be modified and used for code which is not already |
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governed by this license. Modified versions of the license must be |
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renamed to avoid confusion with Netscape's license Initial Developer's's |
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license and must include a description of changes from the Initial |
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Developer's Public License. |
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3) The name of the license in Exhibit A is the "Initial Developer's Public |
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License". |
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4) The reference to an alternative license in Exhibit A has been removed |
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. |
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5) Amendments I, II, III, V, and VI have been deleted. |
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6) Exhibit A, Netscape Public License has been deleted |
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7. DISCLAIMER OF WARRANTY. |
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT |
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT |
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, |
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE |
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ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS |
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WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, |
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YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE |
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COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
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ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
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DISCLAIMER. |
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8. TERMINATION. |
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8.1. This License and the rights granted hereunder will terminate automatically |
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if You fail to comply with terms herein and fail to cure such breach within 30 |
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days of becoming aware of the breach. All sublicenses to the Covered Code |
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which are properly granted shall survive any termination of this License. |
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Provisions which, by their nature, must remain in effect beyond the termination |
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of this License shall survive. |
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|
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8.2. If You initiate litigation by asserting a patent infringement claim (excluding |
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declatory judgment actions) against Initial Developer or a Contributor (the Initial |
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Developer or Contributor against whom You file such action is referred to as |
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"Participant") alleging that: |
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|
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(a) such Participant's Contributor Version directly or indirectly infringes |
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any patent, then any and all rights granted by such Participant to You |
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< |
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): ______________________________________. |
